Local Improvements and Works Generally

ORS 223.127
Application of certain assessment statutes to economic improvement districts


ORS 223.387 (Description of real property) and 223.391 (Notice of proposed assessment to owner of affected lot) to 223.395 (Deficit assessments or refunds when initial assessment based on estimated cost) apply to economic improvement districts created by a city in accordance with ORS 223.112 (Definitions for ORS 223.112 to 223.132) to 223.132 (Formation of economic improvement districts as additional power of cities).


The rights and duties accorded local governments and the owners of property for financing assessments under ORS 223.205 (Scope and application) and 223.210 (Right of property owners to apply for installment payment of assessment) to 223.295 (Limit on city indebtedness) apply to assessments levied upon property in an economic improvement district for financing all or part of the cost of an economic improvement. [1985 c.576 §7; 1991 c.902 §6; 2003 c.802 §3]
§§ 223.112 to 223.132

Notes of Decisions

Assessment ordinance is legislative decision, not quasi-judicial decision that only may be challenged by writ of review. Kozak v. City of Bend, 231 Or App 163, 217 P3d 1118 (2009)

Chapter 223

Notes of Decisions

Fact that ordinance, which charged fee to property owners taking advantage of privilege of making connection to city water system, specified that payment would be secured by liens which would be "enforced" in matter provided by this chapter did not, of itself, show that such charges were "assessments." Montgomery Brothers v. City of Corvallis, 34 Or App 785, 580 P2d 190 (1978)

Circuit court has jurisdiction to determine merits of assessment, but cannot address whether assessment is subject to constitutional limits on property taxes. Martin v. City of Tigard, 14 OTR 517 (1999), aff'd 335 Or 444, 72 P3d 619 (2003)

State statutory procedures for financing local improvements are not exclusive and do not displace consistent local procedures. Baker v. City of Woodburn, 190 Or App 445, 79 P3d 901 (2003), Sup Ct review denied


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Jun. 26, 2021