Chapter 836

 

      836.005

(formerly 492.010)

 

      See also annotations under ORS 492.010 in permanent edition.

 

NOTES OF DECISIONS

 

      Definition of “aircraft” in this section did not control interpretation of word “aircraft” in life insurance policy. Totten v. New York Life Ins. Co., 298 Or 765, 696 P2d 1082 (1985)

 

ATTY. GEN. OPINIONS: Effect of abandonment of airport under subsection (6), (1975) Vol 37, p 665

 

      836.080

(formerly 492.160)

 

ATTY. GEN. OPINIONS: Applicability of this section to airport that was abandoned, then sought to be reactivated, (1975) Vol 37, p 665; effect of abandonment or substantial modification of airport on exemption from site approval and licensing requirements, (1979) Vol 40, p 161

 

      836.085 to 836.120

(formerly 492.170 to 492.240)

 

ATTY. GEN. OPINIONS: Effect of abandonment of airport, (1975) Vol 37, p 665

 

      836.090

(formerly 492.180)

 

ATTY. GEN. OPINIONS: Personal-use airports established more than five miles from commercial or public-use airport as exempt from site approval requirements, (1979) Vol 40, p 161

 

      836.105

(formerly 492.210)

 

ATTY. GEN. OPINIONS: Authority of the Board of Aeronautics to set prerequisites to obtaining airport licenses, (1973) Vol 36, p 578

 

      836.605

 

NOTES OF DECISIONS

 

      Definition of “airports” in this section does not limit airport boundaries to their size in 1994. Schaefer v. Marion County, 318 Or App 617, 509 P3d 718 (2022)

 

      836.608

 

NOTES OF DECISIONS

 

      Prohibitions against local government imposition of limitations on described uses existing in 1996 is prospective and does not prevent limitations in accordance with judicial decisions issued prior to August 13, 1997. Clackamas County v. Gay, 162 Or App 233, 986 P2d 588 (1999)

 

      836.612

 

NOTES OF DECISIONS

 

      Prohibition against “approval or expansion” of activity prohibited by judicial decision applies to both future and existing uses, therefore ORS 836.608 restrictions on local government action apply only to issues not adjudicated prior to August 13, 1997. Clackamas County v. Gay, 162 Or App 233, 986 P2d 588 (1999)

 

      836.625

 

NOTES OF DECISIONS

 

      Statute merely establishes timetable and process for amending comprehensive plans and land use regulations to create airport zones and does not act to immediately repeal all local government regulation of airports in exclusive farm use zones. Clackamas County v. Gay, 146 Or App 706, 934 P2d 551 (1997), Sup Ct review denied

 

      836.642

 

NOTES OF DECISIONS

 

      Legislature’s implied categorization of Aurora State Airport as “rural airport” is irrelevant to whether existing or new land uses at airport are urban or rural. Schaefer v. Oregon Aviation Board, 312 Or App 316, 495 P3d 1267 (2021), modified 313 Or App 725, 492 P3d 782 (2021), Sup Ct review denied

 

      This section does not modify procedure for expanding airport boundaries or authorize Department of Aviation to modify procedures for expanding airport boundaries. Schaefer v. Marion County, 318 Or App 617, 509 P3d 718 (2022)