Chapter 223
NOTES OF DECISIONS
Fact that ordinance, which charged fee to property owners taking advantage of privilege of making connection to city water system, specified that payment would be secured by liens which would be “enforced” in matter provided by this chapter did not, of itself, show that such charges were “assessments.” Montgomery Brothers v. City of Corvallis, 34 Or App 785, 580 P2d 190 (1978)
Circuit court has jurisdiction to determine merits of assessment, but cannot address whether assessment is subject to constitutional limits on property taxes. Martin v. City of Tigard, 14 OTR 517 (1999), aff’d 335 Or 444, 72 P3d 619 (2003)
State statutory procedures for financing local improvements are not exclusive and do not displace consistent local procedures. Baker v. City of Woodburn, 190 Or App 445, 79 P3d 901 (2003), Sup Ct review denied
223.005
ATTY. GEN. OPINIONS: Creation of public road by exercise of eminent domain, (1983) Vol 44, p 20
223.112 to 223.132
NOTES OF DECISIONS
Assessment ordinance is legislative decision, not quasi-judicial decision that only may be challenged by writ of review. Kozak v. City of Bend, 231 Or App 163, 217 P3d 1118 (2009)
223.205 to 223.295
ATTY. GEN. OPINIONS: Application of Bancroft Bonding Act to weatherization of private homes and apartment buildings, (1980) Vol 41, p 58; application of Ballot Measure 47 (Oregon Constitution Article XI, section 11g) to issuance of Bancroft bonds, (1996) Vol 48, p 67
223.215
NOTES OF DECISIONS
Requirement that applicant waive challenges to assessment amount in order to pay assessment over 10-year period does not conflict with definition of “local improvement” in Article XI, section 11b, Oregon Constitution. Martin v. City of Tigard, 14 OTR 517 (1999), aff’d 335 Or 444, 72 P3d 619 (2003)
223.297 to 223.314
NOTES OF DECISIONS
System development charge levied upon broad class of property on uniform assessment basis is not “taking” subject to rough proportionality analysis. Rogers Machinery, Inc. v. Washington County, 181 Or App 369, 45 P3d 966 (2002), Sup Ct review denied, cert. denied, 538 US 906 (2003)
System development charges do not effect taking in violation of section 18, Article I of Oregon Constitution. Homebuilders Assn. v. Tualatin Hills Park and Recreation District, 185 Or App 729, 62 P3d 404 (2003)
223.387 to 223.399
ATTY. GEN. OPINIONS: Application of Ballot Measure 47 (Oregon Constitution Article XI, section 11g) to issuance of bonds for specific local improvements, (1996) Vol 48, p 67
223.389
NOTES OF DECISIONS
The property owner’s allegation that the street for which it was assessed provided only an alternate circuitous access to the main street for which it already had direct access did not overcome the presumption of validity of the assessment. Western Amusement v. Springfield, 21 Or App 7, 533 P2d 825 (1975), aff’d274 Or 37, 545 P2d 592 (1976)
“Special and peculiar benefits” mentioned in this section are those that accrue to real property, not to its current owner. Kerr v. Hallett, 67 Or App 324, 677 P2d 1098 (1984), Sup Ct review denied
Assessment levied according to amount paid by assessing body to property owner for easement was invalid because levied amount was not based on benefit provided to property. Hutchinson v. City of Corvallis, 134 Or App 519, 895 P2d 797 (1995), Sup Ct review denied
223.391
NOTES OF DECISIONS
Where no notice to affected property owners had been given, ordinances attempting to establish “special district” for public parking were ineffective. Collins v. Rathbun, 43 Or App 857, 604 P2d 441 (1979), Sup Ct review denied
223.401
NOTES OF DECISIONS
Where city had adopted “Resolution to Construct” ordinance as first step toward formation of local improvement district, but had not yet determined which property to assess or given notice of proposed assessments to affected property owners, plaintiffs could not proceed by way of writ of review to challenge this resolution; overruling Lindley v. City of Klamath Falls, 8 Or App 375, 494 P2d 464 (1972) and Chrysler Corporation v. City of Beaverton, 25 Or App 361, 549 P2d 678 (1976), Sup Ct review denied. McKenney v. Lake Oswego, 30 Or App 913, 569 P2d 27 (1977), Sup Ct review denied
When defendant city had adopted resolution providing that three percent “shall be computed on and added to the cumulative assessable costs of construction, engineering, advertising and warrant interest to arrive at a total assessable amount, “ordinance did nothing that directly affected plaintiff; only subsequent assessment ordinances directly affected plaintiff, and those could be attacked by writ of review. Diversified Properties, Inc. v. City of Springfield, 86 Or App 325, 738 P2d 1010 (1987), Sup Ct review denied
223.405 to 223.485
NOTES OF DECISIONS
Where city initially formed local improvement district properly but later unilaterally acted to substantially change the character, cost and benefits of the improvement, effect was to create new local improvement district without following required procedures and city could not reassess for the improvements without forming the district properly. Heritage Square Dev. Co. v. City of Sandy, 58 Or App 485, 648 P2d 1317 (1982), Sup Ct review denied
223.420
NOTES OF DECISIONS
This section did not allow city to reassess benefited properties without opportunity to remonstrate where city improperly formed local improvement district. Heritage Square Dev. Co. v. City of Sandy, 58 Or App 485, 648 P2d 1317 (1982), Sup Ct review denied
223.510 to 223.590
LAW REVIEW CITATIONS: 52 OLR 175-189 (1973)
223.523
NOTES OF DECISIONS
Mortgagor’s lien survived foreclosure sale when city failed to notify mortgagor of proposed foreclosure sale. Director of Veterans’ Affairs v. Myers, 114 Or App 291, 835 P2d 137 (1992)
223.575
NOTES OF DECISIONS
Because city failed to give notice of proposed foreclosure sale to lienholder, lien was not included in foreclosure proceeding and purchaser took property subject to lien. Director of Veterans’ Affairs v. Myers, 114 Or App 291, 835 P2d 137 (1992)
223.805 to 223.845
ATTY. GEN. OPINIONS: Application of Ballot Measure 47 (Oregon Constitution Article XI, section 11g) to issuance of bonds for specific local improvements, (1996) Vol 48, p 67
223.851
ATTY. GEN. OPINIONS: Application of Ballot Measure 47 (Oregon Constitution Article XI, section 11g) to issuance of bonds for specific local improvements, (1996) Vol 48, p 67
223.878
ATTY. GEN. OPINIONS: Application of Ballot Measure 47 (Oregon Constitution Article XI, section 11g) to issuance of bonds for specific local improvements, (1996) Vol 48, p 67
223.880
ATTY. GEN. OPINIONS: Application of Ballot Measure 47 (Oregon Constitution Article XI, section 11g) to issuance of bonds for specific local improvements, (1996) Vol 48, p 67
223.930
NOTES OF DECISIONS
While a city may construct a street the roadway of which is along or along and partly without the municipal boundaries, it is without authority to levy assessments for part of construction costs upon benefited property outside of the city. City of Klamath Falls v. Lewis, 24 Or App 703, 546 P2d 1113 (1976)