Local Improvements and Works Generally

ORS 223.945
Compensation for property affected by road legalization


A city governing body shall provide for compensation under this section to any person who has established a structure on real property if the structure encroaches on a road that is the subject of legalization proceedings under ORS 223.935 (Basis for legalization of road) to 223.950 (Order under road legalization proceeding).


To qualify for compensation under this section, a person must file a claim for damages with the city governing body before the close of the hearing to legalize the road. The city governing body shall consider a claim for damages unless the city governing body determines that:


At the time the person acquired the structure, the person had a reasonable basis for knowing that the structure would encroach upon the road;


Upon the original location of the road, the person received damages;


The person or the person’s grantor applied for or assented to the road passing over the property; or


When making settlements on the property, the person found the road in public use and traveled.


The compensation allowed under this section shall be just compensation for the removal of the encroaching structure.


The city governing body may proceed to determine compensation and acquire the structure by any method authorized by law or by the city charter.


If a city governing body determines that removal of the encroaching structure is not practical under this section, the city governing body may acquire property to alter the road being legalized. [1989 c.375 §3]
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


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Jun. 26, 2021