ORS 222.750
Annexation of unincorporated territory surrounded by city

  • delayed annexation for certain property

(1)

As used in this section:

(a)

“Creek” means a natural course of water that is smaller than, and often tributary to, a river, but is not shallow or intermittent.

(b)

“River” means a large, continuous and natural stream of water that is fed along its course by converging tributaries and empties into an ocean, lake or other body of water.

(2)

When territory not within a city is surrounded by the corporate boundaries of the city, or by the corporate boundaries of the city and the corporate boundaries of another city, the ocean shore, a river, a creek, a bay, a lake or Interstate Highway 5, the city may annex the territory pursuant to this section after holding at least one public hearing on the question for which notice has been mailed to each record owner of real property in the territory proposed to be annexed.

(3)

This section does not apply if the territory not within a city:

(a)

Is surrounded entirely by water; or

(b)

Is surrounded as provided in subsection (2) of this section, but a portion of the corporate boundaries of the city that consists only of a public right of way, other than Interstate Highway 5, constitutes more than 25 percent of the perimeter of the territory.

(4)

Unless otherwise required by the city charter, annexation by a city under this section must be by ordinance or resolution subject to referendum, with or without the consent of any owner of real property within the territory or resident in the territory.

(5)

For property that is zoned to allow residential use as a permitted use in the zone and is in residential use when annexation is initiated by the city under this section, the city shall specify an effective date for the annexation that is at least three years and not more than 10 years after the date the city proclaims the annexation approved. The city recorder or other officer performing the duties of the city recorder shall:

(a)

Cause notice of the delayed annexation to be recorded by the county clerk of the county in which any part of the territory subject to delayed annexation is located within 60 days after the city proclaims the annexation approved; and

(b)

Notify the county clerk of each county in which any part of the territory subject to delayed annexation is located not sooner than 120 days and not later than 90 days before the annexation takes effect.

(6)

Notwithstanding subsection (5) of this section:

(a)

Property that is subject to delayed annexation becomes part of the city immediately upon transfer of ownership.

(b)

The record owner of real property described in subsection (5) of this section that is located in the territory to be annexed may waive the delay of the effective date of the annexation provided under subsection (5) of this section. The property becomes part of the city immediately upon the waiver.

(7)

This section does not limit provisions of a city charter, ordinance or resolution that are more restrictive than the provisions of this section for creating or annexing territory that is surrounded as described in subsection (2) of this section.

(8)

If a city charter, ordinance or resolution requires the city to conduct an election in the city, the city shall allow electors, if any, in the territory proposed to be annexed to vote in the election on the question of annexation. If the governing body of the city finds that a majority of the votes cast in the city and the territory combined favor annexation, the governing body, by ordinance or resolution, shall proclaim the annexation approved. The proclamation shall contain a legal description of each territory annexed. [Amended by 1963 c.444 §1; 1985 c.702 §16; 2007 c.654 §1; 2007 c.706 §1; 2019 c.197 §1; 2019 c.315 §3]

Source: Section 222.750 — Annexation of unincorporated territory surrounded by city; delayed annexation for certain property, https://www.­oregonlegislature.­gov/bills_laws/ors/ors222.­html.

Notes of Decisions

Permitting annexation of surrounded territory without vote of residents does not deprive residents of right to equal protection under United States Constitution. Kane v. City of Beaverton, 202 Or App 431, 122 P3d 137 (2005)

“Surrounded by” means territory to be annexed is completely enclosed by and contiguous with corporate boundaries of annexing city or corporate boundaries of annexing city and body of water. Costco Wholesale Corp. v. City of Beaverton, 206 Or App 380, 136 P3d 1219 (2006), aff’d 343 Or 18, 161 P3d 926 (2007)

222.005
Notice to public utilities of annexation 222.010
Report of city boundary changes 222.030
Assessor to furnish statement of assessed valuation of property in territory to be annexed 222.040
Delay of effective date of actions under this chapter because of election 222.045
Written agreement required regarding unfunded PERS liability or surplus when cities split, consolidate or merge 222.050
Certain consolidations and mergers 222.111
Authority and procedure for annexation 222.115
Annexation contracts 222.118
Provision of city services to airport without requiring annexation 222.120
Procedure for annexation without election 222.125
Annexation by consent of all owners of land and majority of electors 222.127
Annexation without election notwithstanding contrary city law upon petition of all owners of land 222.130
Annexation election 222.150
Election results 222.160
Procedure when annexation is submitted to city vote 222.170
Annexation by consent before public hearing or order for election 222.173
Time limit for filing statements of consent 222.175
City to provide information on taxes and services when soliciting statements of consent 222.177
Transmittal of annexation records to Secretary of State 222.179
Exempt territory 222.180
Effective date of annexation 222.183
Notice of annexation when effective date delayed for more than one year 222.210
Authority to consolidate adjoining and nonadjoining cities or territories 222.220
Initiation of proceedings 222.225
Economic feasibility statement required 222.230
Form and contents of petition 222.240
Approval of petition 222.250
Joint convention of governing bodies 222.260
Ordinance calling election 222.265
Conduct of election 222.270
Canvass of votes 222.275
Second election on question of consolidation of certain areas or cities 222.280
Election of officers 222.290
Officers assume duties under charter 222.295
Effect of consolidation 222.300
Ordinances of previously incorporated cities continued in effect 222.310
Construction of ORS 222.210 to 222.310 222.460
Procedures for withdrawal of territory 222.465
Effective date of withdrawal from domestic water supply district, water control district or sanitary district 222.510
Annexation of entire district 222.520
Annexation of less than entire district 222.524
Procedure for withdrawal of part of district from district 222.528
Territory withdrawn from district not liable for certain obligations 222.530
Procedure for division of assets on withdrawal of part of district 222.540
Procedure for division of installations on withdrawal of part of water district 222.550
Withdrawal of greater portion of water district 222.560
Procedure for division of installations on withdrawal of part of sanitary district 222.570
Effect on metropolitan sanitary districts 222.575
Agreements for joint operation by city and district 222.580
Procedure applicable to prior annexations in which no property division was made 222.610
Surrender of city charter and merger into adjoining city 222.620
Submission of merger to electors of city surrendering charter 222.650
Submission of merger to electors of city retaining charter 222.680
Effective date of merger 222.690
Effect of merger on rights, liabilities and jurisdiction of the merged cities 222.700
Effect of merger on pending actions and proceedings 222.710
Return statements filed with county recording officer 222.750
Annexation of unincorporated territory surrounded by city 222.840
Short title 222.850
Definitions for ORS 222.840 to 222.915 222.855
Annexation to remove danger to public health 222.860
Proposal for annexation 222.870
Hearing in affected territory 222.875
Purpose and conduct of hearing 222.880
Oregon Health Authority order or finding 222.883
Stay of proceedings by Oregon Health Authority 222.885
Alternative plan by petition or resolution 222.890
Review of alternative plan 222.896
Judicial review 222.897
Study and plan for alleviation of health danger by city 222.898
Determination if health danger can be alleviated 222.900
City to adopt ordinance 222.905
Proposal or petition for annexation 222.911
Participation of director, officer or employee with interest in affected territory 222.915
Application of ORS 222.840 to 222.915 222.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 222.750’s source at oregon​.gov