Chapter 371 — Road Districts and Road Assessment Plans

371.005 “County court” defined

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

371.055 Formation of road districts

For the purpose of improving county roads, as defined in ORS 368.001, or public roads within the boundaries of a city or drainage district, numbered road districts may be formed from contiguous territory within the county.

371.060 Drainage districts and cities as separate road districts

Every drainage district consisting of 5,000 acres or more, and every city, shall constitute a separate road district. The county court shall not divide such territory to include any of it in any other road district unless the people of the drainage district or city, by majority vote at an election held pursuant to law, vote that the territory be included by …

371.065 Construction, maintenance and repair in drainage road district; tax levy

Any construction, maintenance and repairs on roads within the boundaries of a drainage road district shall be only on such public roads, as defined in ORS 368.001, within the district as are designated by order of the board of supervisors of the drainage district. The board of supervisors of such drainage district may cooperate with the county court in const…

371.067 Construction, maintenance and repair in city road district

Any construction, maintenance and repairs on roads within the boundaries of a city that constitutes an entire and separate road district under ORS 371.060 shall be only on such public roads, as defined in ORS 368.001, within the district as are designated by order of the governing body of the city. The governing body of the city may cooperate with the county…

371.070 Islands as separate road districts

Any island or part thereof exceeding in area 12 square miles and located in any one county hereby is constituted a separate and distinct road district of the county.

371.075 Petition for grade change or other road improvement; investigation and report; granting petition

Upon the petition of 12 or a majority of the resident freeholders of any road district, approved by the roadmaster, praying for a change in grade or other extensive improvements to a public road as defined in ORS 368.001, the county court shall instruct the county surveyor, engineer or roadmaster to proceed as soon as convenient to the place named in the pet…

371.080 [Repealed by 1989 c.593 §5]

371.085 [Amended by 1953 c.480 §3; repealed by 1989 c.593 §5]

371.090 [Amended by 1971 c.647 §64; 1983 c.350 §238; repealed by 1989 c.593 §5]

371.095 [Amended by 1953 c.480 §3; 1963 c.9 §19; 1971 c.647 §65; repealed by 1987 c.667 §8]

371.097 Levy of taxes; application of Local Budget Law

A road district may assess, levy and collect each year an ad valorem tax on all taxable property within the road district. Ad valorem taxes authorized by this section shall be paid in money and shall be levied and collected in the same manner as other county taxes. Notwithstanding ORS 294.316 (5), 294.305 to 294.565 apply to the road district for each fisc…

371.100 [Amended by 1953 c.480 §3; 1957 c.70 §1; 1967 c.609 §7; 1971 c.647 §66; 1983 c.350 §239; repealed by 1987 c.667 §8]

371.105 Tax as special fund; use of fund

All tax moneys levied and collected by the road district shall be credited and kept as a special fund by the county treasurer to the account of the road district. No part of such fund shall be transferred or loaned. Except as provided in subsection (3) of this section, the whole amount of the tax moneys levied and collected by the road district shall be exp…

371.107 [1985 c.307 §2; 1987 c.667 §4; repealed by 1997 c.541 §389]

371.110 Effect of change of district boundaries on road tax levy; filing boundary change with county assessor and Department of Revenue

If the boundaries of any road district are changed after the levy of any road tax in or for such road district and before the expenditure of the tax, provision shall be made by the county court for such expenditure in the localities contemplated at the time of levy, notwithstanding the change in boundaries. For purposes of ad valorem taxation, a boundary ch…

371.205 [Repealed by 1969 c.50 §1]

371.210 [Repealed by 1969 c.50 §1]

371.215 [Repealed by 1969 c.50 §1]

371.220 [Repealed by 1969 c.50 §1]

371.225 [Repealed by 1969 c.50 §1]

371.230 [Repealed by 1969 c.50 §1]

371.235 [Repealed by 1969 c.50 §1]

371.240 [Repealed by 1969 c.50 §1]

SPECIAL ROAD DISTRICTS

371.305 Authority to form special road districts

Contiguous territory lying within any county and not incorporated within the limits of a city may be formed into, or included in, a special road district in the manner provided by ORS 371.305 to 371.360.

371.310 [Amended by 1965 c.498 §5; 1969 c.568 §1; repealed by 1971 c.727 §203]

371.315 [Repealed by 1971 c.727 §203]

371.318 Formation order to declare whether district board to be elected or appointed; change in method of selecting board; cost of election

If a county court approves a petition for formation of a special road district, the order of the county court declaring the formation shall also declare, in addition to other matters specified in ORS 198.810, whether the commissioners of the district shall be appointed by the county court or elected by the electors of the district. When a special road distr…

371.320 [Repealed by 1971 c.727 §203]

371.323 Election of first commissioners

If a proposal for formation of a special road district is approved and the proposal specifies an elected district board of commissioners, members of the district board of commissioners shall be elected at the election held to form the district.

371.325 [Repealed by 1971 c.727 §203]

371.330 Appointment of first commissioners

If a proposal for formation of a district is approved and the proposal specifies an appointed district board of commissioners, the county court shall appoint three persons with the qualifications described in ORS 371.338 (1) to be the first commissioners of the district and shall designate the term of office of each.

371.335 [Repealed by 1971 c.727 §203]

371.336 Purpose and powers of district

A special road district may be formed for the purpose of improving roads within the district. A special road district has the power: To make contracts. To acquire, hold, receive and dispose of real and personal property. To sue and be sued. To exercise the power of eminent domain. To assess, levy and collect taxes on all taxable real property within the…

371.338 District board of appointed commissioners; qualification; term; vacancies; oath

The powers of a special road district are vested in a district board of commissioners consisting of three commissioners appointed by the county court. Each commissioner shall be an elector of the district. The term of office of a commissioner is three years commencing on January 1 of the year of appointment. Vacancies on the board shall be filled by the coun…

371.340 [Repealed by 1961 c.681 §14]

371.342 Officers of appointed district board; meetings; records

As soon as possible after the first commissioners are appointed to the district board of commissioners, and thereafter during each January, the board shall meet and organize by selecting from their number a president, a secretary and a treasurer. The board shall hold one regular meeting each month at a time and place within the district designated by the boa…

371.344 [1961 c.681 §9; 1963 c.9 §21; 1965 c.498 §8; 1973 c.796 §59; 1983 c.83 §82; 1983 c.350 §241; 1997 c.541 §384; repealed by 1999 c.632 §30]

371.345 [Amended by 1959 c.102 §1; 1961 c.681 §10; 1967 c.609 §8; 1971 c.647 §67; 1975 c.647 §32; repealed by 1983 c.350 §331a]

371.347 Alternative provisions for elected board of commissioners

When a special road district has an elected district board of commissioners, ORS 371.349 and 371.351 are effective in that district in lieu of ORS 371.338 and 371.342.

371.349 District board of elected commissioners; qualification; term; vacancies; oath

The powers of a special road district are vested in a district board of commissioners consisting of three commissioners elected by the electors of the district. Each commissioner shall be an elector of the district. The term of office of a commissioner is four years commencing on July 1 following the date of election. A commissioner may serve until a success…

371.350 [Amended by 1961 c.681 §11; 1971 c.647 §68; repealed by 1983 c.350 §331a]

371.351 Officers of elected district board; meetings; records

As soon as possible after the first commissioners are elected to the district board of commissioners, and thereafter during each July, the board shall meet and organize by selecting from their number a president, a secretary and a treasurer. The board shall hold one regular meeting each month at a time and place within the district designated by the board. A…

371.353 Establishment of zones within special road district

The district board of a special road district located in a county of between 3,000 and 3,500 square miles and with a population of between 100,000 and 200,000 may seek elector approval to divide the district into zones for the purpose of imposing and levying property taxes at a different rate and amount on the assessed value of all taxable property in each z…

371.354 Notice and public hearing

The district board of a special road district seeking to establish tax zones under ORS 371.353 to 371.357 shall cause a notice of a public hearing relating to the formation of the tax zones to be published once a week for two successive weeks in the newspaper in general circulation in the district that, in the judgment of the district board, will afford the …

371.355 [Amended by 1961 c.681 §12; repealed by 1971 c.647 §149]

371.356 Election to approve zones within special road district

Following the notice required under ORS 371.354, the district board of a special road district seeking to establish tax zones shall conduct a public hearing at which district residents and property owners may testify about the proposed zones. Following the hearing, if the district board decides to proceed, the district board shall submit a measure to the el…

371.357 Ad valorem property taxation; operating tax rate limits

If a special road district is divided into tax zones under ORS 371.353 to 371.357, the district board shall determine, make and declare each item of ad valorem property tax, as set forth in ORS 310.060 (2), for each zone when the district board adopts its budget for any fiscal year. The operating tax rate for each tax zone of the district may not exceed the…

371.359 Filing boundary change with county assessor and Department of Revenue

For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225.

371.360 Deposit of tax proceeds in bank

The proceeds of the tax levied and collected for the district shall be deposited in a bank or banks designated by the district board of commissioners. Such moneys shall be paid out only upon order of the board by checks or drafts signed by the president and treasurer of the board. All deposits of any district in any bank in excess of the amount protected by …

371.365 [Repealed by 1961 c.681 §14]

371.370 [Repealed by 1961 c.681 §14]

371.375 [1965 c.498 §2; repealed by 1971 c.727 §203]

371.380 [1965 c.498 §3; repealed by 1971 c.727 §203]

371.385 Certain tax limitations not in effect after August 22, 1969

If any district existing on August 22, 1969, had a tax limitation set forth in the petition for formation as provided by ORS 371.310, prior to amendment by section 1, chapter 568, Oregon Laws 1969, the limitation stated in such petition shall not be effective to limit the taxing authority of any such district after August 22, 1969. Such limitation shall be c…

371.405 Definitions for ORS 371.405 to 371.535

As used in ORS 371.405 to 371.535: “County court” includes the board of county commissioners sitting for the transaction of general county business. “District” means a road assessment district organized under ORS 371.405 to 371.535.

371.410 Formation of road assessment district in counties with 19,000 to 25,000 population; effect of population increase

A road assessment district may be formed in any county having a population of 19,000 and not more than 25,000, as shown by the decennial federal census, and shall consist of an area of more than 20,000 acres or an assessed valuation of taxable property of not less than $1 million, according to the last county assessment roll. A road assessment district may b…

371.415 [Repealed by 1971 c.727 §203]

371.416 Election procedures; initiative and referendum

ORS chapter 255 governs the following: The nomination and election of directors, except as provided in ORS 371.455. The conduct of district elections. The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS 255.135 to 255.205.

371.420 [Repealed by 1971 c.727 §203]

371.425 [Repealed by 1971 c.647 §149 and 1971 c.727 §203]

371.430 [Repealed by 1971 c.727 §203]

371.435 [Repealed by 1971 c.647 §149]

371.440 [Repealed by 1971 c.727 §191]

371.445 [Repealed by 1971 c.727 §203]

371.450 Election of district directors; terms; oath; qualifications; vacancies

Except as provided in subsection (2) of this section, the term of director is four years. The three directors elected as the first district board shall determine by lot the length of term each shall hold. The term of one director shall expire June 30 next following the first regular district election and the terms of two directors shall expire June 30 next …

371.455 Nominees declared elected if number equals positions to be filled

After expiration of the time for filing nominations for a regular district election, if the board of directors determines that the number of candidates nominated equals the number of positions to be filled on the board, the district need not hold the election. Instead, the board of directors, within 10 days after expiration of the time for filing nominations…

371.460 [Amended by 1963 c.364 §2; repealed by 1971 c.647 §149]

371.465 [Repealed by 1971 c.647 §149]

371.467 Special elections

Special elections may be called by resolution of the board of directors for any proper purpose.

371.470 Selection of board of directors’ president and secretary; record of proceedings; meetings

Within the first 10 days of July in each year next following their election, excepting the year immediately after the election upon organization, the board of directors shall meet and choose one of their number president of the board and elect some suitable person as secretary. The secretary, who may or may not be a member of the board of directors, shall ho…

371.472 [1963 c.364 §4; repealed by 1969 c.345 §20]

371.475 General powers of board of directors

The board of directors has the following powers and authority, which are not exclusive but are a general outline of powers to be construed liberally: To examine, supervise, order, construct, direct and control the repair, construction, maintenance and reconstruction of all the roads and highways within the district, except primary and secondary state highwa…

371.480 Contracts as to streets in cities

The board of directors may contract with any city within or adjacent to the district for the repair, improvement and reconstruction of streets or public ways within the city, where the improvement of the streets is a part of the general road system of the district. The contract shall be upon terms mutually agreeable to the board of directors of the district …

371.485 Authority of district over roads and highways

A road assessment district has authority over all roads and highways within the district, except state primary and secondary highways, and streets, alleys or public ways within a city within the district other than as provided by ORS 371.480.

371.490 [Repealed by 1969 c.344 §8]

371.495 Declaration of legislative intent

It is the intent of the legislature that the districts authorized by ORS 371.405 to 371.535 shall be special assessment districts and all taxable properties therein located shall be benefited in proportion to the assessed valuations of the various taxable properties therein as from time to time determined by the county assessment roll of the property.

371.500 Computing money to be raised by assessment; apportionment; assessment limited; tax not to interfere with others

The board of directors, in each fiscal year, shall make a computation of the total amount of money to be raised by the district through assessments for the ensuing fiscal year of July 1 to June 30, next following, for any and all purposes whatsoever in carrying out the provisions of ORS 371.405 to 371.535, including estimated delinquencies on assessments. Th…

371.505 Copy of assessment resolution to county assessor; duty of assessor; collection and accounting; separate fund

The secretary of the board of directors shall, after the apportionment of the assessment, certify a copy of the resolution levying and apportioning the assessment, to the county assessor of the county in which the district is situated. The county assessor shall extend the assessment so made against all taxable property within the district in the same manner…

371.510 County assessor to furnish certificate of assessed valuation

The county assessor, upon request of the board of directors, shall furnish from time to time a certificate showing the total assessed valuation, according to the last completed assessment roll, of all the taxable property within the district.

371.512 Filing boundary change with county assessor and Department of Revenue

For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225.

371.515 District to pay county for expenses; proceedings on default

The district shall pay the county for all the actual expenses and salary of the county engineer while the county engineer is engaged in work for and at the request of the board of directors, and for the cost of all work done by the county in the district at the request of the board of directors, which shall be the amount agreed upon between the county court …

371.520 District excluded from other districts; certain unexpended funds credited to district; city within district may make levies

Upon the organization of a road assessment district the entire area thereof shall be excluded by such organization from any existing road district theretofore existing and shall not be included within any other road district thereafter created during the life of the road assessment district. Upon the organization of the road assessment district there shall …

371.525 [Repealed by 1971 c.727 §203]

371.530 Exclusion of land area from district

A petition for exclusion of land from a district shall be approved only if the exclusion of the land does not reduce the remaining area of the district to less than an area of 20,000 acres and not less than $1 million assessed valuation of taxable property according to the most recent assessment roll prepared by the county assessor.

371.535 Disposition of funds of dissolved district

If a district is dissolved, all funds then on hand or proceeds of assessments theretofore levied shall be held by the county court for the benefit of the roads within the area theretofore within the boundaries of the district.

371.540 [1965 c.347 §2; repealed by 1971 c.727 §203]

371.545 [1965 c.347 §3; repealed by 1971 c.727 §203]

371.550 [1965 c.347 §4; repealed by 1971 c.727 §203]

371.555 [1965 c.347 §5; repealed by 1971 c.727 §203]

IMPROVEMENT OF STREETS AND ROADS IN UNINCORPORATED AREAS

371.605 Definitions for ORS 371.605 to 371.660

As used in ORS 371.605 to 371.660, unless the context requires otherwise: “Owner” means a vendee under a recorded land contract or if there is no such contract, the holder of the record title, which vendee or holder has a present interest equal to or greater than a life estate. “Engineer” means the county engineer, roadmaster, surveyor or other engineer se…

371.610 Inapplicability of ORS 371.605 to 371.660 to state highways; authority of county to supersede statutes

ORS 371.605 to 371.660 do not apply to any state highway. The county governing body may designate any public road improved under ORS 371.605 to 371.660 as a county road without invalidating the assessments levied for the purpose of the improvements. Except as otherwise provided in this section, a county may supersede any provision in ORS 371.605 to 371.660…

371.615 Petition or resolution for improvement of roads in unincorporated areas

Proceedings to cause any improvement to be made or constructed in an unincorporated area may be initiated by the county governing body by resolution or by a petition signed by not less than 60 percent of the owners of the land representing not less than 60 percent of the land abutting on the proposed improvement and presented to the county governing body ask…

371.620 Signers of petition and objection in event of cotenancies

In case of tenants by the entireties, joint tenants or tenants in common the parcel of land is considered as having one owner, which owner shall be deemed to have signed the petition provided for in ORS 371.615 or the objection provided for in ORS 371.630 only if every cotenant of the parcel has signed.

371.625 Investigation and estimation of cost of improvement by engineer

When the resolution is adopted or the petition is filed with it, the county court shall refer the resolution or petition to the engineer, who shall investigate the proposed improvement. If in the judgment of the engineer the improvement is feasible, the engineer shall make an estimate of the cost of the improvement and report the same to the county court. If…

371.630 Notice to owners of engineer’s report; filing objections

If the engineer makes a favorable report on the proposed improvement, the county court shall mail to the owner of each parcel of land to be assessed for the proposed improvement a written notice of the favorable report, the estimated cost of the improvement and the estimated amount of the assessment against the land of the owner. The notice shall require the…

371.635 Court order for improvement; recording; vacation of order and removal of lien

If the number of objections mentioned in ORS 371.630 is not received, the county court may, by order describing the land to be assessed, direct the improvement to be made by contract, or by force account. If by contract, it shall be awarded in the same manner as provided for other contracted county road improvement. The county court shall record the order f…

371.640 Engineer to compile improvement cost; source of payment; reimbursement of source; additional work

After the improvement has been made, inspected by the engineer and accepted by the county court, the engineer shall compile the total cost of the improvement. When compiling the total cost of the improvement, the engineer may add the actual and estimated future costs for engineering and administration. Where the improvement includes the construction and inst…

371.642 Assessment of costs of sidewalk or curb construction and other improvements

Notwithstanding any provision to the contrary in ORS 371.605 to 371.660, the cost of construction of sidewalks under those sections shall be assessed in proportion to the front footage of the land or otherwise, as provided in those sections, to the owners of land abutting on the side of the street or road on which the sidewalks are constructed and fronting o…

371.645 Engineer to ascertain assessment; hearing on objections; court order

The engineer shall ascertain the amount of the assessment against each parcel of land assessed for the improvement and report the same to the county court. The county court by order shall thereupon set the time, not less than 10 days after the filing of the report, and place for a hearing of objections to the assessments as fixed in the report of the engine…

371.650 Certification of assessment; recording order; lien

The county court shall certify a list and description of the ownership, stating the amount of assessment against each individual parcel of land, and shall record the order with the county clerk, who shall indorse thereon the date of the filing thereof and record and index it in the County Clerk Lien Record. The assessments and interest are a lien upon the l…

371.655 When assessment due, payable and delinquent; application of other statutes

Except as provided in subsection (2) of this section, 30 days after the assessment is certified, the entire amount against each parcel of land shall be due and payable at the office designated by the governing body of the county and, if not so paid, shall be delinquent from that date and shall bear interest at a rate established by the governing body of the …

371.660 Delinquent list; execution and sale

One year from the date an assessment for improvements under ORS 371.605 to 371.660 is delinquent, or, in case the assessment has been spread in semiannual installments, one year from the date any semiannual installment of the assessment is delinquent, the county court shall prepare a delinquent list of all assessments not wholly paid. The list shall contain …