ORS 198.870
Petition for withdrawal of property from district


Mentioned in

Southern Oregon county allows residents to opt out of paying library tax

OPB, December 7, 2023

“On Wednesday, the Josephine County Board of Commissioners approved a petition allowing two residents to opt out of the local library tax district, creating fears of setting a precedent for other taxes.”
 
Bibliographic info

(1)

Intentionally left blank —Ed.

(a)

When a plan for district improvements is adopted, or any time more than two years after the date of formation of a district or after the date of annexation of territory to a district if petitioner’s property is located within the territory annexed, an owner of land included in a district may petition the county board for withdrawal of the property of the owner from the district.

(b)

If the electors of an area within a district wish to withdraw from the district, they may file a petition with the county board.

(2)

Petitioners shall cause notice of the petition filing to be given in writing to the district secretary. Within five days after the petition is filed, petitioners shall furnish the secretary with a copy of the petition as filed.

(3)

Except as provided by ORS 198.875 (Election on withdrawal petition), ORS 198.800 (Formation petition) to 198.820 (Order by county board) apply to proceedings for withdrawal and to the rights, powers and duties of the petitioners and other persons having an interest in the proceeding.

(4)

The county board may approve the petition as presented or it may adjust the boundaries and approve the petition. The petition shall be approved if it has not been, or is not or would not be, feasible for the territory described in the petition to receive service from the district. The petition shall be denied if it appears that it is, or would be, feasible for the territory described in the petition to receive service from the district. [1971 c.727 §39]

Source: Section 198.870 — Petition for withdrawal of property from district, https://www.­oregonlegislature.­gov/bills_laws/ors/ors198.­html.

Attorney General Opinions

Finality of board denial of petition, (1972) Vol 36, p 107

198.010
“District” defined for chapter
198.115
Barring district employees from membership on governing board
198.180
“District” defined for ORS 198.190
198.190
Compensation and expenses of governing body members
198.210
“District” defined for ORS 198.220
198.220
Bond or letter of credit for member of district governing body
198.310
“District” defined for ORS 198.320
198.320
Filling of vacancies on governing bodies of certain districts
198.335
Definitions for ORS 198.335 to 198.365
198.340
Designation of registered office and agent
198.345
Effect of failure to file certain reports
198.350
Financial statement
198.355
Hearing on dissolution
198.360
Continuation or termination of district
198.365
County board as trustees for inactive district
198.410
Definition for ORS 198.425 and 198.430
198.425
Recall of district officers generally
198.430
Recall of officers of districts other than districts defined in ORS 255.012
198.440
Statement of justification from affected officer
198.510
Definitions for ORS 198.510 to 198.600
198.530
Procedure for adopting, amending or repealing ordinances or regulations
198.540
Notice prior to adoption of ordinance affecting regulation
198.550
Publication of ordinance
198.560
Filing of ordinance
198.570
When ordinances take effect
198.590
Petition to adopt, amend or repeal ordinance
198.600
Penalty for violation of regulations
198.605
Local service districts
198.608
Unfunded PERS liability or surplus upon split, consolidation or merger of districts
198.611
Power of district to contract for purchase or lease of real or personal property
198.705
Definitions for ORS 198.705 to 198.955
198.715
Short title
198.720
Boundaries
198.725
Procedure when two counties affected
198.727
Merger or consolidation
198.730
Notice
198.735
Right of interested person to appear
198.740
Election procedure governed by law under which district operates
198.745
Content of resolution calling election
198.747
Effective date of boundary change
198.748
Prospective petition for formation
198.749
Economic feasibility statement for district formation
198.750
Content of petition proposing formation or change of organization
198.755
Number of signatures required
198.760
Requirements for signers of petition
198.765
Requirements for filing petition
198.770
Method of determining validity of landowner signatures
198.775
Security deposit to accompany petition
198.780
Filing of duplicates of certain documents
198.782
Documents to be filed with Secretary of State before business transacted
198.785
Proceeding to contest validity of formation or change of organization
198.790
Rights of creditors after change of organization
198.792
District formation or annexation proceedings to relieve public health danger
198.793
Change of district name
198.794
Effect of district name change
198.795
Jurisdiction over district formation
198.800
Formation petition
198.805
Conduct of hearing
198.810
Order for formation
198.813
Formation of county service district for water management services in Washington County
198.815
Election on formation
198.820
Order by county board
198.825
Election of first members of board when no formation election required
198.830
Petition for formation by all landowners in proposed district
198.835
Order for formation of district in single county
198.840
Notice of hearing
198.845
Costs
198.850
Annexation petition or resolution
198.855
Annexation election
198.857
Annexation without election by petition of landowner
198.860
Effect of annexation order
198.866
Annexation of city to district
198.867
Approval of annexation to district by electors of city and district
198.869
Annexation contract
198.870
Petition for withdrawal of property from district
198.875
Election on withdrawal petition
198.880
Effect on withdrawn area
198.882
Tax relief to withdrawn area
198.885
Merger of districts
198.890
Consolidation of districts
198.895
Initiation of merger and consolidation
198.900
Content of petition for annexation, merger or consolidation
198.902
Application of district petition requirements to cities
198.903
Joint assembly of governing bodies of affected districts or cities
198.905
Certification of election results
198.910
Joint meeting of governing bodies of merged or consolidated districts and cities
198.912
Apportionment of board members for certain surviving or successor districts
198.915
Election of board members at regular district election
198.920
Dissolution procedure
198.925
Findings of fact by district board
198.927
Annexation of dissolved district
198.930
Plan for dissolution and liquidation
198.935
Election on dissolution
198.940
Dissolution without election
198.945
Trustees for dissolved district
198.950
Power of trustees to convey assets
198.955
Disposition of assets
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