2007 ORS 198.705¹
Definitions for ORS 198.705 to 198.955

As used in ORS 198.705 (Definitions for ORS 198.705 to 198.955) to 198.955 (Disposition of assets), unless the context requires otherwise:

(1) "Affected county" means each county which contains or would contain any territory for which a formation or a change of organization is proposed or ordered or which contains all or any part of a district for which a change of organization is proposed or ordered.

(2) "Affected district" means each district which contains or would contain territory for which a formation or a change of organization is proposed or ordered.

(3) "Annexation" includes the attachment or addition of territory to, or inclusion of territory in, an existing district.

(4) "Change of organization" means the annexation or withdrawal of territory to or from a district, the merger or consolidation of districts or the dissolution of a district.

(5) "Consolidation" means the uniting or joining of two or more districts into a single new successor district.

(6) "County board" means the county court or board of county commissioners of the principal county.

(7) "Dissolution" includes disincorporation, extinguishment or termination of the existence of a district and the cessation of all its corporate powers, except for the purpose of winding up the affairs of the district.

(8) "District" has the meaning given that term in ORS 198.010 ("District" defined for chapter) (2) to (4), (6) to (14), (17) to (23) and (25). In addition, "district" means any one of the following:

(a) A county road district organized under ORS 371.055 (Establishment of road districts) to 371.110 (Effect of change of district boundaries on road tax levy).

(b) A county service district organized under ORS chapter 451.

(c) The Port of Portland created by ORS 778.010 (District known as Port of Portland).

(d) A translator district organized under ORS 354.605 (Definitions for ORS 354.605 to 354.715) to 354.715 (Dissolution, liquidation and transfer proceedings).

(9) "District board" means the governing board of a district.

(10) "Formation" includes incorporation, organization or creation of a district.

(11) "Inhabited territory" means territory within which there reside 12 or more persons who have been registered to vote within the territory for at least 30 days prior to the date a proceeding is commenced under ORS 198.705 (Definitions for ORS 198.705 to 198.955) to 198.955 (Disposition of assets).

(12) "Landowner" or "owner of land" means any person shown as the owner of land on the last assessment roll. However, if the person no longer holds the title to the property, then the terms mean any person entitled to be shown as owner of land on the next assessment roll, or, when land is subject to a written agreement of sale, the terms mean any person shown in the agreement as purchaser to the exclusion of the seller. "Landowner" or "owner of land" includes any public agency owning land.

(13) "Legal representative" means:

(a) An officer of a corporation duly authorized, by the bylaws or a resolution of the board of directors of the corporation, to sign for and on behalf of the corporation; and

(b) A guardian, executor, administrator or other person holding property in a trust capacity under appointment of court, when authorized by an order of court, which order may be made without notice.

(14) "Merger" means the extinguishment, termination and cessation of the existence of one or more districts by uniting with and being absorbed into another district.

(15) "Notice" includes an ordinance, resolution, order or other similar matter providing notice which ORS 198.705 (Definitions for ORS 198.705 to 198.955) to 198.955 (Disposition of assets) authorize or require to be published, posted or mailed.

(16) "Principal Act" means the statutes which describe the powers of a district, including the statutes under which a district is proposed or is operating.

(17) "Principal county" or "county" means the county in which the district, or the greater portion of the assessed value of all taxable property in the district, as shown by the most recent assessment roll of the counties, is located at the time proceedings are initiated to form a district, but for any district formed prior to and existing on September 9, 1971, "principal county" or "county" means the county in which the district, or the greater portion of the value of all taxable property in the district, as shown by the most recent assessment roll of the counties, was located on September 9, 1971.

(18) "Proceeding" means a proceeding for formation or for change of organization conducted pursuant to ORS 198.705 (Definitions for ORS 198.705 to 198.955) to 198.955 (Disposition of assets).

(19) "Uninhabited territory" means territory within which there reside less than 12 electors who were residents within the territory 30 days prior to the date a proceeding is commenced under ORS 198.705 (Definitions for ORS 198.705 to 198.955) to 198.955 (Disposition of assets).

(20) "Withdrawal" includes the detachment, disconnection or exclusion of territory from an existing district. [1971 c.727 §1; 1981 c.804 §72; 1983 c.83 §7; 2003 c.14 §98; 2007 c.179 §6; 2007 c.562 §22c]

Atty. Gen. Opinions

"Principal Act" as controlling on contiguity require­ments, (1972) Vol 36, p 107

Atty. Gen. Opinions

Disposi­tion of district prop­erty upon dissolu­tion, (1972) Vol 35, p 1059; dissolu­tion of insolvent district, (1972) Vol 35, p 1117

Chapter 198

Atty. Gen. Opinions

When rural fire protec­tion district may levy taxes on prop­erty within a forest protec­tion district, (1972) Vol 36, p 71

1 Legislative Counsel Committee, CHAPTER 198—Special Districts Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­198.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 198, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­198ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.