ORS 222.915
Application of ORS 222.840 to 222.915


The provisions of ORS 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915) do not apply to proceedings to annex territory to any city if the charter or ordinances of the city conflict with or are inconsistent with ORS 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915). [1967 c.624 §12; 1971 c.673 §5]

Notes of Decisions

Where statutory procedure provided by ORS 222.850 to 222.915 was initiated by area residents, and local board of health adopted resolution requesting Health Division to investigate area conditions, this section did not deprive division of authority to order that, without vote of electorate, city would be required to annex adjacent area, based upon finding of danger to public health. Pieper v. Health Division, 288 Or 551, 606 P2d 1145 (1980)

§§ 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


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May. 15, 2020