Local Improvements and Works Generally

ORS 223.420
Effect of reassessment

  • exceptions


The reassessment when made shall become a charge upon the property upon which it is laid notwithstanding the omission, failure or neglect of any officer, body or person to comply with the provisions of the charter or law connected with or relating to the local improvement and original estimated or final assessment or any previous reassessment, and although the proceedings of the governing body or the acts of any officer, contractor or other person connected with the local improvement or assessment may have been irregular or defective, whether such irregularity or defect was jurisdictional or otherwise. The reassessment shall not be made in case of any local improvement wherein a remonstrance sufficient in law to defeat it has been duly filed prior to the making of the local improvement. [Amended by 1991 c.902 §45]

Notes of Decisions

This section did not allow city to reassess benefited properties without opportunity to remonstrate where city improperly formed local improvement district. Heritage Square Dev. Co. v. City of Sandy, 58 Or App 485, 648 P2d 1317 (1982), Sup Ct review denied

§§ 223.405 to 223.485

Notes of Decisions

Where city initially formed local improvement district properly but later unilaterally acted to substantially change the character, cost and benefits of the improvement, effect was to create new local improvement district without following required procedures and city could not reassess for the improvements without forming the district properly. Heritage Square Dev. Co. v. City of Sandy, 58 Or App 485, 648 P2d 1317 (1982), 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