ORS 553.270
Procedure on condemnation

  • property subject to and exempted from condemnation
The right to condemn property, given pursuant to ORS 553.090 (Nature and powers of district) (4) shall include property already devoted to public use, including state and county property, which is less necessary than the use for which it is required by the district. In the acquisition of property or rights by condemnation, the board shall proceed in the name of the district under the provisions of the laws of Oregon. However, the right of condemnation may not be exercised against the lands or water rights of an irrigation district organized under ORS chapter 545, a drainage district organized under ORS chapter 547, a diking district organized under ORS chapter 551, a water improvement district organized under ORS chapter 552, a corporation for the use and control of water organized under ORS chapter 554 or a domestic water supply district organized under ORS chapter 264, or against property of the State of Oregon used for highway purposes. [1965 c.623 §10; 1983 c.740 §217; 2021 c.97 §66]

Source: Section 553.270 — Procedure on condemnation; property subject to and exempted from condemnation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html.

Notes of Decisions

Where district fails to follow proper condemnation process, suit for inverse condemnation must have basis other than mere statutory violation. City of Keizer v. Lake Labish Water Control District, 185 Or App 425, 60 P3d 557 (2002), Sup Ct review denied

553.010
Definitions 553.020
Creation of water control districts 553.035
Application of election laws 553.070
Boundary change 553.090
Nature and powers of district 553.095
Entry upon land 553.105
Districts coterminous with 1969 districts 553.107
Effect of creation of districts under ORS 553.105 553.110
Vested water rights 553.210
Election of directors 553.220
Organization meeting 553.230
Powers and duties of board 553.240
County court as governing body 553.250
Authority to acquire and dispose of water works 553.270
Procedure on condemnation 553.280
Undertaking prior to entry as part of condemnation proceedings 553.290
Possession of land after commencement of proceedings 553.310
Creation of subdistrict 553.320
Engineering plan 553.330
Assessment for cost of works 553.340
Determination of benefits 553.350
Assessment of benefits and damages by appraisers 553.360
Hearing on report of appraisers 553.370
Reappraisal after construction of works 553.380
Reduction of benefits 553.510
Special assessments 553.520
Apportioning assessments 553.530
Disposition of funds received 553.535
Collection of charges and assessments by resolution of board 553.540
Assessments to be levied by order of board 553.550
Loans 553.560
Foreclosure of assessment 553.570
Withdrawal of land from foreclosure sale 553.580
Payment of state and county taxes by district 553.585
Claims 553.610
Assessments or taxes upon bond issue 553.615
Assessments by order of board 553.620
Ad valorem tax in lieu of assessment 553.623
Filing boundary change with county assessor and Department of Revenue 553.625
Levy and collection of tax authorized by ORS 553.620 553.630
Terms and conditions of bonds 553.635
Contract provisions for payment of government construction charges 553.640
Sale of bonds 553.643
Bond given for federal loan 553.645
Payment from annual taxes and assessments of bond-related amounts due government 553.650
Property liable for indebtedness of district 553.655
Bond elections in subdistricts 553.660
Tax or assessment as lien on property 553.665
Bond Fund 553.670
Process for issuance of bonds 553.710
Intergovernmental agreements 553.720
Manner of collecting tax 553.730
Limitation on tax levy 553.740
Issuance of warrants 553.750
Loan contracts with state or federal agencies 553.760
When land benefited by irrigation project 553.815
Judicial review of tax or assessment 553.850
Dissolution upon majority vote
Green check means up to date. Up to date

Current through early 2024

§ 553.270’s source at oregon​.gov