ORS 223.389
Procedure in making local assessments for local improvements

(1)

The governing body of a local government may prescribe by ordinance or resolution the procedure to be followed in making estimated assessments and final assessments for benefits from a local improvement upon the lots that have been benefited by all or part of the local improvement, to the extent that the charter of the local government does not prescribe the method of procedure. In addition, in any case where the charter of a local government specifies a method of procedure that does not comply or is not consistent with the requirements of the Oregon Constitution, the governing body of the local government may prescribe by ordinance or resolution the procedure that shall comply and be consistent with the requirements of the Oregon Constitution, and the provisions of the ordinance or resolution shall apply in lieu of the charter provisions.

(2)

Intentionally left blank —Ed.

(a)

The ordinance or resolution prescribing the procedure shall provide for adoption or enactment of an ordinance or resolution designating the local improvement as to which an assessment is contemplated, describing the boundaries of the district to be assessed. Provision shall be made for at least 10 days’ notice to owners of property within the proposed district in which the local improvement is contemplated. The notice may be made by posting, by newspaper publication or by mail, or by any combination of such methods. The notice shall specify the time and place where the governing body will hear and consider objections or remonstrances to the proposed local improvement by any parties aggrieved thereby.

(b)

If the governing body determines that the local improvement shall be made, when the estimated cost thereof is ascertained on the basis of the contract award or the departmental cost of the local government, the governing body shall determine whether the property benefited shall bear all or a portion of the cost. The recorder or other person designated by the governing body shall prepare the estimated assessment to the respective lots within the assessment district and file it in the appropriate office of the local government. Notice of the estimated assessment shall be mailed or personally delivered to the owner of each lot proposed to be assessed. The notice shall state the amounts of the estimated assessment proposed on that property and shall fix a date by which time objections shall be filed with the recorder. Any objection shall state the grounds for the objection. The governing body shall consider the objections and grounds and may adopt, correct, modify or revise the estimated assessments.

(c)

The governing body shall determine the amount of estimated assessment to be charged against each lot within the district, according to the special and peculiar benefits accruing to the lot from the local improvement, and shall by ordinance or resolution spread the estimated assessments. [1959 c.219 §2; 1991 c.902 §37; 2003 c.802 §28]

Source: Section 223.389 — Procedure in making local assessments for local improvements, https://www.­oregonlegislature.­gov/bills_laws/ors/ors223.­html.

Notes of Decisions

The property owner’s allegation that the street for which it was assessed provided only an alternate circuitous access to the main street for which it already had direct access did not overcome the presumption of validity of the assessment. Western Amusement v. Springfield, 21 Or App 7, 533 P2d 825 (1975), aff’d274 Or 37, 545 P2d 592 (1976)

“Special and peculiar benefits” mentioned in this section are those that accrue to real property, not to its current owner. Kerr v. Hallett, 67 Or App 324, 677 P2d 1098 (1984), Sup Ct review denied

Assessment levied according to amount paid by assessing body to property owner for easement was invalid because levied amount was not based on benefit provided to property. Hutchinson v. City of Corvallis, 134 Or App 519, 895 P2d 797 (1995), Sup Ct review denied

223.001
Definitions 223.005
Appropriation and condemnation for public use within and without city limits 223.010
Right of city to enter upon, survey, examine and select property to be appropriated or condemned 223.015
Manner of appropriation or condemnation 223.020
Scope of appropriation 223.105
Proceedings to condemn property for city improvements when owner and city disagree on price 223.112
Definitions for ORS 223.112 to 223.132 223.114
Economic improvement 223.117
Requirements of assessment ordinance 223.118
Remonstrance against assessment 223.119
Advisory committee 223.122
Effect of local improvement districts or urban renewal districts 223.124
Extension of assessment period 223.127
Application of certain assessment statutes to economic improvement districts 223.129
Expenditure of assessment revenues 223.132
Formation of economic improvement districts as additional power of cities 223.141
Definitions for ORS 223.141 to 223.161 223.144
Economic improvement district 223.147
Requirements of business license fee ordinance 223.151
Advisory committee 223.154
Extension of business licensing period 223.157
Expenditure of business license fees 223.161
Effect of local improvement districts or urban renewal districts 223.205
Scope and application 223.207
Purpose of ORS 223.208 223.208
System development and connection charges of local government subject to Bancroft Bonding Act 223.210
Right of property owners to apply for installment payment of assessment 223.212
Right of educational, religious, fraternal or charitable organizations and public corporations to bond the assessment 223.215
Contents of application to pay in installments 223.225
Record of application to be kept 223.230
Lien docket 223.235
Issuance of bonds 223.245
Budget to include bond payments 223.260
Sale of bonds 223.262
Assessment contracts 223.265
Payment of installments 223.270
Procedure for collection on default 223.275
Notice to pay 223.280
Right of owner to prepay balance and discharge lien 223.285
Separate funds kept for moneys received 223.290
Payments entered on lien docket 223.295
Limit on city indebtedness 223.297
Policy 223.299
Definitions for ORS 223.297 to 223.316 223.301
Certain system development charges and methodologies prohibited 223.302
System development charges 223.304
Determination of amount of system development charges 223.307
Authorized expenditure of system development charges 223.309
Preparation of plan for capital improvements financed by system development charges 223.311
Deposit of system development charge revenues 223.313
Applicability of ORS 223.297 to 223.316 223.314
Establishment or modification of system development charge not a land use decision 223.316
Local governments required to make system development charge information public 223.317
Apportionment of special assessment among parcels in subsequent partition of tract 223.322
Proration of unpaid installments 223.327
Procedure for equitable apportionment by ordinance or regulation 223.387
Description of real property 223.389
Procedure in making local assessments for local improvements 223.391
Notice of proposed assessment to owner of affected lot 223.393
Estimated and final assessments become liens 223.395
Deficit assessments or refunds when initial assessment based on estimated cost 223.399
Powers of local government concerning assessments for local improvements 223.401
Review of assessment 223.405
Definitions for ORS 223.405 to 223.485 223.410
Authority of governing body to make reassessment 223.415
Basis for, amount and method of reassessment 223.420
Effect of reassessment 223.425
Resolution to reassess 223.430
Publication of notice of reassessment 223.435
Personal notice to each owner 223.440
Hearing on objections 223.445
Reassessment ordinance or resolution 223.450
Lien docket entry 223.455
Right of purchaser at sale under prior assessment 223.462
Review of reassessment 223.485
When reassessment authority inapplicable 223.505
Definitions for ORS 223.505 to 223.595 223.510
Authority to sell property for delinquent liens and assessments 223.515
Preparation, transmission and contents of delinquent list 223.520
Procedure in collecting delinquencies 223.523
Notice of sale 223.525
Conduct of foreclosure sale 223.530
Title of purchaser 223.535
Record of sales 223.540
Payment of sale price 223.545
Purchase by local government in absence of bids 223.550
Certificate of sale 223.555
Lien docket entries mandatory 223.560
Unsold property reoffered 223.565
Procedure and conditions of redemption 223.570
Execution and contents of deed to purchaser 223.575
Legal and evidentiary effect of deed 223.580
Grantee of deed entitled to possession 223.585
Time limitation on actions to recover sold property 223.590
Tender of purchase price in action to recover property 223.593
Alternate redemption procedure 223.594
Lien for water service to certain real property through single water meter 223.595
Validation of prior foreclosure proceedings 223.605
Definition for ORS 223.605 to 223.650 223.610
Foreclosure of certain liens by suits in equity 223.615
Recovery of attorney fees in foreclosure proceeding 223.620
Laws applicable to foreclosure proceedings 223.625
Liens which may be included in foreclosure suit 223.630
Joinder of parties in interest as defendants 223.635
Complaint served on owner 223.640
Allegations of jurisdictional facts 223.645
Right of local government to bid at execution sale 223.650
Redemption 223.680
Local government programs to finance utilities improvements to real property 223.685
Local government programs to finance seismic rehabilitation of real property 223.705
Rebonding of unpaid assessments 223.710
Rebonding application 223.715
Payment of rebonded assessment 223.720
Amount of lien 223.725
Issuance and sale of bonds 223.730
Application of proceeds from sale of bonds 223.735
Debt limitation of local government not applicable 223.740
General provisions applicable 223.745
Scope of power granted 223.750
Enactment of rulemaking ordinances 223.755
Reinstatement of delinquent bonded assessments authorized 223.760
H.O.L.C. bonds accepted in payment of assessment liens 223.765
Bonds accepted as payment for assessment liens 223.770
Assessment of public property benefited by improvements 223.775
Assessment of property of cemetery authority benefited by certain improvements 223.805
Short title of ORS 223.805 to 223.845 223.810
Establishment of motor vehicle parking facilities 223.815
Acquisition of property for parking facilities 223.820
Planning, constructing and contracting for the operation of or leasing parking facilities 223.825
Financing of parking facilities 223.830
Service concessions in parking facilities 223.835
Fees and regulations of parking facilities 223.840
Disposing of property acquired for parking facilities 223.845
Limitation on operation of parking facilities 223.851
Special assessment for street lighting, street maintenance and street cleaning 223.856
Measure imposing assessments 223.861
Basis of assessment 223.866
Levy of assessment 223.876
Charter authority not affected 223.878
Inclusion of property outside city in city assessment for local street improvement 223.880
Public roads included in sidewalk improvement district 223.882
Acquisition of property by city to aid water commerce 223.884
Eminent domain authority within and without city limits 223.886
Loans authorized to finance improvements 223.888
Authority of city to carry out law 223.900
Leasing property to individuals 223.930
Streets along city boundaries or partly within and without city 223.935
Basis for legalization of road 223.940
Proceedings for legalization of roads 223.945
Compensation for property affected by road legalization 223.950
Order under road legalization proceeding
Green check means up to date. Up to date

Current through early 2024

§ 223.389’s source at oregon​.gov