Local Improvements and Works Generally

ORS 223.935
Basis for legalization of road


A city governing body may initiate proceedings to legalize a city road within the city under ORS 223.935 (Basis for legalization of road) to 223.950 (Order under road legalization proceeding) if any of the following conditions exist:

(1)

If, through omission or defect, doubt exists as to the legal establishment or evidence of establishment of a public road.

(2)

If the location of the road cannot be accurately determined due to:

(a)

Numerous alterations of the road;

(b)

A defective survey of the road or adjacent property; or

(c)

Loss or destruction of the original survey of the road.

(3)

If the road as traveled and used for 10 years or more does not conform to the location of a road described in the city records. [1989 c.375 §1]
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