2017 ORS 222.210¹
Authority to consolidate adjoining and nonadjoining cities or territories
  • additional method of annexation
  • limitation

(1) An incorporated city may be created from adjoining or nonadjoining incorporated cities, from an incorporated city and adjoining or nonadjoining unincorporated territory, or from both, after proceedings had as required by ORS 222.210 (Authority to consolidate adjoining and nonadjoining cities or territories) to 222.310 (Construction of ORS 222.210 to 222.310). The legislature expressly declares that those sections do not repeal or amend any other law or laws providing for the incorporation of cities, and that those sections are enacted for the purpose of providing an additional procedure for the incorporation of cities. The unincorporated territory may consist of contiguous or noncontiguous areas.

(2) Notwithstanding any other provision of ORS 222.210 (Authority to consolidate adjoining and nonadjoining cities or territories) to 222.310 (Construction of ORS 222.210 to 222.310), no city shall be created under ORS 222.210 (Authority to consolidate adjoining and nonadjoining cities or territories) to 222.310 (Construction of ORS 222.210 to 222.310) that contains any noncontiguous area which is separated from the rest of the territory of the city by a distance that is nowhere less than or equal to three miles. If a petition filed under ORS 222.230 (Form and contents of petition) (2) proposes creation of a city containing noncontiguous areas separated by a distance of more than three miles, the affected city governing bodies shall so declare at the joint convention held under ORS 222.230 (Form and contents of petition) (4) and shall cancel any further proceedings related to the petition. If a consolidated city with such noncontiguous areas results from an election called under ORS 222.250 (Joint convention of governing bodies) or 222.275 (Second election on question of consolidation of certain areas or cities), the consolidated city shall consist only of the most populous city included in the consolidated city and those cities or unincorporated areas in which the majority of votes cast favored creation of the consolidated city and which lie not more than three miles from the contiguous area composed of the most populous city and any other city or unincorporated area in which the majority of votes cast favored creation of the consolidated city. [Amended by 1971 c.761 §1; 1983 c.350 §37; 1985 c.702 §22; 1989 c.92 §38; 1997 c.541 §390]

Notes of Decisions

These sec­tions require that at least two cities participate in initiating consolida­tion and peti­tion by filing city for consolida­tion of new city to consist of filing city and unincorporated territory was legally insufficient. Mid-County Future Alt. v. Port. Metro. Area LGBC, 300 Or 14, 706 P2d 924 (1985)

Law Review Cita­tions

50 WLR 619 (2014)

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.