ORS 549.510
Repair of dikes protecting contiguous tracts of different owners

  • refusal of one owner to repair
  • reconstruction by other
  • recovery of expense
Whenever two or more contiguous tracts of land, not in a diking district, the property of separate owners, have been protected by a common dike or by separate dikes so constructed as to afford a common benefit to the lands affected thereby, or upon which the dike has been constructed, and any portion of the dike has become broken or destroyed or in such condition of repair that the lands intended to be benefited and protected by the dike are being injured by reason of its broken, destroyed or other bad condition, and the owner of the land upon which the broken or destroyed dike is located refuses to rebuild, repair, reconstruct or otherwise improve the same so as to afford the proper protection and benefit to the land, the owners of the other contiguous tracts may attempt to agree with the owner of the land upon which the dike in question is located, with reference to its repair, reconstruction or rebuilding. If the owner refuses to rebuild, reconstruct or repair the dike, the owners of the other contiguous tracts of land affected by the dike and upon whose land the dikes are in a good condition of repair, may reconstruct, rebuild or repair the broken or destroyed dike and shall be entitled, by action in any court having jurisdiction, to recover from the delinquent owner the reasonable value of the material furnished and labor used in rebuilding, reconstructing or repairing the same, together with the cost and disbursements of such action. The action shall be prosecuted in the name of the owners and against the delinquent party. Any party to the action is entitled to a jury trial.

Source: Section 549.510 — Repair of dikes protecting contiguous tracts of different owners; refusal of one owner to repair; reconstruction by other; recovery of expense, https://www.­oregonlegislature.­gov/bills_laws/ors/ors549.­html.

549.010
Definitions for ORS 549.020 and 549.030 549.020
Contracts between counties and federal agencies 549.030
Agreement by two or more counties with federal agency 549.110
Application to county court for authority to build drainage ditch or levee, or to widen or straighten a stream 549.120
Procedure 549.130
Commissioner’s oath 549.140
Duties of commissioners 549.150
Considering benefits in assessing damages 549.160
Report of commissioners to county court 549.170
Appeal to circuit court from assessment of damages 549.180
Bringing additional water into ditch without payment of compensation prohibited 549.190
Other rights protected 549.310
Application of ORS 549.320 to 549.400 549.320
Petition by landowners to drain lands or improve drains 549.330
Survey of work 549.340
Construction 549.350
Report as to work done 549.360
Extension of work across or under highway or railroad 549.370
Maintenance of work 549.380
Acquisition of property necessary to improvement 549.390
Appeal from order authorizing work or assessing damages 549.400
Obstruction, befoulment or pollution of ditch prohibited 549.510
Repair of dikes protecting contiguous tracts of different owners 549.520
Complaint to county judge of neglect to repair 549.530
Entry on land by complainant to repair dike 549.540
Dikes constructed under agreement excepted 549.605
Definitions for ORS 549.605 to 549.645 549.610
Water Resources Commission to participate on behalf of state in federal flood control projects 549.615
Entering upon land 549.620
Acquisition of property 549.625
Powers of commission with respect to acquired property 549.630
Operation and maintenance of projects 549.635
Agreements for joint participation or aid 549.640
Disposition of moneys received by commission 549.645
Waiver of state’s immunity to suit or action 549.710
Powers of counties with populations in excess of 50,000 549.720
Procedure for removing or destroying drifts and drifting materials 549.730
Budgeting and appropriating money for water conservation and flood control 549.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 549.510’s source at oregon​.gov