2017 ORS 271.735¹
Hearing
  • notice

(1) Before the acquisition of a conservation easement or highway scenic preservation easement, the state agency, county, metropolitan service district, soil and water conservation district, city, park and recreation district or county service district established under ORS 451.410 (Definitions for ORS 451.410 to 451.610) to 451.610 (Advisory committee for emergency communications system) to construct, maintain and operate service facilities in Washington or Clackamas Counties for the purposes specified in ORS 451.010 (Authorization to establish master plans and service districts) (1)(a) and (b) and in Washington County for the purpose specified in ORS 451.010 (Authorization to establish master plans and service districts) (5) considering acquisition of such an easement shall hold one or more public hearings on the proposal and the reasons therefor. The hearings shall be held in the community where the easement would be located and all interested persons, including representatives of other governmental agencies, shall have the right to appear and a reasonable opportunity to be heard.

(2) Notice of the hearing shall be published at least twice, once not less than 12 days and once not less than five days, prior to the hearing in a newspaper of general circulation in the community. The notice may also be published by broadcasting or telecasting generally in the community.

(3) At least 30 days prior to the hearing, the state agency shall mail notice of the hearing to the governing body of each county, city and other governmental agency having jurisdiction in the area of the proposed easements.

(4) This section does not apply to conservation easements or highway scenic preservation easements acquired pursuant to ORS 390.121 (Powers of commission), 390.310 (Definitions for ORS 390.310 to 390.368) to 390.338 (Limitations on use of condemnation power) and 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement) or acquired pursuant to a metropolitan service district bond measure authorizing the acquisition of open spaces within specific areas. [1983 c.642 §9; 1985 c.160 §3; 1989 c.904 §29; 1999 c.208 §3; 2003 c.467 §3; 2005 c.368 §3]

Law Review Cita­tions

14 EL 557 (1984); 46 EL 759 (2017)

Atty. Gen. Opinions

Willamette River Greenway law as a specific separate scheme, (1974) Vol 36, p 1060

1 Legislative Counsel Committee, CHAPTER 271—Use and Disposition of Public Lands Generally; Easements, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors271.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 271, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano271.­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.