ORS 261.610
Nature of proceeding

  • notice
  • appearance to contest
  • court determinations

(1)

The proceedings shall be in the nature of a proceeding in rem, and the practice and procedure therein shall follow the practice and procedure of an action not triable by right to a jury, so far as consistent with the determination sought to be obtained, except as provided in ORS 261.605 (Testing validity of certain commission and board proceedings) to 261.635 (Procedure exclusive).

(2)

The jurisdiction of the district and of electors therein shall be obtained by publication of notice directed to the district, and to the electors individually. The notice shall be served on all parties in interest by publication thereof for at least once a week for three successive weeks in some newspaper of general circulation published in the county where the proceeding is pending. Jurisdiction shall be complete within 10 days after the full publication of the notice as provided in this section.

(3)

Any person interested may at any time before the expiration of such 10 days appear and contest the validity of the proceeding, or of any of the acts or things therein enumerated.

(4)

The proceedings shall be speedily tried and judgment rendered declaring the matter so contested to be either valid or invalid.

(5)

Any order or judgment in the course of the proceeding may be made and rendered by the judge of the circuit court in vacation. For the purpose of any such order or judgment, the court shall be deemed at all times in session and the act of the judge in making such order or judgment shall be the act of the court. [Amended by 1979 c.284 §126]

Source: Section 261.610 — Nature of proceeding; notice; appearance to contest; court determinations, https://www.­oregonlegislature.­gov/bills_laws/ors/ors261.­html.

261.005
Short title 261.007
Policy 261.010
Definitions 261.025
Statutory provisions cumulative 261.030
Limit of authority to control existing utilities of electric cooperatives or cities 261.035
Effect of chapter on charter provisions of cities and acquisition of plants 261.045
Procedure in absence of specific provision 261.050
Taxation of district property 261.055
Special elections called by board 261.060
Election procedure 261.065
Application of initiative, referendum and recall laws 261.105
Powers of district 261.110
Areas includable in district 261.113
Petition or resolution for formation to propose special levy for certain purposes 261.115
Contents of electors’ petition 261.118
Withdrawal from petition 261.121
Basis of computing percentage of petition signatures 261.131
Period for county clerk to certify petition 261.141
Formation, annexation or consolidation by resolution 261.147
Resolution to remove territory not served by district 261.151
Hearing by Director of State Department of Energy on district formation 261.161
Hearing by county governing body 261.171
County governing body to call election 261.180
Effect of annexation or consolidation on title to property and indebtedness 261.190
Election of first board of directors 261.200
Proclamation of district formation or boundary change 261.210
Payment of election expenses 261.215
When district formed 261.220
Mandamus to compel performance of its duties by county governing body 261.225
State agencies and private utilities to provide new district certain information 261.235
Definitions for ORS 261.235 to 261.255 261.240
Policy 261.241
Membership in electric cooperative or limited liability corporation 261.245
Authority of district to acquire interest in power facilities 261.250
District liability 261.253
Restriction on public contract imposing unconditional or unlimited financial obligation on electric utility 261.255
Use of district money or property 261.305
General powers of district 261.310
Irrigation, drainage, other districts given power of utility district in certain cases 261.315
Acquisition of distribution facilities outside district 261.325
Acquisition of water rights 261.327
Acquisition of distribution facilities of private utility 261.330
District water right appropriation exclusive if not excessive 261.335
Districts subject to public contracting and purchasing requirements 261.345
Employment of labor 261.348
Transactions for production, supply or delivery of electricity 261.350
Agreements for use of excess district facilities 261.355
Procedure for issuance and sale of revenue bonds 261.360
Authority to issue general obligation bonds 261.365
Bond requirements 261.371
Authority to issue and sell revenue bonds 261.375
Election to authorize district bond issue 261.380
Refunding district indebtedness 261.385
Levy and collection of taxes for certain purposes 261.390
Property taxable 261.405
Board of directors 261.410
Nomination and election of directors of established districts 261.415
Vacancy in office of director 261.420
Terms of office of directors 261.425
Officers of board 261.430
Board meetings 261.445
Appointment and removal of district manager 261.460
Legislative function of board 261.465
Board supervision and regulation of district utilities 261.470
Accounting system adopted by board 261.605
Testing validity of certain commission and board proceedings 261.610
Nature of proceeding 261.615
Appeal to Court of Appeals 261.620
Guidance for court determination 261.625
Costs of proceeding 261.630
Institution of proceeding by elector 261.635
Procedure exclusive 261.705
Authority to dissolve district 261.710
Call of election 261.715
Directors as trustees 261.720
Inventory and sale of district property 261.725
Disposal of sale proceeds 261.730
Disposal of district books and records 261.900
Construction
Green check means up to date. Up to date

Current through early 2024

§ 261.610’s source at oregon​.gov