Local Improvements and Works Generally

ORS 223.440
Hearing on objections

  • revision of reassessment


At the time and place appointed in the notice the governing body shall hear and determine all objections filed under ORS 223.435 (Personal notice to each owner). The governing body may adjourn the hearing from time to time, and correct, modify or revise the proposed reassessment or set it aside and order the making of a new proposed reassessment. However, if the proposed reassessment is corrected or revised so as to increase the amount proposed to be charged against any property, such reassessment shall not be made until after a new notice has been given as stated in ORS 223.435 (Personal notice to each owner) to the owners of property against which the amount of assessment is proposed to be thus increased. The publication of the notice may be for not less than two successive insertions in a newspaper as provided in ORS 223.430 (Publication of notice of reassessment), and the time when action may be taken thereon may be not less than five days after the date of last insertion. If the proposed reassessment is set aside and a new apportionment ordered, notice shall be given of the new apportionment in the manner stated in ORS 223.430 (Publication of notice of reassessment) and 223.435 (Personal notice to each owner) and action taken thereon as provided in ORS 223.435 (Personal notice to each owner) and 223.440 (Hearing on objections). [Amended by 1991 c.902 §49]
§§ 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