Chapter 457

 

      Chapter 457

 

NOTES OF DECISIONS

 

      Provisions of this chapter creating urban renewal agencies, and provisions of Housing Authorities Law, ORS 456.055 to 456.235, are parallel statutory schemes, and thus identical provisions in the two acts will be given same effect. Housing Authority of Lane County v. Board of Commissioners, 35 Or App 785, 582 P2d 844 (1978), Sup Ct review denied

 

ATTY. GEN. OPINIONS: Authority of urban renewal agency in selection of projects and delineation of project boundaries, (1977) Vol 38, p 1062

 

      457.035

 

      See also annotations under ORS 457.130 in permanent edition.

 

ATTY. GEN. OPINIONS: City council designating itself urban renewal agency, (1974) Vol 36, p 1005; financial activities excluded from Local Budget Law, (1977) Vol 38, p 1062

 

      457.045

 

      See also annotations under ORS 457.140 in permanent edition.

 

ATTY. GEN. OPINIONS: City council designating itself urban renewal agency, (1974) Vol 36, p 1005; financial activities excluded from Local Budget Law, (1977) Vol 38, p 1062

 

      457.055

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 457.145)

 

      This section is applicable to counties as well as cities. Housing Authority of Lane County v. Board of Commissioners, 35 Or App 785, 582 P2d 844 (1978), Sup Ct review denied

 

      County governing body was authorized to reassign urban renewal functions to itself, regardless of whether those functions were initially retained by governing body or were initially delegated to separate county board. Housing Authority of Lane County v. Board of Commissioners, 35 Or App 785, 582 P2d 884 (1978), Sup Ct review denied

 

      457.095

 

NOTES OF DECISIONS

 

      Even if territory of urban renewal plan is all located entirely within city’s corporate limits, this section requires approval of plan or substantial plan amendment by governing body of county in which territory is located, as well as approval of governing body of city. Dennehy v. City of Portland, 87 Or App 33, 740 P2d 806 (1987)

 

      Where proposed amendment of city’s urban renewal plan affected particular property in single ownership, city’s decision to approve amendment was quasi-judicial rather than legislative, even though underlying proposal was not “bound to result in a decision,” if a decision was made and decision involved application of preexisting criteria to concrete facts and affected a closely circumscribed factual situation and a small number of individuals. Estate of Gold v. City of Portland, 87 Or App 45, 740 P2d 812 (1987), Sup Ct review denied

 

      457.105

 

NOTES OF DECISIONS

 

      Even if territory of urban renewal plan is all located entirely within city’s corporate limits, this section requires approval of plan or substantial plan amendment by governing body of county in which territory is located, as well as approval of governing body of city. Dennehy v. City of Portland, 87 Or App 33, 740 P2d 806 (1987)

 

      457.145

 

NOTE: Repealed October 3, 1979; ORS 457.055 enacted in lieu

 

      See annotations under ORS 457.055.

 

      457.230

 

NOTES OF DECISIONS

 

      Where city contracted to build public improvements on land adjacent to that sold to private developer, this section did not require the price of these improvements to be added to fair reuse value. Thunderbird Motel v. City of Portland, 40 Or App 697, 596 P2d 994 (1979), Sup Ct review denied

 

ATTY. GEN. OPINIONS: Urban renewal financing by taxes, (1974) Vol 36, p 1005; use of monies in special fund, (1977) Vol 38, p 1062

 

      457.420 to 457.450

 

NOTES OF DECISIONS

 

      Tax increment financing procedure did not violate Article XI, section 11 of Oregon Constitution which prohibits taxing unit’s use of power of levy to raise more revenue than its tax base. Dennehy v. Dept. of Rev., 305 Or 595, 756 P2d 13 (1988)

 

ATTY. GEN. OPINIONS: Urban renewal financing by taxes, (1974) Vol 36, p 1005; withdrawal of funds by county assessor from urban renewal agency, (1977) Vol 38, p 1062; expected effect of Ballot Measure 47 (Oregon Constitution Article XI, section 11g) on investment bonds, (1996) Vol 48, p 67

 

LAW REVIEW CITATIONS: 61 OLR 123 (1982)