Local Improvements and Works Generally

ORS 223.401
Review of assessment


Notwithstanding any of the provisions of ORS 223.387 (Description of real property) to 223.399 (Powers of local government concerning assessments for local improvements), owners of any property against which an assessment for local improvements has been imposed may seek a review of the assessment under the provisions of ORS 34.010 (Former writ of certiorari as writ of review) to 34.100 (Power of court on review). [1965 c.133 §2; 2017 c.17 §20]

Notes of Decisions

Where city had adopted "Resolution to Construct" ordinance as first step toward formation of local improvement district, but had not yet determined which property to assess or given notice of proposed assessments to affected property owners, plaintiffs could not proceed by way of writ of review to challenge this resolution; overruling Lindley v. City of Klamath Falls, 8 Or App 375, 494 P2d 464 (1972) and Chrysler Corporation v. City of Beaverton, 25 Or App 361, 549 P2d 678 (1976), Sup Ct review denied. McKenney v. Lake Oswego, 30 Or App 913, 569 P2d 27 (1977), Sup Ct review denied

When defendant city had adopted resolution providing that three percent "shall be computed on and added to the cumulative assessable costs of construction, engineering, advertising and warrant interest to arrive at a total assessable amount, "ordinance did nothing that directly affected plaintiff; only subsequent assessment ordinances directly affected plaintiff, and those could be attacked by writ of review. Diversified Properties, Inc. v. City of Springfield, 86 Or App 325, 738 P2d 1010 (1987), Sup Ct review denied

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