Disposition of interest earned on funds held by county treasurer
Source:
Section 294.080 — Disposition of interest earned on funds held by county treasurer, https://www.oregonlegislature.gov/bills_laws/ors/ors294.html
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Notes of Decisions
Under this section, county, in commingling federal forest revenues in county road fund with other county monies for purpose of investment, could not credit to county general fund all interest earned from commingled investments to county general fund. Lane County v. Paulus, 57 Or App 297, 644 P2d 616 (1982), Sup Ct review denied
Interest earned from investment of monies designated for particular municipal corporations must be credited to account of the particular municipal corporations. School Dist. No. 1 v. Multnomah County, 9 OTR 371 (1983)
Legislature did not intend that county have unbridled discretion to divert arbitrarily interest earned on funds that a statute specifically designates as belonging to other public bodies; trial court correctly ordered mineral lease interest distributed to plaintiff school district rather than placed in county general fund. State ex rel School Dist. 13 v. Columbia County, 66 Or App 237, 674 P2d 608 (1983), Sup Ct review denied
Dispute over whether interest on tax moneys held in county treasurer’s unsegregated account is to be credited to fund of municipal corporation comes within circuit court jurisdiction and not within tax court jurisdiction. Clackamas Co. Ed. Serv. Dist. v. Clackamas Co., 86 Or App 259, 739 P2d 587 (1987), Sup Ct review denied
Moneys in county treasurer’s unsegregated account are “designated for particular municipal corporation” as of time of deposit, and not as of time that distribution statement under ORS 311.395 is prepared. Clackamas Co. Ed. Serv. Dist. V. Clackamas Co., 86 Or App 259, 739 P2d 587 (1987), Sup Ct review denied
This section did not create vested right in defendant taxing districts to interest earned on unsegregated tax accounts and legislature had power to retroactively divert those funds. Jackson Co. v. Jackson Ed. Service Dist., 90 Or App 299, 752 P2d 1224 (1988), Sup Ct review denied
Attorney General Opinions
Constitutionality of crediting to the county general fund interest earned from investment of unsegregated money held by county treasurer, (1971) Vol 35, p 1020