Local Improvements and Works Generally

ORS 223.950
Order under road legalization proceeding


(1)

After considering matters presented in a proceeding to legalize a road under ORS 223.935 (Basis for legalization of road) to 223.950 (Order under road legalization proceeding), a city governing body shall determine whether legalization of the road is in the public interest and shall enter an order abandoning or completing the legalization procedures on the road.

(2)

When a city governing body legalizes a road under ORS 223.935 (Basis for legalization of road) to 223.950 (Order under road legalization proceeding), the city governing body shall cause the road to be surveyed and the centerline and right of way to be monumented by a registered professional land surveyor. The survey map and narrative for such survey shall be prepared and filed with the county surveyor in accordance with ORS 209.250 (Survey by registered land surveyor).

(3)

Courts shall receive any order filed under this section as conclusive proof that the road exists as described in the order.

(4)

Upon completion of the legalization procedures under ORS 223.935 (Basis for legalization of road) to 223.950 (Order under road legalization proceeding):

(a)

Any records showing the location of the road that conflict with the location of the road as described in the order are void; and

(b)

The road exists as shown on the order legalizing the road. [1989 c.375 §4]
_______________
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