ORS 548.115
Elector’s right to maintain proceedings

  • procedure
  • exclusiveness of remedy

(1)

Any qualified elector of an irrigation district or drainage district, within 30 days after the entry of any order or the performance of any act mentioned in ORS 548.105 (Authority of boards to maintain proceedings for judicial determination as to organization of district and other matters), for which a contest is by that section provided, may bring a like proceeding in the circuit court of the county where the lands embraced within such district, or the majority thereof, are situated, to determine the validity of such order or act. In such proceedings the board of directors shall be made parties defendant.

(2)

Service of summons shall be made on the members of the board personally if within the county where the district, or any part thereof is situated. As to any directors not within the county, service may be had by publication of summons for a like time, and in like manner, as is provided by ORS 548.110 (Nature of proceedings). Service shall be deemed complete within 10 days from the date of personal service, or within 10 days from the date of completion of publication, as the case may be.

(3)

The proceedings shall be tried and determined in the same manner as proceedings brought by the irrigation district or drainage district itself.

(4)

No contest of any proceeding, matter or thing provided by ORS 548.105 (Authority of boards to maintain proceedings for judicial determination as to organization of district and other matters) to be had or done by the board of directors or supervisors or by the district, or by the county court, or by any qualified elector of the district, shall be had or maintained at any time or in any matter except as provided in ORS 548.105 (Authority of boards to maintain proceedings for judicial determination as to organization of district and other matters) to 548.115 (Elector’s right to maintain proceedings). [Amended by 1999 c.452 §28]

Source: Section 548.115 — Elector’s right to maintain proceedings; procedure; exclusiveness of remedy, https://www.­oregonlegislature.­gov/bills_laws/ors/ors548.­html.

548.005
Organization of irrigation, drainage or flood control district by owners of lands subject to assessment by district improvement company or improvement district 548.010
Sale or disposal of lands 548.015
Board of directors to transfer unnecessary funds 548.050
Insurance for district employees 548.105
Authority of boards to maintain proceedings for judicial determination as to organization of district and other matters 548.110
Nature of proceedings 548.115
Elector’s right to maintain proceedings 548.120
Validation of judgments entered in proceedings by directors 548.300
Contracts for state loans 548.305
Contracts for federal loans 548.310
Validation of prior contracts and bonds 548.315
Issuance of bonds 548.320
Lien on lands 548.325
Charges or assessments 548.330
Bonds for refunding indebtedness 548.335
Consent of holders of outstanding indebtedness 548.340
Contents of petition 548.345
Notice 548.350
Hearing 548.355
Nature of proceedings 548.360
Moneys and securities 548.365
Depositary for bonds, warrants 548.370
Cancellation or compromise of assessments by districts refunding indebtedness through federal agencies 548.400
Deposit of bonds, warrants and other evidence of indebtedness of irrigation and drainage districts being reorganized 548.405
Loss of certificates or receipts issued by county treasurer for securities 548.410
Surrender of securities to claimant to whom certificate or receipt has not been issued or assigned 548.415
Surety bond 548.505
Relevy and reassessment 548.510
Judgment declaring assessments void 548.515
Manner of relevy and reassessment 548.520
Cancellation or compromise 548.705
Irrigation or drainage district may file bankruptcy petition 548.710
Bonds of district 548.715
Debt refunding agreements 548.900
Definitions for ORS 548.900 to 548.955 548.905
Petition for dissolution or reorganization 548.910
Manner of signing petition 548.915
Determining qualified petition signatures 548.920
Notice of petition filing 548.925
Special election 548.930
Vote result requirements 548.935
Circuit court proceeding on petition 548.940
Jurisdiction of parties 548.945
Written assent of Secretary of Interior required before judgment if district has federal contract 548.950
Appearance of interested parties 548.955
Contents of judgment
Green check means up to date. Up to date

Current through early 2024

§ 548.115’s source at oregon​.gov