ORS 553.350
Assessment of benefits and damages by appraisers

  • benefits less than costs
  • recommendation to amend engineering plan
  • final report and certificate

(1)

The appraisers shall assess the amount of benefits and the amount of damages, if any, that will accrue to each tract of land which they are directed by the board of directors to appraise, and shall determine the value of any lands to be acquired and used for rights of way and other purposes by the subdistrict. The appraisers shall determine the benefits to the lands themselves and to any buildings and other structures erected on such lands. The appraisers shall take into consideration the agricultural or other uses of such lands, the increase in value thereof upon the completion of the proposed works, and the increased income which will be derived from the lands upon the construction of the works. In making their appraisal, the appraisers shall give due consideration and credit to any works that have already been constructed and which benefit any tract of land they are appraising. The appraisers shall have no power to change the engineering plan.

(2)

Whenever it appears to the appraisers that the benefits to all the lands within the subdistrict will be less in value than the cost of the proposed works, the appraisers shall file a preliminary report of their work with the board of directors and recommend to the board that the engineering plan be amended so that the proposed works can be constructed at a cost less than the benefits to be derived therefrom. If the board obtains an amended engineering plan, the appraisers shall proceed with their work.

(3)

Upon completing their work, the appraisers shall file a final report with the court and certify that the appraisal has been completed and that there is nothing further for them to do in regard to the matter.

Source: Section 553.350 — Assessment of benefits and damages by appraisers; benefits less than costs; recommendation to amend engineering plan; final report and certificate, https://www.­oregonlegislature.­gov/bills_laws/ors/ors553.­html.

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

§ 553.350’s source at oregon​.gov