City Boundary Changes

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]

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)

Chapter 222

Notes of Decisions

Provisions of this chapter do not require final decisions on small tract annexations to be made in quasi-judicial proceedings rather than by popular vote. Stewart v. City of Corvallis, 48 Or App 709, 617 P2d 921 (1980), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021