2017 ORS 261.250¹
District liability
  • application of moneys
  • use of power of eminent domain

(1) In carrying out the powers granted in ORS 261.241 (Membership in electric cooperative or limited liability corporation) and 261.245 (Authority of district to acquire interest in power facilities), a district of this state is liable only for its own acts with regard to the planning, financing, construction, acquisition, operation, ownership or maintenance of common facilities. No moneys or other contributions supplied by a district of this state for the planning, financing, construction, acquisition, operation or maintenance of common facilities shall be credited or applied otherwise to the account of any other participant in the common facilities.

(2) A district shall not exercise its power of eminent domain to acquire a then existing thermal power plant or any part thereof. [1967 c.603 §11; 2007 c.301 §36; 2007 c.895 §7]

Notes of Decisions

If cities and PUDs otherwise had authority to enter Participants’ Agree­ment with WPPSS, enact­ment of Thermal Power Facilities Act did not supersede or restrict that authority, except for policy against financing an­oth­er participant’s share. DeFazio v. WPPSS, 296 Or 550, 679 P2d 1316 (1984)

Chapter 261

Notes of Decisions

People’s utility district does not possess exclusive right to provide service within boundaries of district. Douglas Electric Cooperative v. Central Lincoln People’s Utility District, 164 Or App 251, 991 P2d 1060 (1999), Sup Ct review denied

Atty. Gen. Opinions

County clerk’s and county governing body’s duty to determine validity of voters’ peti­tion to form people’s utility district, (1980) Vol 40, p 367

Law Review Cita­tions

7 EL 315 (1977); 16 WLR 549 (1979)

1 Legislative Counsel Committee, CHAPTER 261—People’s Utility Districts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors261.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 261, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano261.­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.