Oregon Revised Statutes

Chapter 202 — Establishment of New Counties; Change of Boundaries

32 sections

202.010 “County court” defined

As used in this chapter, unless the context requires otherwise, the term “county court” includes board of county commissioners.

202.020 Petitions to form new counties or change existing county boundaries

Whenever it is desired to form a new county out of one or more then existing counties or to change the boundaries of then existing counties, a petition praying for the formation of such new counties or for the change of the boundaries of then existing counties, describing the territory proposed to be incorporated in the new county or changed from one county …

202.030 Election order; conduct of election; ballot title

If the county court finds that the proposed changes will not result in any new or remaining county having an assessed valuation, area or population less than required by the Constitution of this state, the county court shall call an election on a date specified in ORS 203.085 for the purpose of submitting the question of: The formation of the new county to …

202.040 Commissioners to arrange terms on proposal to change boundaries

In case the petition provided for in ORS 202.020 is for a change in the boundaries of existing counties, but not for the elimination of any then existing county, the county courts of the counties concerned shall appoint two commissioners each to act with the commissioners of the other counties and arrange the terms in respect to assumption of liabilities and…

202.050 Certification of election to Secretary of State

The county clerk in each county in which an election under ORS 202.030 is held shall certify to the Secretary of State a copy of the summary of votes cast on the question of creating a new county or changing boundaries. The county clerk also shall certify to the Secretary of State the name, territorial contents and boundaries of the new county, or the names,…

202.060 Proclamation by Governor

The Governor shall issue a proclamation declaring a new county created if an election for the purpose of establishing a new county is held and a majority of all electors registered within the limits of the proposed new county voted at the election in favor of the creation of the new county. The Governor shall issue a proclamation declaring the change in cou…

202.070 Operation and effect of proclamation

If the election was for the purpose of establishing a new county, it thereafter shall be a county for all civil, military and other purposes. If the election was for the purpose of changing county boundaries, the boundaries of the county shall be changed to conform to the description furnished by the county clerk in the certificate provided in ORS 202.050. …

202.080 Boundaries to conform to established legal subdivisions; filing boundary change with county assessor and Department of Revenue

In the establishment of any proposed new county and in the establishment of the boundaries of counties in which a change is proposed, the same shall be made to conform to the established government legal subdivisions. For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Re…

202.090 Validity of election

Refusal or neglect of any official to perform duties in connection with any election under this chapter shall not affect the validity of the election.

202.100 County judge and commissioners for new county

Not later than the 30th day after the Governor issues the proclamation provided for in ORS 199.790 or 202.060, the Governor shall appoint three electors, who must be residents of the new county so formed, to serve as county judge and commissioners for the new county. When the persons appointed accept and qualify for their offices under ORS 204.016 and 204.02…

202.110 Other county officers

The county judge and the county commissioners appointed under ORS 202.100, acting as a county court, shall appoint a sheriff, a county clerk, a county assessor, a county treasurer and a county surveyor. An officer appointed under this subsection must be an elector of the new county and must accept and qualify for the office under ORS 204.016 and 204.020 befo…

202.120 Locating county seat

The county court of the new county may temporarily fix the county seat, and such location shall remain the county seat until the first general election thereafter, when the electors of the new county are empowered to vote for and select the place of county seat in the manner provided by law. Immediately after the selection of the county seat either by the c…

202.130 State laws to govern county court

In all matters not specially provided for in this chapter, the county court appointed as provided in ORS 202.100 shall be governed by the laws of this state then existing in relation to counties.

202.140 Compensation of members of county court

The members of the county court of any new county organized under this chapter, while in the discharge of their duties as provided in this chapter, shall receive the same compensation as is allowed by law for the performance of their ordinary official duties.

202.150 Disposition of public property, records and tax liens

All public buildings, records or other public property within the limits of the original county shall remain and be the property of such original county; but, if the election is held for change in county boundaries, and any public building belonging to the county is located in the territory affected by the change of boundaries, the county acquiring the new t…

202.160 Transcription of real estate, court and tax records

When a new county is organized in whole or in part from any existing county it shall be the duty of the county court of the new county to cause to be transcribed in the proper books all the records of deeds, mortgages and other instruments, probate records, court records and tax records relating to or affecting real estate in the new county. The cost of tran…

202.170 Transfer of records

When a new county is organized in whole or in part from any existing county and any record or any volume of any records of the county from which the new county is created relate wholly to property located within the new county, such records or volumes thereof shall be transferred by the officer of the old county who is in charge thereof to the officer of the…

202.180 Transfer of electors’ registration records and election records

The county court of a new county or a county to which territory has been added shall, respectively: Cause all the registration records of electors living in the new county or in the territory that has been added to an existing county to be segregated from the registration records on file in the counties from which the new county is created or the county fro…

202.190 Payment of moneys due from state

All moneys due from the State of Oregon to a new county shall be paid to the county treasurer of the new county in the manner and at the same time that such moneys are paid to the other counties of the state. All moneys due from the state to a county from which any territory is taken by reason of change in the boundaries thereof shall be paid to the treasure…

202.200 Apportionment of state taxes payable

A new county’s proportion of the state taxes shall be determined as follows: If the new county is formed from one county, the new county shall pay its pro rata share of the amount of state taxes which the county from which it is formed is to pay for that year, and for each succeeding year thereafter until otherwise provided for, based upon the ratio that th…

202.210 Ascertainment, apportionment and assumption of indebtedness

Any new county organized under this chapter shall assume and pay, as provided in this section, a just proportion of the indebtedness of the counties from which it is segregated, based upon the last assessed valuation of the original counties, and in proportion that the valuation within the segregated portion bears to the aggregate valuation of the whole orig…

202.220 Disposition of special funds and property

All moneys belonging to special funds, such as fire, school, roads and other funds and property owned by the districts within the boundaries of the new county organized under this chapter or owned by the districts in the territory affected by the change in boundaries segregated under the provisions of this chapter on hand at the time of the settlement provid…

202.230 Distribution of funds in excess of indebtedness

Any county in which the amount of public funds on hand at the time of the settlement provided for in ORS 202.210 exceeds the total of its outstanding indebtedness shall, after making the deductions provided for in ORS 202.210 (3), from the amount of such public funds on hand pay over to the county segregated from it and organized under this chapter or to the…

202.240 Payment of apportioned indebtedness

The amount of indebtedness of a county organized or acquiring new territory as provided in this chapter, as ascertained by the joint board of county courts, shall be paid to the county from which it segregates or from which the territory is taken, in the warrants of the new county thus segregated or the warrants of the county acquiring new territory, as the …

202.250 Authority to collect revenues

The authority of any county from which a portion is segregated under this chapter, for the collection of revenue within the boundaries of the portion segregated shall cease from the date upon which the two county courts, under the provisions of ORS 202.210, base the settlement between such counties, and all assessments and levies made by the authority of the…

202.260 Redistricting of county and filling of vacancies

The county courts of all the counties affected by the formation of the new county, or by a change in county boundaries, shall immediately after such segregations, redistrict their county into districts provided for by law, and shall fill the vacancies occasioned by such segregation in the manner provided for by law for filling vacancies.

202.270 Renumbering of school and road districts

School districts and road districts within the counties affected by proceedings under this chapter, shall be renumbered so as to make their number in each county run consecutively, and the number of existing school districts may when necessary be changed to effect that purpose.

202.280 Validity of school district bonds

The validity of bonds issued by any school district prior to the division of any county or prior to the change of county boundaries, under this chapter, shall in no wise be affected by such division nor by the renumbering of the school districts that may have issued such bonds.

202.290 Judicial district affiliation

Any county organized under the provisions of this chapter shall, as soon as its organization is completed, constitute a judicial subdivision of the judicial district from which its largest area was taken upon the organization of the new county. The territory segregated by a change of boundaries shall belong to the same judicial district as that the county to…

202.300 [Repealed by 2015 c.212 §5]repealed

No operative statutory text appears at this designation in the selected edition.

202.310 Venue of actions and proceedings

In all actions or proceedings, civil or criminal, for the prosecution of a crime committed or a cause of action arising within the boundaries of any judicial subdivision created under the provisions of this chapter, and properly triable in such subdivision under the provisions of the civil and criminal procedure statutes, the venue thereof shall be changed t…

202.320 Place of return of processes, writs, bonds, notices and other papers

All processes, writs, bonds, notices, appeals, recognizances, papers and proceedings in actions changed to a new county under the provisions of this chapter issued and made returnable to the circuit court of the county from which a portion has been segregated or organized prior to the creation of such legal subdivision, shall be considered as made, taken and…