Local Improvements and Works Generally

ORS 223.930
Streets along city boundaries or partly within and without city


(1)

Any city may construct, improve, maintain and repair any street the roadway of which, as defined in the Oregon Vehicle Code, is along or along and partly without, or partly within and partly without the boundaries of the city and may acquire, within and without the boundaries of such city, such rights of way as may be required for such street by donation or purchase or by condemnation in the same manner as provided in ORS 223.005 (Appropriation and condemnation for public use within and without city limits) to 223.105 (Proceedings to condemn property for city improvements when owner and city disagree on price), except as provided in subsection (2) of this section.

(2)

In any condemnation proceeding pursuant to subsection (1) of this section, a city shall not have any right of occupancy or possession until the condemnation judgment is paid. [1955 c.551 §1; 1985 c.16 §453]

Notes of Decisions

While a city may construct a street the roadway of which is along or along and partly without the municipal boundaries, it is without authority to levy assessments for part of construction costs upon benefited property outside of the city. City of Klamath Falls v. Lewis, 24 Or App 703, 546 P2d 1113 (1976)

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

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Jun. 26, 2021