Oregon Revised Statutes
When the term “lands” is used in this chapter in reference to taxation, it shall not be held to include improvements thereon; but the roadbed of railway lines within diking districts shall be subject to taxation for diking purposes. For purposes of this chapter, duties prescribed for the county surveyor may also be performed by the county engineer if the co…
One-half or more of the owners of lands which may be conveniently embraced in one diking district and which are subject to overflow by tidewaters or freshets, and who represent one-half or more of the area of the lands embraced within the proposed diking district, may present a petition to the county court of the county in which the lands are situated, recit…
The county court or board of county commissioners shall then have the petition published in a newspaper of general circulation in the county in which the district is headquartered once each week for four consecutive weeks, together with an order citing all interested parties to appear before the court on a given date, after the time of publication of the not…
The routine of procedure under this chapter shall be as far as practicable the same as prescribed by the road law of the state for survey, location and establishment of county roads. The surveyors and viewers appointed shall meet as prescribed by the county court. They shall trace upon the ground the line of the dikes and dams necessary, and shall keep an ac…
At the time advertised for the hearing of interested parties, the court may postpone the hearing as may be necessary in order to allow the viewers more time in which to report, or for other good cause. If, upon the final hearing, the county court, from the report of the viewers and the testimony of interested persons, believes that the benefits to be derived…
After the petition has been granted and the proceedings had as specified in ORS 551.050, the court shall apportion the estimated cost of the dikes and dams among the landowners of the proposed district, in proportion to the valuation of the lands therein, according to the estimated value placed upon the respective tracts by the viewers. The cost thus apporti…
When the tax has been collected or the application filed as provided in ORS 551.080, the county court shall advertise for bids on the proposed work, either as a whole or in parts, as may be deemed most economical. The advertisement for bids shall be published in the official county paper once each week for two successive weeks previous to letting the contrac…
After the assessments have been made, the owner of any property assessed for such improvement in a sum not less than $50 may, at any time within 10 days after the cost of such diking district has been apportioned, file with the clerk of the county court a written application to pay the assessment in installments. The application shall state that the applican…
Within 10 days after the petition has been granted, the petitioners shall call a meeting of the landowners of the district, to be held in the district at a time and place by them designated, for the purpose of choosing three landowners as an advisory board and nominating one landowner for superintendent of the district. Notice of the meeting shall be signed …
The superintendent: Shall receive such pay for services as the court may allow, but shall be paid only for the time actually employed, and in no case shall the rate of pay exceed that allowed by the county surveyor. Shall oversee the construction and repair of dikes and dams. Shall see that all contracts are faithfully executed, and the work done in a tho…
Moneys of a district may be deposited in accordance with ORS 295.001 to 295.108 and as designated by the superintendent of the district in consultation with the advisory board. Moneys deposited may be withdrawn or paid out only upon a proper order and warrant or upon a check signed by the superintendent. The order shall: Specify the name of the person to wh…
If, in locating and establishing the dikes and dams provided for in this chapter, an owner of land through which they pass is aggrieved on the score of right of way or other causes, the owner shall have proper damage. In such cases claims for damages shall be filed and the amount thereof determined in accordance with the general road law in like cases. The d…
Owners of land already diked may organize districts for the repair and maintenance of the dikes and dams thereof by complying with the procedure prescribed in this chapter, except that the petition need not be signed by more persons than the owners of more than one-half of the acreage embraced in the limits of the proposed district. The board of viewers shal…
Any person through whose lands a dike has been constructed under this chapter may be allowed to construct a dike upon new lines between any two points on the original line. In such case the owner shall file application with the county court, giving a plat of the proposed change, and indorsed by the superintendent of the district. If the court is satisfied th…
The county court may vacate the right of way through which the dikes and dams pass, in the same manner in which county roads are vacated, and the right of way shall thereupon revert to the original owner.
The governing body of any county shall have the powers provided for it in this chapter to regulate the building and maintenance of dikes and dams for the purpose of reclaiming and improving submersible lands as defined in ORS 274.005, or lands subject to overflow by freshets, and for the purpose of protecting lands from overflow where great damage is liable …
Appeals may be taken from the action of the county court in carrying out the provisions of this chapter in like manner as appeals are provided for under the road law. Any judgment resulting therefrom shall be an expense upon the district, and not upon the county, and shall be provided for in the tax levy upon the district.
A diking district may be dissolved in accordance with ORS 198.920 to 198.955 if: Either an existing drainage district formed under ORS chapter 547 or an existing water control district formed under ORS chapter 553 agrees to continue to provide operation and maintenance of the levees and perform other flood control and related works and improvements to the i…