2015 ORS § 12.270¹

Conclusive presumption of validity of governmental subdivision boundary proceedings one year after effective date

On September 13, 1975, any proceeding that establishes or alters the boundaries of a governmental subdivision previously or hereafter initiated and purported to be effected in accordance with applicable legal requirements shall be conclusively presumed valid for all purposes one year after the purported effective date of the action. No direct or collateral attack on the action may thereafter be commenced. This statute of limitations includes but is not limited to the following proceedings:

(1) Formations and change of organizations under ORS 198.705 (Definitions for ORS 198.705 to 198.955) to 198.955 (Disposition of assets).

(2) Boundary changes under ORS 199.410 (Policy) to 199.519 (Effective date of boundary change).

(3) Consolidations under ORS 199.705 (Definitions for ORS 199.705 to 199.795) to 199.795 (Operation and effect of proclamation).

(4) Incorporations under ORS 221.010 (Definitions for ORS 221.020 to 221.100) to 221.090 (Terms of office of first city council).

(5) Annexations under ORS 222.111 (Authority and procedure for annexation) to 222.180 (Effective date of annexation), 222.750 (Annexation of unincorporated territory surrounded by city) and 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915).

(6) Consolidations under ORS 222.210 (Authority to consolidate adjoining and nonadjoining cities or territories) to 222.310 (Construction of ORS 222.210 to 222.310).

(7) Withdrawals and transfers of territory under ORS 222.510 (Annexation of entire district) to 222.580 (Procedure applicable to prior annexations in which no property division was made).

(8) Mergers under ORS 222.610 (Surrender of city charter and merger into adjoining city) to 222.710 (Return statements filed with county recording officer).

(9) Formations and changes under ORS chapter 261.

(10) Alterations, changes, mergers and consolidations under ORS 330.080 (Composition, purpose and organization of district boundary board) to 330.123 (Division of assets and liabilities), 330.505 to 330.780 (1989 Edition) and 335.490 (Extension of union high school course of study) to 335.505 (Transformation of union high school district into common school district).

(11) Alterations, changes, mergers and consolidations under ORS chapter 333 commenced before July 1, 2003.

(12) Formations and boundary changes under ORS 341.025 (Petition for formation of district) to 341.125 (First board) and 341.565 (Boundary board) to 341.575 (Liability of annexed or merged territory).

(13) Organizations and boundary changes under ORS 545.002 (Definitions) and 545.025 (Purposes of irrigation district) to 545.043 (Qualifications of directors), 545.051 (Change of boundaries authorized) to 545.105 (Assent of bondholders), 545.109 (Recording minutes of board), 545.123 (Redivision of district), 545.126 (Liability of excluded lands for districts obligations) and 545.131 (Union or merger of districts).

(14) Formations and boundary alterations under ORS 547.005 (Authority to form drainage district) to 547.060 (Scope of Drainage District Act) and 547.250 (Changes in plan for reclamation) to 547.260 (Appointment of commissioners when plan amended).

(15) Formations and organizations under ORS chapter 551. [1975 c.326 §2; 1991 c.167 §1; 1999 c.452 §29; 2003 c.226 §20; 2005 c.209 §1]

Note: 12.270 (Conclusive presumption of validity of governmental subdivision boundary proceedings one year after effective date) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 12 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Resident of prop­erty surrounded by proposed annexa­tion is not precluded from timely raising most challenges to encircling annexa­tion. Costco Wholesale Corp. v. City of Beaverton, 206 Or App 380, 136 P3d 1219 (2006), affd 343 Or 18, 161 P3d 926 (2007)

Chapter 12

Notes of Decisions

An ac­tion for per­sonal injuries caused by breach of implied warranty is clearly one for which different limita­tion is prescribed by statute under ORS 12.010 (Time of commencing actions) and thus is not governed by pro­vi­sions of this chapter. Redfield v. Mead, Johnson & Co., 266 Or 273, 512 P2d 776 (1973)


1 Legislative Counsel Committee, CHAPTER 12—Limitations of Actions and Suits, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors012.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 12, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano012.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.