ORS 554.440
Malheur Improvement Company

  • exclusion or inclusion of land

(1)

Any person holding land within the Malheur Improvement Company district created under chapter 172, Oregon Laws 1911, who desires to have the land of the person excluded from the Malheur Improvement Company district, may file a petition with the secretary of such district. The petition shall be in writing, verified, and shall set forth the description of the lands desired to be excluded, and the reasons for such exclusion. Likewise, any person owning lands without such district who desires to have the lands of the person included within the district, may file a petition with the secretary, which petition shall be in writing, verified, and shall set forth the reasons why the land should be included in the district, and further, that the lands are susceptible of irrigation or drainage, as the case may be, from the system of works of the district.

(2)

The secretary shall present any such petition at the next meeting of the board of directors of the improvement company. The board shall fix a time for the hearing thereof, either at a special meeting of the members of the corporation called for the purpose, or at the next regular annual meeting of the members. At such meeting, the petitioners may present witnesses and be represented either in person or by attorney, to establish the allegations set forth in the petition. Upon such hearing, the matter of including or excluding such lands from the district shall be put to a vote of the members, and if a majority vote of the members owning lands in the district is in favor of the relief asked for in the petition, then an order shall be made in the minutes in accordance with such vote.

(3)

The secretary shall thereupon make a certificate certifying to the fact of the filing of such petition and the hearing thereon, and the action taken by the members of the district, and in such certificate shall describe the land included or excluded from the district, as the case may be. The secretary shall submit the certificate to the Office of the Secretary of State for filing and shall file a true copy of the certificate with the county clerk of the county where the lands are situated. From and after the filing of the certificate by the Secretary of State the land described in the certificate shall be included or excluded, as the case may be, in or from the improvement company district.

(4)

The articles of incorporation of the Malheur Improvement Company shall upon the filing of the certificate by the Secretary of State, and without any procedure other than as in this section provided, be deemed amended to include or exclude, as the case may be, the lands described in such certificate; provided, however, that any land within such improvement company district, and excluded therefrom on petition, shall not be relieved from the payment of its proportion of any bonded indebtedness created and outstanding of the company, prior to the exclusion of such lands therefrom. Lands without the improvement company district, and included therein by petition, shall be subject to any assessment thereafter levied by the company, whether for bonded indebtedness or otherwise. [Amended by 1987 c.94 §157]

Source: Section 554.440 — Malheur Improvement Company; exclusion or inclusion of land, https://www.­oregonlegislature.­gov/bills_laws/ors/ors554.­html.

554.005
Filing requirements
554.007
Effective time and date of document
554.009
Correcting filed document
554.011
Penalty for signing false document
554.012
Forms
554.015
Filing duty of Secretary of State
554.016
Filing, service, copying and certification fees
554.017
Appeal from Secretary of State’s refusal to file document
554.018
Evidentiary effect of copy of filed document
554.019
Certificate of existence
554.020
Articles of incorporation
554.030
Evidence of corporate existence
554.040
Contents of articles
554.060
Challenge to validity of organization
554.070
Membership
554.080
Corporate existence
554.082
Registered office and registered agent
554.084
Change of registered office or registered agent
554.086
Resignation of registered agent
554.088
Service on corporation
554.090
Directors
554.100
Oath of office
554.110
Powers of directors
554.120
Records of proceedings of directors
554.130
Assessments
554.135
Alternative method for collecting assessments
554.140
Directors’ duty to institute proceedings to enforce lien
554.150
Action to compel assessment
554.160
Assessments to provide funds to meet obligations
554.170
Covenants by landowners
554.180
Landowners’ notice
554.190
Recording notice
554.200
Incurring indebtedness before notice recorded
554.210
Plans and specifications
554.220
Bonds
554.230
Bonds
554.240
Retirement of bonds
554.250
Refunding bonds
554.260
Contracts with governmental agencies or others for financial assistance or cooperative action
554.270
Purchase or lease of works and water rights
554.275
Activity of corporation as urban service
554.280
Resolution for serial coupon obligations
554.290
Warrants to pay claims
554.300
Amendment of articles
554.302
Dissolution of corporation by Secretary of State
554.305
Notice of grounds for dissolution
554.307
Reinstatement of dissolved corporation
554.309
Denial of reinstatement
554.315
Annual report
554.320
Exemption from taxation
554.340
Judicial determination of legality of proceedings
554.350
Service to lands outside district
554.375
Dissolution of district and reorganization as corporation
554.380
Articles of incorporation for corporation formed from dissolved district
554.385
Findings by board of reorganizing district
554.390
Dissolution of district and reorganization as corporation under ORS 554.320 and 554.375 to 554.390 prohibited after 2004
554.410
Applicability of ORS 554.005 to 554.340 to corporations organized under 1911 Act
554.420
Amendment of articles, and landowners’ notice, of corporation organized under 1911 Act
554.430
Applicability of 1911 Act, as amended, to corporations organized under that Act
554.440
Malheur Improvement Company
554.510
Authority to include or exclude lands
554.520
Application for inclusion or exclusion
554.530
Application
554.540
Meeting date
554.550
Notice of meeting
554.560
Quorum for meeting
554.570
Effect of exclusion on existing debts
554.580
Condition of approval of inclusion
554.590
Articles of amendment
Green check means up to date. Up to date