Local Improvements and Works Generally

ORS 223.313
Applicability of ORS 223.297 to 223.314


(1)

ORS 223.297 (Policy) to 223.314 (Establishment or modification of system development charge not a land use decision) shall apply only to system development charges in effect on or after July 1, 1991.

(2)

The provisions of ORS 223.297 (Policy) to 223.314 (Establishment or modification of system development charge not a land use decision) shall not be applicable if they are construed to impair bond obligations for which system development charges have been pledged or to impair the ability of local governments to issue new bonds or other financing as provided by law for improvements allowed under ORS 223.297 (Policy) to 223.314 (Establishment or modification of system development charge not a land use decision). [1989 c.449 §8; 1991 c.902 §32; 2003 c.802 §25]
Note: See note under 223.297 (Policy).
§§ 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