Local Improvements and Works Generally

ORS 223.297
Policy


The purpose of ORS 223.297 (Policy) to 223.314 (Establishment or modification of system development charge not a land use decision) is to provide a uniform framework for the imposition of system development charges by local governments, to provide equitable funding for orderly growth and development in Oregon’s communities and to establish that the charges may be used only for capital improvements. [1989 c.449 §1; 1991 c.902 §25; 2003 c.765 §1; 2003 c.802 §17]
Note: 223.297 (Policy) to 223.314 (Establishment or modification of system development charge not a land use decision) were added to and made a part of 223.205 (Scope and application) to 223.295 (Limit on city indebtedness) by legislative action, but were not added to and made a part of the Bancroft Bonding Act. See section 10, chapter 449, Oregon Laws 1989.
§§ 223.297 to 223.314

Notes of Decisions

System development charge levied upon broad class of property on uniform assessment basis is not "taking" subject to rough proportionality analysis. Rogers Machinery, Inc. v. Washington County, 181 Or App 369, 45 P3d 966 (2002), Sup Ct review denied, cert. denied, 538 US 906 (2003)

System development charges do not effect taking in violation of section 18, Article I of Oregon Constitution. Homebuilders Assn. v. Tualatin Hills Park and Recreation District, 185 Or App 729, 62 P3d 404 (2003)

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


Source

Last accessed
Jun. 26, 2021