Oregon Revised Statutes

Chapter 457 — Urban Renewal

51 sections

457.010 Definitions

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

457.020 Declaration of necessity and purpose

It hereby is found and declared: That there exist within the state blighted areas. That such areas impair economic values and tax revenues. That such areas cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals and welfare of the residents of the state and that these conditions necessitate excessive and …

457.025 Powers supplemental to other laws

The powers conferred by this chapter are in addition and supplemental to the powers conferred by any other law.

457.030 [Amended by 1957 c.456 §18; repealed by 1979 c.621 §28]

URBAN RENEWAL AGENCIES; PLANS; ACTIVITIES

457.035 Urban renewal agencies; creation; ordinance to exercise powers; area of operation

In each municipality, as defined in ORS 457.010, there hereby is created a public body corporate and politic to be known as the “urban renewal agency” of the municipality. However, the urban renewal agency shall not exercise its powers until or unless the governing body of the municipality, by nonemergency ordinance, declares that blighted areas exist in the…

457.040 [Repealed by 1979 c.621 §28]

457.045 Election of method of exercise of urban renewal agency’s powers

The governing body of a municipality shall, in the ordinance adopted under ORS 457.035, elect to have the powers of an urban renewal agency under this chapter exercised in one of the following ways: By a housing authority of the municipality established pursuant to the Housing Authorities Law in which case the name of the body corporate and politic shall be…

457.050 [Amended by 1953 c.230 §3; 1957 c.456 §19; repealed by 1979 c.621 §28]

457.055 Transfer of urban renewal agency powers

At any time following adoption of the ordinance under ORS 457.035, or for urban renewal agencies activated before October 3, 1979, at any time following adoption of a proper resolution or ordinance of the governing body of the municipality, the governing body of a municipality may, by ordinance, transfer the authority to exercise the powers of the urban rene…

457.060 [Repealed by 1979 c.621 §28]

457.065 Advisory board for housing authority acting as urban renewal agency

For the purpose of coordinating its activities and undertakings under this chapter with the needs and undertakings of other local organizations and groups, a housing authority exercising the powers of an urban renewal agency under ORS 457.045 shall establish an advisory board consisting of the chairperson of the authority, who shall be chairperson of the adv…

457.070 [Repealed by 1979 c.621 §28]

457.075 Termination of urban renewal agency

If the governing body of a municipality which has an urban renewal agency under ORS 457.035 finds that there no longer exists a need for an urban renewal agency in the municipality, the governing body shall provide, by ordinance, for a termination of the agency and a transfer of the agency’s facilities, files and personnel to the municipality. The terminatio…

457.080 [Repealed by 1979 c.621 §28]

457.085 Urban renewal plan requirements

An urban renewal agency shall provide for public involvement in all stages in the development of an urban renewal plan. An urban renewal plan proposed by an urban renewal agency shall include all of the following: A description of each urban renewal project to be undertaken. An outline for the development, redevelopment, improvements, land acquisition, de…

457.087 Report required to accompany proposed urban renewal plan

An urban renewal plan proposed by an urban renewal agency shall be accompanied by a report that contains: A description of the physical, social and economic conditions in the urban renewal areas of the plan and the expected impact, including the fiscal impact, of the plan in light of added services or increased population; Reasons for the selection of each…

457.089 Urban renewal plan and report to planning commission and affected taxing districts for recommendations before approval by municipality; taxing district concurrence required for plan that includes public building project

An urban renewal agency shall forward an urban renewal plan and the accompanying report to the planning commission of the municipality for recommendations before presenting the plan to the governing body of the municipality for approval under ORS 457.095. The urban renewal agency shall deliver the urban renewal plan and accompanying report to the governing …

457.090 [Repealed by 1979 c.621 §28]

457.095 Approval of plan by ordinance; required contents of ordinance; notice

The governing body of a municipality, upon receipt of a proposed urban renewal plan and report from the municipality’s urban renewal agency and after public notice and hearing and consideration of public testimony and planning commission and taxing district recommendations, if any, may approve the urban renewal plan. The approval shall be by nonemergency ord…

457.100 [Amended by 1979 c.621 §12; renumbered 457.065]

457.105 Approval of plan by other municipalities

In addition to the approval of a plan by the governing body of the municipality under ORS 457.095, when any portion of the area of a proposed urban renewal plan extends beyond the boundaries of the municipality into any other municipality and, in the case of a proposed plan by a county agency, when any portion of such area is within the boundaries of a city,…

457.110 [Renumbered 457.025]

457.115 Manner of newspaper notice

Notice of adoption of an urban renewal plan required under ORS 457.095 and notice of filing of an annual financial statement required under ORS 457.460 shall be published in the newspaper, as defined in ORS 193.010, having the greatest circulation in the municipality and which is published within the municipality. If no newspaper is published within the muni…

457.120 When additional notice required; to whom sent; contents; notice by publication

In addition to any required public notice of hearing on a proposed urban renewal plan or substantial amendment or change to a plan, as described in ORS 457.085 (2)(i) and 457.220, the municipality shall cause notice of a hearing by the governing body on a proposed plan for a new urban renewal area or on a proposed change containing one of the types of amendm…

457.125 Recording of plan upon approval

A copy of the ordinance approving an urban renewal plan under ORS 457.095 shall be sent by the governing body of the municipality to the urban renewal agency. A copy of the resolution approving an urban renewal plan under ORS 457.105 shall be sent by the governing body of a municipality to the urban renewal agency. Upon receipt of the necessary approval of e…

457.130 [1957 c.456 §§4,5; 1979 c.621 §13; renumbered 457.035]

457.135 Conclusive presumption of plan validity

After October 3, 1979, any urban renewal plan purported to be adopted in conformance with applicable legal requirements shall be conclusively presumed valid for all purposes 90 days after adoption of the plan by ordinance of the governing body of the municipality. No direct or collateral attack on the action may thereafter be commenced.

457.140 [1957 c.456 §6; 1975 c.246 §1; 1979 c.621 §14; renumbered 457.045]

457.145 [1967 c.311 §2; repealed by 1979 c.621 §15 (457.055 enacted in lieu of 457.145)]

457.150 [1957 c.456 §8; repealed by 1979 c.621 §28]

457.160 Exceptions to plan requirements for disaster areas

Notwithstanding any other provisions of ORS chapter 455 or 456 or this chapter, where the governing body of a municipality certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm or other catastrophe respecting which the Governor has certified the need for disaster assistance under feder…

457.170 Urban renewal agency’s powers in planning or undertaking an urban renewal project

An urban renewal agency may plan or undertake any urban renewal project to carry out an approved urban renewal plan. In planning or undertaking an urban renewal project, the urban renewal agency has the power: To carry out any work or undertaking and exercise any powers which a housing authority is authorized to perform or exercise under ORS 456.055 to 456.…

457.180 Powers of urban renewal agencies in general

An urban renewal agency, in addition to its other powers, may: Make plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements. Make plans for the enforcement of laws, codes and regulations relating to: The use of land. The use and occupancy of buildings and improvements. The repair, rehabilitation, demolition …

457.190 Acquisition of funds by urban renewal agency; maximum amount of indebtedness

An urban renewal agency may borrow money and accept advances, loans, grants and any other form of financial assistance from the federal government, the state, county or other public body, or from any sources, public or private, for the purposes of undertaking and carrying out urban renewal projects. An urban renewal agency may do all things necessary or des…

457.210 Applicability of housing cooperation law to urban renewal projects; delegation of urban renewal agency powers and functions

Any state public body, as defined in ORS 456.305, shall have the same rights and powers to cooperate with and assist urban renewal agencies with respect to urban renewal projects that such state public body has pursuant to ORS 456.305 to 456.325 to cooperate and assist housing authorities with respect to housing projects in the same manner as though those se…

457.220 Plan amendment; limit on additional land and increased maximum indebtedness

Except for the provisions of subsections (2) and (4) of this section, an urban renewal agency shall carry out the urban renewal plan approved under ORS 457.095. Any substantial change made in the urban renewal plan shall, before being carried out, be approved and recorded in the same manner as the original plan. An urban renewal agency may not by amendment…

457.230 Disposition of land in urban renewal project; determination of value; obligations of purchaser or lessee; recordation

The urban renewal agency shall, in accordance with the approved urban renewal plan, make land in an urban renewal project available for use by private enterprise or public agencies. Such land shall be made available at a value determined by the urban renewal agency to be its fair reuse value, which represents the value, whether expressed in terms of rental o…

457.240 Tax status of land leased under a plan

Any property which the urban renewal agency leases to private persons as defined in ORS 174.100 under an urban renewal plan shall have the same tax status as if such leased property were owned by such private individuals or corporations.

457.310 [1957 c.456 §16; repealed by 1979 c.621 §28]

457.320 Municipal assistance under plan; assumption by urban renewal agency of general obligation bond payments of municipality

In addition to the other powers granted a municipality under this chapter, a municipality may exercise any of its powers otherwise provided by law to assist in the planning or the carrying out of an urban renewal plan. Without limiting the powers granted by the preceding sentence, a municipality may issue its general obligation bonds for the purpose of assis…

457.410 [1961 c.554 §2; repealed by 1979 c.621 §28]

TAX INCREMENT FINANCING OF URBAN RENEWAL INDEBTEDNESS

457.420 Plan may provide for division of property taxes; limits on land area

Any urban renewal plan may contain a provision that the ad valorem taxes, if any, levied by a taxing district in which all or a portion of an urban renewal area is located, shall be divided as provided in section 1c, Article IX of the Oregon Constitution, and ORS 457.420 to 457.470. Ad valorem taxes shall not be divided if there is no provision in the urban …

457.430 Certification of assessed value of property in urban renewal area; amendment

As soon as practicable after the approval of a plan containing a provision authorized by ORS 457.420, the county assessor of each county in which an urban renewal area is located shall prepare, in duplicate, a certified statement of the total assessed value, as shown on the county assessment roll last certified prior to the effective date of the ordinance ap…

457.435 Property tax collection methods for existing plans; special levies

For each existing urban renewal plan that includes a provision for a division of ad valorem taxes under ORS 457.420 to 457.470, the municipality that activated the urban renewal agency that is carrying out the plan shall adopt an ordinance choosing one of the options listed in subsection (2) of this section as the method of collecting ad valorem property tax…

457.437 Consultation with municipalities; resolution requirements

Prior to the establishment of a maximum amount of indebtedness for an urban renewal plan under ORS 457.190 and before an option is adopted under ORS 457.435, the urban renewal agency that is carrying out the plan shall meet with the governing bodies of the municipality that activated the urban renewal agency and other municipalities affected by the urban ren…

457.440 Computation of amounts to be raised from property taxes; notice; rules

During the period specified under ORS 457.450: The county assessor shall determine the amount of funds to be raised each year for urban renewal within the county levied by taxing districts in accordance with Article IX, section 1c, of the Oregon Constitution, and ORS 457.420 to 457.470. Not later than July 15 of each tax year, each urban renewal agency sha…

457.445 Consolidated billing tax rate; impairment certificates; election to become reduced rate plan

As used in this section, “post-2012 local option tax” means a local option tax, as defined in ORS 280.040, that is approved by taxing district electors after January 1, 2013. The consolidated billing tax rate of an urban renewal plan equals the total of all taxing district ad valorem property tax rates used to extend taxes, after any adjustment to reflect t…

457.450 Notice to tax assessor; provision for debt retirement; distribution of remaining tax increment funds

ORS 457.440 shall first apply to the assessment roll next following the tax roll referred to in ORS 457.430 if the assessor is provided notice of a plan adoption or amendment changing area boundaries by the agency prior to January 1 before the tax year to which the plan first applies. If the assessor is not provided notice of plan adoption or amendment chan…

457.455 Limiting collections; notification; consultation with taxing districts

If the maximum amount of funds under ORS 457.440 is not required to pay the principal and interest on indebtedness incurred for an urban renewal plan, the urban renewal agency may take formal action to limit collections under a plan for a single fiscal year, and may notify the county assessor pursuant to ORS 457.440 (2)(e) to compute the division of taxes fo…

457.460 Agency financial statement required; contents; notice; agency representative to consult with taxing districts

Not later than January 31 of each year, an urban renewal agency shall prepare a statement, on the same basis on which its financial statements are prepared, containing: The amount of moneys received during the preceding fiscal year under ORS 457.420 to 457.470 and from indebtedness incurred under ORS 457.420 to 457.470; The purposes and amounts for which a…

457.470 Modification of assessed value; indexing; concurrence of taxing districts; rules

As used in this section, unless the context requires otherwise: “Assumed increment” means the assessed value of the increment in the prior year, increased by the average percentage increase of the increment, if any, during the three prior years. “Large metropolitan plan” means a plan for an urban renewal area by a city with a population of more than 500,00…