Municipal Utilities

ORS 225.480
City liability

  • application of moneys
  • use of eminent domain prohibited


(1)

In carrying out the powers granted in ORS 225.470 (Authority of city to acquire interest in power facilities), a city of this state shall be liable only for its own acts with regard to the planning, financing, construction, acquisition, operation, ownership or maintenance of common facilities. No moneys or other contributions supplied by a city of this state for the planning, financing, construction, acquisition, operation or maintenance of common facilities shall be credited or applied otherwise to the account of any other participant in the common facilities.

(2)

A city shall not exercise its power of eminent domain to acquire a then existing thermal power plant or any part thereof. [1967 c.603 §5]
§§ 225.450 to 225.490

Notes of Decisions

If cities and PUDs otherwise had authority to enter Participants' Agreement with WPPSS, enactment of Thermal Power Facilities Act did not supersede or restrict that authority, except for policy against financing another participant's share. DeFazio v. WPPSS, 296 Or 550, 679 P2d 1316 (1984)


Source

Last accessed
Jun. 26, 2021