2017 ORS 199.512¹
Commission proceedings for district formation or annexation to relieve public health danger

(1) The findings of the Director of the Oregon Health Authority filed with a boundary commission in accordance with ORS 431.740 (Notice to boundary commission) or 431.750 (Commission review of alternative plan) shall be considered a petition for the purposes of ORS 199.410 (Policy) to 199.534 (Legislative annexation of territory to cities and districts). When the findings of the director are filed with a commission, it shall proceed in accordance with the findings and with ORS 199.410 (Policy) to 199.534 (Legislative annexation of territory to cities and districts), but the commission shall not inquire into the need for the proposed facilities or adjust the boundaries of the affected territory.

(2) In proceedings described by subsection (1) of this section, the boundary commission shall determine whether the affected territory shall be included in a new city, new metropolitan service district or new county service district or annexed to an existing district. The final order of the commission shall conclude the proceedings for all purposes; and the formation or annexation approved and ordered by the commission shall take effect 45 days after the date the commission adopts the final order in the proceeding. [1973 c.361 §16; 1989 c.92 §25; 2009 c.595 §179]

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.