Local Improvements and Works Generally

ORS 223.327
Procedure for equitable apportionment by ordinance or regulation


A local government that imposes final assessments shall adopt an ordinance or other regulations establishing procedures for the equitable apportionment of final assessments under ORS 223.317 (Apportionment of special assessment among parcels in subsequent partition of tract) to 223.327 (Procedure for equitable apportionment by ordinance or regulation). The ordinance or regulations shall authorize the local government to establish fees reasonably calculated to reimburse it for its actual costs in apportioning final assessments under ORS 223.317 (Apportionment of special assessment among parcels in subsequent partition of tract) to 223.327 (Procedure for equitable apportionment by ordinance or regulation). The provisions of ORS 223.317 (Apportionment of special assessment among parcels in subsequent partition of tract) to 223.327 (Procedure for equitable apportionment by ordinance or regulation) relating to apportionment of final assessments shall apply to estimated assessments with respect to any tract or parcel divided into smaller parcels prior to the levy of the final assessment. [Formerly 308.150; 1991 c.902 §35; 2003 c.802 §27]
Note: See note under 223.317 (Apportionment of special assessment among parcels in subsequent partition of tract).
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