ORS 568.433
Petitions for withdrawal of territory

  • conditions
  • referendum

(1)

Except as provided in ORS 568.445 (Petitions for inclusion of territory wholly within another district), one or more landowners may petition the State Department of Agriculture to withdraw the land of the petitioning landowners from an existing soil and water conservation district. The department shall prescribe the form for the petition. The petition must include, but need not be limited to, a legal description of the property, landowner information and the reasons for the proposed withdrawal.

(2)

The department shall approve the petition if the department, in consultation with the district board of directors, determines that:

(a)

It is not and would not be feasible for the land described in the petition to receive services from the district; or

(b)

The work of the district would not benefit the soil, water or natural resource conditions of the land described in the petition.

(3)

The department shall deny the petition if the department, in consultation with the district board, determines that:

(a)

It is or would be feasible for the land described in the petition to receive services from the district; and

(b)

The work of the district would benefit the soil, water or natural resource conditions of the land described in the petition.

(4)

If the department approves the petition, the department shall redefine the boundaries of the district and make any adjustments to the district zones necessary to comply with ORS 568.560 (Number of directors).

(5)

Land withdrawn from a district with an ad valorem tax is not subject to taxes levied for the district after the withdrawal date. The district board shall provide the notice of boundary change to the Department of Revenue and the county assessor under ORS 568.435 (Boundary change notice for taxation purposes).

(6)

If a petitioner disagrees with the decision of the department, the petitioner may initiate a referendum on the decision by submitting additional petitions signed by 10 percent or more of the electors residing in the existing district. The referendum election shall be governed by ORS chapter 255. Only electors residing in the existing district are eligible to cast ballots in the referendum election.

(7)

If a majority of the ballots cast at the referendum election are in favor of the withdrawal, the department shall approve the petition, redefine the boundaries of the district and make any adjustments to the district zones necessary to comply with ORS 568.560 (Number of directors). [2009 c.220 §15]

Source: Section 568.433 — Petitions for withdrawal of territory; conditions; referendum, https://www.­oregonlegislature.­gov/bills_laws/ors/ors568.­html.

568.210
Definitions for ORS 568.210 to 568.808 and 568.900 to 568.933
568.225
Policy
568.300
Petition for formation of district
568.310
Notice of hearing
568.320
Right to be heard
568.330
Determination of need for district
568.340
Determination to not form district
568.351
Determination of boundaries for proposed district
568.370
Eligible electors
568.380
Department to pay expenses and supervise hearings and referenda
568.391
Referendum process
568.400
Appointment of first directors of district
568.410
Formation of district
568.420
Certificate of formation
568.431
Petitions for inclusion of territory
568.433
Petitions for withdrawal of territory
568.435
Boundary change notice for taxation purposes
568.440
District legally formed
568.445
Petitions for inclusion of territory wholly within another district
568.450
Procedure for consolidating districts
568.460
Referendum
568.471
Effect of consolidating districts
568.481
Methods for initiating dissolution of district
568.491
Termination of board of directors
568.495
Disposition of district assets
568.500
Order of dissolution
568.510
Proceedings for dissolution limited
568.520
Petitions nominating directors
568.530
Ballots
568.542
Payment of expenses for director election from county funds
568.545
Procedure for selection of directors of consolidated districts
568.550
General powers of board of directors
568.552
Power of directors to manage and control water resources and projects
568.554
District to submit program and work plans for department review
568.555
Name of district may be changed
568.560
Number of directors
568.565
Procedures for changing number of directors
568.570
Majority constitutes a quorum
568.580
Annual meeting
568.590
Notice of annual meeting
568.600
Legal counsel
568.610
Records
568.620
Consultation with county or municipal representatives
568.730
Officials may enter private lands
568.780
Certain public agencies to be deemed owners
568.790
County funds for personnel and other uses
568.801
Stream control and management projects
568.803
General obligation bonds
568.805
Special assessments
568.806
Ad valorem tax
568.807
Electors authorizing taxation
568.808
Taxing district to file legal description and map
568.810
Purpose of ORS 568.810 to 568.890
568.820
Designation of areas by county court upon petition
568.830
Publication and posting of notices describing districts
568.840
Election of advisory board
568.850
Wind erosion inspector
568.860
Inspector may enter lands in district
568.870
County court may authorize inspector to control erosion
568.880
Tax levy for wind erosion control
568.890
District may be dissolved
568.900
Definitions for ORS 568.900 to 568.933
568.903
“Landowner” defined
568.906
Plan implementation to involve local agencies
568.909
Boundaries for land subject to water quality plans
568.912
Management plan rules
568.915
Entry upon land
568.918
Notice to landowner of failure to perform requirements
568.921
Fees from landowners
568.924
Interagency agreements
568.927
Law inapplicable to certain forest practices
568.930
Agricultural activities subject to plan requirements
568.933
Civil penalties
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