ORS 547.250
Changes in plan for reclamation

  • petition for amendment of plan
  • notice

The board of supervisors shall have power to make any change in the plan for reclamation by action of the board until such time as the commissioners have filed their report. After that all changes shall be made as follows:

(1)

The board of supervisors, for and in behalf of the district, or the owners of land adjacent to the district, may file a petition in the office of the clerk of the court which organized the district, praying the court to amend its former judgment incorporating the district, by correcting the names of landowners, by striking out any such names, by adding, striking out or correcting the descriptions of any lands within or alleged to be within the boundary lines of the district, or in any other manner.

(2)

The petition may ask permission of the court to amend or change the plan for reclamation or to correct any errors, omissions or other mistakes that have been discovered in the plan or may ask that the boundary lines of the district be extended so as to include lands not described by and included in the petition and judgment of the court incorporating the district. However, in no case shall any lands be included in the district other than the lands described in the original petition for the creation of the district and in the judgment of the court incorporating it, unless the persons shown by the records of the county to be the owners of not less than 60 percent of the acreage sought to be brought within the boundary lines of the district and not described in and included in the original petition and judgment of the court incorporating such district, shall first sign and file with the court a petition therefor.

(3)

If the petition asks that the lines of the district be in any manner changed, it shall also ask the court to appoint three commissioners, as provided for under ORS 547.215 (Commissioners), to appraise the land that shall be taken for rights of way, holding basins, or other works, or assess the benefits and damages to any lands, public highways, railroad and other property already in the district, or that may be annexed to the district by the proposed amendments and changes to the plan for reclamation or the proposed change in the boundary lines. As soon as the petition is filed the clerk of the court shall give notice in the manner and for the time provided for in ORS 547.020 (Fixing time and place of hearing), the notice to be substantially in the following form:

Notice of Drainage Hearing.
To the owners and all persons interested in the lands corporate and other property in and adjacent to _____ Drainage District:
You are notified that (here state by whom petition was filed) has filed in the office of the county clerk of _____ County, _____, a petition praying the county court for permission to (here insert the prayer of the petition), and unless you show cause to the contrary on or before the first day of the next term of the _____ County Court to be held on the ___ day of _____, 2___, the prayer of the petition may be granted.
____________
County Clerk of _____ County.

[Amended by 2003 c.576 §511]

Source: Section 547.250 — Changes in plan for reclamation; petition for amendment of plan; notice, https://www.­oregonlegislature.­gov/bills_laws/ors/ors547.­html.

547.005
Authority to form drainage district
547.010
Petition to form district
547.015
Verification and filing of petition
547.020
Fixing time and place of hearing
547.025
Filing of objections
547.030
Evidence at hearing
547.040
Application of Act of 1915 and amendments to districts organized under earlier laws
547.045
Public lands within district
547.050
Signing of petition by Governor
547.055
Attack on validity or boundaries of district
547.057
Drainage district activity as urban service
547.060
Scope of Drainage District Act
547.063
Definitions
547.065
Public hearing required
547.067
Powers of drainage district
547.069
Formation of drainage district by owners of certain lands permitted
547.071
Powers of drainage district officers and employees
547.073
Powers of board of supervisors
547.075
Contracts with federal government permitted
547.077
Powers of boards of supervisors west of the Cascade Mountains
547.079
Clogged or obstructed conditions
547.081
Repair of clogged or obstructed condition
547.083
Owner or occupant liable for repair expense
547.105
Election of supervisors
547.110
Annual meeting
547.112
Change in number of supervisors
547.115
Supervisor’s oath of office
547.120
Board of supervisors
547.125
Secretary as treasurer
547.130
Record of meetings, proceedings, certificates, bonds, acts
547.135
Removal of employees
547.140
Uniform charge to pay expenses of organizing district, surveys, assessing benefits and damages
547.150
Payment of claims
547.205
Appointment of engineer
547.210
Engineer’s report
547.215
Commissioners
547.220
Notice of appointment of commissioners
547.225
Assessment of benefits and damages by commissioners
547.230
Notice of report of commissioners
547.235
Exceptions to report or assessment
547.240
Dissolution of district if cost exceeds benefits
547.245
Reassessment of benefits
547.250
Changes in plan for reclamation
547.255
Objections to petition
547.260
Appointment of commissioners when plan amended
547.265
Amendment of plan where works or charge insufficient
547.305
Entry on land
547.310
Board authority regarding reclamation works
547.315
Connecting existing improvements
547.320
Powers of districts regarding irrigation works
547.325
Powers of districts under 1,000 acres regarding domestic water supply
547.355
Contracts with United States for reclamation by drainage or irrigation authorized
547.360
Payment of amounts due
547.405
Districts west of Cascades
547.410
Maintaining improvements
547.415
Failure of owner or occupant to act
547.420
Liability for cost of work
547.425
Prohibited practices
547.430
Civil liability for expense of removal of filth or obstruction
547.455
Annual charge or assessment
547.460
County, city and town lands subject to taxation, assessment or charges
547.465
Assessment or charge of low lands used for growing crops
547.470
Extra assessment or charge for lake drainage
547.475
List of assessments and apportionments
547.480
Collection of tax
547.482
Filing boundary change with county assessor and Department of Revenue
547.485
Governing body of county to make assessment and levy upon failure of supervisors to do so
547.490
Waiver of penalty or interest by certain districts
547.492
Alternative charge or assessment method
547.495
Crops bound by lien
547.500
Notice or claim of crop lien
547.505
Recording of crop lien claim by clerk
547.510
Form of crop lien claim
547.515
Removal of crops to another county
547.555
Bonds
547.560
Sale of bonds
547.565
Payment of bonds from assessments
547.570
Bond proceeds
547.575
Bond fund account
547.580
Retirement of bonds before maturity
547.605
Funding and refunding of debt
547.610
Sale or exchange of bonds
547.615
Tax for payment of interest and principal
547.620
Retirement of outstanding bonds
547.655
Authority to adopt alternative procedure
547.660
Exchange of refunding bonds for outstanding indebtedness
547.665
Numbering
547.670
Offer by holders of indebtedness to surrender evidences thereof or accept proportional payment
547.675
Lien on land assessed for bond payment
547.680
Emergency fund
547.685
Retirement of bonds before maturity
547.690
Judicial confirmation
547.695
Sale of lands for delinquent charges
547.697
Bond fund separate from district general fund
547.755
Part of district annexed to city to be withdrawn from district only by consent of voters
547.990
Penalties
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