2017 ORS 199.495¹
Effective date of certain annexations
  • nonapplicability of certain health hazard annexation procedures

In a proceeding initiated as provided by ORS 199.490 (Procedure for minor boundary changes or transfers of territory) (2) and (5):

(1) If the proposed annexation is approved by the commission, the final order shall be effective at the time specified in the final order except that the effective date for an annexation initiated as provided by ORS 199.490 (Procedure for minor boundary changes or transfers of territory) (5) shall not be more than one year after the date the final order is adopted and for an annexation initiated as provided by ORS 199.490 (Procedure for minor boundary changes or transfers of territory) (2) shall not be more than 10 years after the date the final order is adopted. If no effective date is specified in the final order, the order shall take effect on the date the order is adopted. The order shall not be subject to ORS 199.505 (Effective date of minor boundary changes).

(2) ORS 222.883 (Stay of proceedings by Oregon Health Authority) to 222.896 (Judicial review), 222.900 (City to adopt ordinance) (1) and (3) and 222.915 (Application of ORS 222.840 to 222.915) do not apply to proceedings initiated by the findings of the Director of the Oregon Health Authority. [1969 c.494 §16a; 1971 c.462 §15; 1975 c.157 §1; 1975 c.639 §19; 1979 c.374 §4; 1979 c.880 §2; 1983 c.407 §11; 1991 c.637 §7; 2009 c.595 §178]

Notes of Decisions

So-called “triple majority” annexa­tions initiated pursuant to ORS 199.490 (Procedure for minor boundary changes or transfers of territory) (2) no longer depended for validity on constitu­tionality of this sec­tion where territory in dispute was annexed by other means, legislative command through sub­se­quent legisla­tion. Mid-County Future Alt. v. Metro Area LGBC, 304 Or 89, 742 P2d 47 (1987)

Notes of Decisions

The statutory scheme of authority and pro­ce­dures for com­mis­sions created by this Act, plus adherence to the prescribed pro­ce­dure as set out in the Act, release the com­mis­sions from the limita­tions placed upon local govern­mental bodies in zone-change matters in Fasano v. Washington County Comm., 264 Or 574, 507 P2d 23 (1973). Marion County Fire Dist. 1 v. Marion-Polk County Local Govt. Boundary Comm., 19 Or App 108, 526 P2d 1031 (1974), Sup Ct review denied

In Proceeding Involving Proposed Merger of Three Water Districts

1) no elec­tion was re­quired before com­mis­sion order approving merger could take effect; 2) com­mis­sion made the findings re­quired by statute; 3) com­mis­sion’s findings were supported by substantial evidence, adequate for review and sufficient to support its order; and 4) these sec­tions did not constitute invalid delega­tion of legislative power. Redland Water District v. Portland Metro. Area LGBC, 63 Or App 641, 665 P2d 1241 (1983), Sup Ct review denied

Atty. Gen. Opinions

Dissolu­tion of insolvent metropolitan service district, (1972) Vol 35, p 1117

1 Legislative Counsel Committee, CHAPTER 199—County Consolidation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors199.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 199, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano199.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.