2015 ORS 195.318¹
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]

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)

Law Review Cita­tions

46 WLR 577 (2010)


1 Legislative Counsel Committee, CHAPTER 195—Local Government Planning Coordination, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors195.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 195, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano195.­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.