2017 ORS 457.010¹

As used in this chapter, unless the context requires otherwise:

(1) “Blighted areas” means areas that, by reason of deterioration, faulty planning, inadequate or improper facilities, deleterious land use or the existence of unsafe structures, or any combination of these factors, are detrimental to the safety, health or welfare of the community. A blighted area is characterized by the existence of one or more of the following conditions:

(a) The existence of buildings and structures, used or intended to be used for living, commercial, industrial or other purposes, or any combination of those uses, that are unfit or unsafe to occupy for those purposes because of any one or a combination of the following conditions:

(A) Defective design and quality of physical construction;

(B) Faulty interior arrangement and exterior spacing;

(C) Overcrowding and a high density of population;

(D) Inadequate provision for ventilation, light, sanitation, open spaces and recreation facilities; or

(E) Obsolescence, deterioration, dilapidation, mixed character or shifting of uses;

(b) An economic dislocation, deterioration or disuse of property resulting from faulty planning;

(c) The division or subdivision and sale of property or lots of irregular form and shape and inadequate size or dimensions for property usefulness and development;

(d) The laying out of property or lots in disregard of contours, drainage and other physical characteristics of the terrain and surrounding conditions;

(e) The existence of inadequate streets and other rights of way, open spaces and utilities;

(f) The existence of property or lots or other areas that are subject to inundation by water;

(g) A prevalence of depreciated values, impaired investments and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts are inadequate for the cost of public services rendered;

(h) A growing or total lack of proper utilization of areas, resulting in a stagnant and unproductive condition of land potentially useful and valuable for contributing to the public health, safety and welfare; or

(i) A loss of population and reduction of proper utilization of the area, resulting in its further deterioration and added costs to the taxpayer for the creation of new public facilities and services elsewhere.

(2) “Certified statement” means the statement prepared and filed pursuant to ORS 457.430 (Certification of assessed value of property in urban renewal area) or an amendment to the certified statement prepared and filed pursuant to ORS 457.430 (Certification of assessed value of property in urban renewal area).

(3) “City” means any incorporated city.

(4)(a) “Existing urban renewal plan” means an urban renewal plan that provides for a division of ad valorem property taxes as described under ORS 457.420 (Plan may provide for division of property taxes) to 457.460 (Financial report required for agency) adopted by ordinance before December 6, 1996, that:

(A) Except for an amendment made on account of ORS 457.190 (Acquisition of funds by urban renewal agency) (3) and subject to paragraph (b) of this subsection, is not changed by substantial amendment, as described in ORS 457.085 (Urban renewal plan requirements) (2)(i)(A) or (B), on or after December 6, 1996; and

(B) For tax years beginning on or after July 1, 1998, includes the limit on indebtedness as described in ORS 457.190 (Acquisition of funds by urban renewal agency) (3).

(b) If, on or after July 1, 1998, the maximum limit on indebtedness (adopted by ordinance before July 1, 1998, pursuant to ORS 457.190 (Acquisition of funds by urban renewal agency)) of an existing urban renewal plan is changed by substantial amendment, then “indebtedness issued or incurred to carry out the existing urban renewal plan” for purposes of ORS 457.435 (Property tax collection methods for existing plans) includes only the indebtedness within the indebtedness limit adopted by ordinance under ORS 457.190 (Acquisition of funds by urban renewal agency) (3)(c) before July 1, 1998.

(5) “Fiscal year” means the fiscal year commencing on July 1 and closing on June 30.

(6) “Governing body of a municipality” means, in the case of a city, the common council or other legislative body thereof, and, in the case of a county, the board of county commissioners or other legislative body thereof.

(7) “Housing authority” or “authority” means any housing authority established pursuant to the Housing Authorities Law.

(8) “Increment” means that part of the assessed value of a taxing district attributable to any increase in the assessed value of the property located in an urban renewal area, or portion thereof, over the assessed value specified in the certified statement.

(9) “Maximum indebtedness” means the amount of the principal of indebtedness included in a plan pursuant to ORS 457.190 (Acquisition of funds by urban renewal agency) and does not include indebtedness incurred to refund or refinance existing indebtedness.

(10) “Municipality” means any county or any city in this state. “The municipality” means the municipality for which a particular urban renewal agency is created.

(11) “Taxing body” or “taxing district” means the state, city, county or any other taxing unit which has the power to levy a tax.

(12) “Urban renewal agency” or “agency” means an urban renewal agency created under ORS 457.035 (Urban renewal agencies) and 457.045 (Election of method of exercise of urban renewal agency’s powers).

(13) “Urban renewal area” means a blighted area included in an urban renewal plan or an area included in an urban renewal plan under ORS 457.160 (Exceptions to plan requirements for disaster areas).

(14) “Urban renewal plan” or “plan” means a plan, as it exists or is changed or modified from time to time for one or more urban renewal areas, as provided in ORS 457.085 (Urban renewal plan requirements), 457.095 (Approval of plan by ordinance), 457.105 (Approval of plan by other municipalities), 457.115 (Manner of newspaper notice), 457.120 (When additional notice required), 457.125 (Recording of plan upon approval), 457.135 (Conclusive presumption of plan validity) and 457.220 (Plan amendment).

(15) “Urban renewal project” or “project” means any work or undertaking carried out under ORS 457.170 (Urban renewal agency’s powers in planning or undertaking an urban renewal project) in an urban renewal area. [Amended by 1957 c.456 §1; 1969 c.225 §1; 1979 c.621 §10; 1991 c.67 §128; 1991 c.459 §330; 1997 c.541 §442; 1999 c.21 §76; 1999 c.579 §25; 2001 c.477 §1; 2003 c.621 §106; 2007 c.884 §1; 2009 c.700 §11; 2013 c.579 §1]

Chapter 457

Notes of Decisions

Provisions of this chapter creating urban renewal agencies, and pro­vi­sions of Housing Authorities Law, ORS 456.055 (General definitions for ORS 456.055 to 456.235) to 456.235 (Dissolution of housing authorities), are parallel statutory schemes, and thus identical pro­vi­sions in the two acts will be given same effect. Housing Authority of Lane County v. Board of Commissioners, 35 Or App 785, 582 P2d 844 (1978), Sup Ct review denied

Atty. Gen. Opinions

Authority of urban renewal agency in selec­tion of projects and de­linea­tion of project boundaries, (1977) Vol 38, p 1062

1 Legislative Counsel Committee, CHAPTER 457—Urban Renewal, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors457.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 457, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano457.­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.