ORS 195.318
Judicial review

(1)

A person that is adversely affected by a final determination of a public entity under ORS 195.310 (Claim for compensation) to 195.314 (Notice of claim) or sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, may obtain judicial review of that determination under ORS 34.010 (Former writ of certiorari as writ of review) to 34.100 (Power of court on review), if the determination is made by Metro, a city or a county, or under ORS 183.484 (Jurisdiction for review of orders other than contested cases), if the determination is one of a state agency. Proceedings for review of a state agency determination under ORS 195.310 (Claim for compensation) to 195.314 (Notice of claim) or sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, must be commenced in the county in which the affected property is located. Upon motion of any party to the proceedings, the proceedings may be transferred to any other county with jurisdiction under ORS 183.484 (Jurisdiction for review of orders other than contested cases) in the manner provided by law for change of venue. A determination by a public entity under ORS 195.310 (Claim for compensation) to 195.314 (Notice of claim) or sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, is not a land use decision.

(2)

A person is adversely affected under subsection (1) of this section if the person:

(a)

Is an owner of the property that is the subject of the final determination; or

(b)

Is a person who timely submitted written evidence, arguments or comments to a public entity concerning the determination.

(3)

Notwithstanding subsection (1) of this section, judicial review of a final determination under ORS 195.305 (Compensation for restriction of use of real property due to land use regulation) or 195.310 (Claim for compensation) to 195.314 (Notice of claim) or sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, is:

(a)

Limited to the evidence in the record of the public entity at the time of its final determination.

(b)

Available only for issues that are raised before the public entity with sufficient specificity to afford the public entity an opportunity to respond. [2007 c.424 §16]

Source: Section 195.318 — Judicial review, https://www.­oregonlegislature.­gov/bills_laws/ors/ors195.­html.

Notes of Decisions

Person has statutory standing to challenge vesting determination by local government if person either is owner of property that is subject of vesting determination or has timely submitted written evidence, arguments, or comments to public entity concerning vesting determination. Alto v. City of Cannon Beach, 247 Or App 641, 270 P3d 392 (2012)

This section precludes review by Land Use Board of Appeals. Maguire v. Clackamas County, 250 Or App 146, 279 P3d 314 (2012)

195.020
Special district planning responsibilities 195.025
Regional coordination of planning activities 195.033
Area population forecasts 195.036
Metro area population forecast 195.040
Annual county reports on comprehensive planning compliance 195.060
Definitions 195.065
Agreements required 195.070
Agreement factors 195.075
Agreement provisions and considerations 195.080
Application of comprehensive plans and land use regulations 195.085
Compliance deadlines 195.110
School facility plan for large school districts 195.115
Reducing barriers for pedestrian and bicycle access to schools 195.120
Rules and planning goal amendments for parks required 195.125
Existing uses in state parks 195.137
Definitions for ORS 195.137 to 195.145 195.139
Legislative findings 195.141
Designation of rural reserves and urban reserves pursuant to intergovernmental agreement 195.143
Coordinated and concurrent process for designation of rural reserves and urban reserves 195.144
Designation of rural reserves and urban reserves in Washington County 195.145
Urban reserves 195.205
Annexation by provider 195.210
Election procedures 195.215
Election certification 195.220
Annexation plan provisions 195.225
Boundary commission review 195.235
Application of other annexation procedures 195.250
Definitions for ORS 195.250 to 195.260 195.253
Policy 195.256
Legislative findings 195.260
Duties of local governments, state agencies and landowners in landslide hazard areas 195.300
Definitions for ORS 195.300 to 195.336 195.301
Legislative findings 195.305
Compensation for restriction of use of real property due to land use regulation 195.308
Exception to requirement for compensation 195.310
Claim for compensation 195.312
Procedure for processing claims 195.314
Notice of claim 195.316
Notice of Measure 37 permit 195.318
Judicial review 195.320
Ombudsman 195.322
Duties of ombudsman 195.324
Effect of certain applications or petitions on right to relief 195.326
Qualification of appraisers 195.328
Acquisition date of claimant 195.330
Filing date of documents 195.332
Fair market value of property 195.334
Effect of invalidity 195.336
Compensation and Conservation Fund 195.500
Policy for removal of homeless individuals camping on public property 195.505
Elements of camp removal policies 195.510
Sites not subject to ORS 195.500 to 195.510 195.520
Camping by individuals living in vehicles 195.530
Noncamping use of public property by homeless individuals 195.850
Reporting local government boundary changes to certain mass transit districts
Green check means up to date. Up to date

Current through early 2024

§ 195.318’s source at oregon​.gov