2017 ORS 222.111¹
Authority and procedure for annexation

(1) When a proposal containing the terms of annexation is approved in the manner provided by the charter of the annexing city or by ORS 222.111 (Authority and procedure for annexation) to 222.180 (Effective date of annexation) or 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915), the boundaries of any city may be extended by the annexation of territory that is not within a city and that is contiguous to the city or separated from it only by a public right of way or a stream, bay, lake or other body of water. Such territory may lie either wholly or partially within or without the same county in which the city lies.

(2) A proposal for annexation of territory to a city may be initiated by the legislative body of the city, on its own motion, or by a petition to the legislative body of the city by owners of real property in the territory to be annexed.

(3) The proposal for annexation may provide that, during each of not more than 10 full fiscal years beginning with the first fiscal year after the annexation takes effect, the rate of taxation for city purposes on property in the annexed territory shall be at a specified ratio of the highest rate of taxation applicable that year for city purposes to other property in the city. The proposal may provide for the ratio to increase from fiscal year to fiscal year according to a schedule of increase specified in the proposal; but in no case shall the proposal provide for a rate of taxation for city purposes in the annexed territory which will exceed the highest rate of taxation applicable that year for city purposes to other property in the city. If the annexation takes place on the basis of a proposal providing for taxation at a ratio, the city may not tax property in the annexed territory at a rate other than the ratio which the proposal authorizes for that fiscal year.

(4) When the territory to be annexed includes a part less than the entire area of a district named in ORS 222.510 (Annexation of entire district), the proposal for annexation may provide that if annexation of the territory occurs the part of the district annexed into the city is withdrawn from the district as of the effective date of the annexation. However, if the affected district is a district named in ORS 222.465 (Effective date of withdrawal from domestic water supply district, water control district or sanitary district), the effective date of the withdrawal of territory shall be determined as provided in ORS 222.465 (Effective date of withdrawal from domestic water supply district, water control district or sanitary district).

(5) The legislative body of the city shall submit, except when not required under ORS 222.120 (Procedure for annexation without election), 222.170 (Annexation by consent before public hearing or order for election) and 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915) to do so, the proposal for annexation to the electors of the territory proposed for annexation and, except when permitted under ORS 222.120 (Procedure for annexation without election) or 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915) to dispense with submitting the proposal for annexation to the electors of the city, the legislative body of the city shall submit such proposal to the electors of the city. The proposal for annexation may be voted upon at a general election or at a special election to be held for that purpose.

(6) The proposal for annexation may be voted upon by the electors of the city and of the territory simultaneously or at different times not more than 12 months apart.

(7) Two or more proposals for annexation of territory may be voted upon simultaneously; however, in the city each proposal shall be stated separately on the ballot and voted on separately, and in the territory proposed for annexation no proposal for annexing other territory shall appear on the ballot. [1957 c.613 §2 (enacted in lieu of 222.110); 1959 c.415 §1; 1967 c.624 §13; 1985 c.702 §7]

Notes of Decisions

Excep­tion allowing annexa­tion of noncontiguous prop­erty separated by public right-of-way or stream is limited in extent to situa­tions where public way or stream provides minimal separa­tion between properties. Dept. of Land Conserva­tion and Develop­ment v. City of St. Helens, 138 Or App 222, 907 P2d 259 (1995)

Where city annexa­tion of oddly-shaped territory is disputed, proof that annexa­tion is reasonable must include demonstra­tion by city that disputed annexa­tion is consistent with local or state land use criteria. Morsman v. City of Madras, 191 Or App 149, 81 P3d 711 (2003)

Atty. Gen. Opinions

Inclusion within annexed territory of a highway right of way, (1976) Vol 38, p 448

Chapter 222

Notes of Decisions

Provisions of this chapter do not require final decisions on small tract annexa­tions to be made in quasi-judicial pro­ceed­ings rather than by popular vote. Stewart v. City of Corvallis, 48 Or App 709, 617 P2d 921 (1980), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 222—City Boundary Changes; Mergers; Consolidations; Withdrawals, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors222.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 222, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano222.­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.