City Boundary Changes

ORS 222.855
Annexation to remove danger to public health


In addition to the procedures authorized in ORS 222.010 (Report of city boundary changes) to 222.750 (Annexation of unincorporated territory surrounded by city), territory otherwise eligible for annexation in accordance with ORS 222.111 (Authority and procedure for annexation) which is within the urban growth boundary of a city may be annexed by passage of an ordinance as provided in ORS 222.900 (City to adopt ordinance) without any vote in such territory or any consent by the owners of land therein if it is found, as provided in ORS 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915), that a danger to public health exists because of conditions within the territory and that such conditions can be removed or alleviated by sanitary, water or other facilities ordinarily provided by incorporated cities. [1967 c.624 §2; 1973 c.637 §2; 1975 c.639 §2; 1981 c.888 §7]
§§ 222.850 to 222.915

Notes of Decisions

These provisions authorizing the state Health Division to order annexation to a city or territory within which there exist conditions dangerous to the public health do not constitute an unlawful delegation of legislative power. Kelly v. Silver, 25 Or App 441, 549 P2d 1134 (1976)

These sections apply even though an area is served by an existing sanitary district. West Side Sanitary Dist. v. Health Div., 42 Or App 755, 601 P2d 858 (1979), aff'd as modified 289 Or 417, 614 P2d 1151 (1980)

As agency actions under these sections do not involve decisions concerning land use, ORS 197.180, requiring adherence to state-wide planning goals in planning and other actions by state agencies, is inapplicable. West Side Sanitary Dist. v. Health Div., 42 Or App 755, 601 P2d 858 (1979), aff'd as modified 289 Or 417, 614 P2d 1151 (1980)

Atty. Gen. Opinions

Territory separated into two parcels as eligible for health hazard annexation, (1980) Vol 41, p 195

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