ORS 273.880
Judicial review procedure


(1)

Jurisdiction for judicial review of actions of the Board of County Commissioners of Clatsop County under ORS 273.855 (Clatsop County to transfer title to lands and improvements to certain possessors) (3), (4) and (5) and 273.860 (Filing fee) to 273.880 (Judicial review procedure) is conferred on the circuit court for the county in which the land applied for is located. Proceedings for review shall be instituted by filing a petition not later than the 60th day after the date on which the findings of the county board became final. The petition shall state the nature of the petitioner’s interest, the facts showing how the petitioner is aggrieved by the county board’s decision, and the grounds on which the petitioner contends that the decision should be reversed or set aside. True copies of the petition shall be served by registered or certified mail on the county board and all other parties of record in the proceeding. No responsive pleading is required of the county board. In its discretion the court may permit other interested persons to intervene.

(2)

Not later than the 30th day after service of the petition, or within such further time as the court may allow, the county board shall transmit to the court the original or a certified copy of the entire record of the proceeding under review; however, by stipulation of all parties to the review proceeding, the record may be shortened. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record when deemed desirable.

(3)

If, before the date set for hearing, application is made to the court for leave to present additional evidence to the issues in the case, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good and substantial reasons for failure to present it in the proceeding before the county board, the court may order that the additional evidence be taken before the county board on such conditions as the court deems proper. The county board may modify its findings and decision by reason of the additional evidence and, within a time to be fixed by the court, shall file with the reviewing court, to become a part of the record, the additional evidence, together with any modifications or new findings or decision, or its certificate that it elects to stand on its original findings and decision, as the case may be.

(4)

The review shall be conducted by the court without a jury as a suit in equity and shall be confined to the record, except that, in cases of alleged irregularities in procedure before the county board, not shown in the record, testimony thereon may be taken in the court. The court, on request, shall hear oral argument and receive written briefs.

(5)

The court may adopt the county board’s findings of fact and affirm the decision of the county board; or it may reverse and set aside the county board’s decision, or reverse and remand for further proceedings, after review of all the facts disclosed by the record, and any additional facts established under subsection (4) of this section. The court thereupon shall enter a judgment. In the case of reversal the court shall make special findings of fact based on evidence in the record and conclusions of law indicating clearly all respects in which the county board’s decision is erroneous.

(6)

Any party to the proceedings before the circuit court may appeal from the judgment of that court to the Court of Appeals. Such appeal shall be taken in the manner provided by law for appeals from the circuit courts in suits in equity. [1969 c.495 §13; 1979 c.562 §10; 2003 c.576 §411]

Source: Section 273.880 — Judicial review procedure, https://www.­oregonlegislature.­gov/bills_laws/ors/ors273.­html.

273.006
Definitions
273.020
Governor as land commissioner
273.031
State Land Board
273.035
Governor is chairperson of board
273.041
Department of State Lands
273.045
Administrative policies
273.051
General powers and duties of department and board
273.055
Power to acquire and dispose of real property
273.058
Application fee for easement to construct facility on state land
273.061
Power of eminent domain
273.065
Finality of certain actions
273.071
Oaths
273.075
Deed to purchaser
273.081
Execution of documents
273.085
Recording copies of documents
273.091
Recording fees
273.095
Copies or transcripts as evidence
273.099
Property transaction instruments to be maintained with department
273.101
Common School Fund
273.105
Distributable Income Account
273.107
Legacy Unclaimed Property School Fund
273.108
Unclaimed Property School Fund
273.115
Department use of Common School Fund
273.117
Acquiring land as Common School Fund investment
273.119
Private or federal grants for studies related to coordinating state and federal permitting issues
273.121
Expenditures of funds under control of department
273.125
Refund of moneys
273.131
Compromise or release of claims
273.135
Agreements with other agencies for special services
273.141
Nature of services to be performed by certain other agencies
273.145
Department powers in exchanges, settlements and indemnifications
273.151
Cooperation with federal government
273.155
Cooperation of state and county agencies
273.161
Director of department
273.165
Oath and bond of director
273.171
Duties and authority of director
273.175
Employees of department
273.183
Authority of department to require fingerprints
273.185
Director to investigate trespasses on state lands
273.196
Agreements to provide maintenance of state lands
273.197
Agreements to provide interpretive services
273.199
Rules for agreements for interpretive services
273.225
Application for lease to take material
273.231
Removal without compliance with statute
273.235
Department’s powers to enforce statute
273.241
Action to recover damages for unlawful removal of material
273.245
Asset management plan
273.247
Disposal of isolated parcels of rangeland
273.251
Classification of state lands
273.255
Eligibility to purchase state lands
273.261
Applications generally
273.265
Application for submersible lands
273.275
Price of state lands
273.281
Payment for state lands
273.285
Certificate of sale to installment purchaser
273.290
Cancellation and forfeiture on default in payments
273.295
Assignment of certificates of sale
273.300
Issuance of deed
273.306
Execution and record of deeds
273.311
Correction of deeds
273.316
Exchanging state lands to accumulate larger tracts
273.321
Notification to lessee prior to exchange
273.326
Compromise with owners of state lands unlawfully acquired
273.331
Subdivision and disposal of other lands as condition of compromise
273.335
Object of ORS 273.340 and 273.345
273.340
Ascertainment and procurement of indemnity lands
273.345
Determination of advisability of selection of indemnity lands within national forest reserves
273.350
Selection and sale of indemnity lands
273.356
Definitions for ORS 273.356 to 273.375
273.360
Applicant to relinquish claim
273.365
When refunds not available
273.370
Alternative to refund
273.375
Acquisition by state of applicant’s interest
273.413
Disposition of unsuitable state lands
273.416
Exchange of property held as trust fund asset
273.421
Relinquishing title to United States Government or governmental body or subdivision
273.426
Exchange of property
273.431
Procedure for determining value of properties to be exchanged
273.436
Lease procedure
273.441
Agency donation of property for industrial or manufacturing use
273.447
Disposition of state lands suitable for grazing
273.452
Indemnification contract for occupancy of political subdivision lands
273.456
Lease of space above or below street or highway
273.462
Definitions
273.463
Policy
273.464
Trust lands with limited performance potential as assets of Common School Fund
273.500
Access to public access sites
273.505
Object of ORS 273.511
273.511
Acquisition of submersible and swamp lands
273.522
Definition for “forest products.”
273.523
Sale of forest products on state lands
273.525
Appraisal of forest products
273.531
Decision by department on bids
273.535
Bond or other security requirements for sale of forest products
273.541
Execution and delivery of instruments
273.551
Mining and drilling leases on state lands
273.553
South Slough National Estuarine Research Reserve
273.554
South Slough National Estuarine Research Reserve Management Commission
273.556
South Slough National Estuarine Research Reserve Management Account
273.557
Appeal to State Land Board
273.558
Penalties
273.563
Definitions for ORS 273.563 to 273.591
273.566
Legislative findings
273.573
Natural areas advisory committee
273.576
State Parks and Recreation Department duties
273.578
Plan approval
273.581
Natural areas register
273.586
Dedication of land as state natural area
273.591
Natural Areas Program Account
273.715
Rules for removal of semiprecious stones and petrified wood from state lands
273.751
State land grants to railroads
273.755
Filing maps of railroad location and depot sites
273.761
Right of way for water ditches and pipes
273.765
Liability for costs of relocation or extension of mains and outfalls
273.775
Definitions for ORS 273.775 to 273.790
273.780
Retention of mineral and geothermal resource rights by state
273.785
Application of ORS 273.551 and 273.775 to 273.790
273.787
Release and transfer of mineral or geothermal resource rights
273.790
Registry of rights under state board
273.805
Definitions for and purpose of ORS 273.805 to 273.825
273.815
Department’s powers
273.820
Exchange of lands
273.825
Purchase of lands by lessee or other person
273.850
State title to certain lands and improvements transferred to Clatsop County
273.855
Clatsop County to transfer title to lands and improvements to certain possessors
273.860
Filing fee
273.865
Application for deed
273.870
Notice of deed application
273.875
Findings of board
273.880
Judicial review procedure
273.885
State prohibited from questioning certain titles
273.890
Application of ORS 273.850 to 273.890 to certain lands
273.900
Confirmation of title to tide lands and tide flats
273.902
Confirmation of title to swamp and overflow lands
273.903
Title of certain swamp lands not to be questioned by department
273.905
Confirmation of state land deeds prior to 1891
273.910
Confirmation of title to state lands purchased before 1918
273.915
Release of claims under pre-1947 deeds reserving right of way
273.920
Validation of mineral leases executed and delivered before August 9, 1961
273.990
Criminal penalties
273.992
Civil penalties
273.994
Schedule of civil penalties
Green check means up to date. Up to date