Oregon Law
Law as of Jan 1, 2026
Chapter contents
223.001Definitions 223.005Appropriation and condemnation for public use within and without city limits 223.010Right of city to enter upon, survey, examine and select property to be appropriated or condemned 223.015Manner of appropriation or condemnation; compensation 223.020Scope of appropriation 223.025[Repealed by 1963 c.297 §1] 223.030[Repealed by 1963 c.297 §1] 223.035[Repealed by 1963 c.297 §1] 223.040[Repealed by 1963 c.297 §1] 223.105Proceedings to condemn property for city improvements when owner and city disagree on price 223.110[Repealed by 1971 c.741 §38] 223.112Definitions for ORS 223.112 to 223.132 223.114Economic improvement; assessment ordinance 223.115[Repealed by 1971 c.741 §38] 223.117Requirements of assessment ordinance 223.118Remonstrance against assessment; exclusion of property 223.119Advisory committee; functions 223.120[Repealed by 1971 c.741 §38] 223.122Effect of local improvement districts or urban renewal districts 223.124Extension of assessment period 223.125[Repealed by 1971 c.741 §38] 223.127Application of certain assessment statutes to economic improvement districts 223.129Expenditure of assessment revenues; liability for unauthorized expenditures 223.130[Repealed by 1971 c.741 §38] 223.132Formation of economic improvement districts as additional power of cities 223.135[Repealed by 1971 c.741 §38] 223.140[Repealed by 1971 c.741 §38] 223.141Definitions for ORS 223.141 to 223.161 223.144Economic improvement district; business license fee ordinance 223.145[Repealed by 1971 c.741 §38] 223.147Requirements of business license fee ordinance 223.150[Repealed by 1971 c.741 §38] 223.151Advisory committee; functions 223.154Extension of business licensing period 223.155[Repealed by 1971 c.741 §38] 223.157Expenditure of business license fees; liability for unauthorized expenditures 223.160[Repealed by 1971 c.741 §38] 223.161Effect of local improvement districts or urban renewal districts 223.165[Repealed by 1971 c.741 §38] 223.170[Repealed by 1971 c.741 §38] 223.175[Repealed by 1971 c.741 §38] 223.205Scope and application; validation of bond issues by cities of 100,000 or more 223.207Purpose of ORS 223.208 223.208System development and connection charges of local government subject to Bancroft Bonding Act 223.210Right of property owners to apply for installment payment of assessment 223.212Right of educational, religious, fraternal or charitable organizations and public corporations to bond the assessment 223.215Contents of application to pay in installments; computation of installments 223.220[Amended by 1957 c.103 §4; 1957 c.397 §2; 1975 c.642 §2; repealed by 1991 c.902 §121] 223.225Record of application to be kept 223.230Lien docket; interest; priority; public access 223.235Issuance of bonds; limitations 223.240[Amended by 1959 c.653 §5; 1971 c.100 §2; 1975 c.320 §3; 1975 c.642 §3; repealed by 1991 c.902 §121] 223.245Budget to include bond payments 223.250[Amended by 1971 c.183 §1; 1975 c.642 §4; 1981 c.94 §11; 1983 c.349 §4; repealed by 1991 c.902 §121] 223.255[Amended by 1957 c.103 §8; 1967 c.239 §2; 1983 c.349 §5; repealed by 1991 c.902 §121] 223.260Sale of bonds; disposition of proceeds from bond sales 223.262Assessment contracts; transfer of contract rights by local government; use of proceeds 223.265Payment of installments; due dates 223.270Procedure for collection on default 223.275Notice to pay; receipts and entries on lien docket 223.280Right of owner to prepay balance and discharge lien 223.285Separate funds kept for moneys received; investments authorized 223.290Payments entered on lien docket; lien discharge 223.295Limit on city indebtedness 223.297Policy 223.299Definitions for ORS 223.297 to 223.316 223.300[Repealed by 1975 c.642 §26] 223.301Certain system development charges and methodologies prohibited 223.302System development charges; use of revenues; review procedures 223.304Determination of amount of system development charges; methodology; credit allowed against charge; limitation of action contesting methodology for imposing charge; notification request 223.305[Repealed by 1971 c.325 §1] 223.307Authorized expenditure of system development charges 223.309Preparation of plan for capital improvements financed by system development charges; modification 223.310[Amended by 1957 c.397 §3; repealed by 1971 c.325 §1] 223.311Deposit of system development charge revenues; annual accounting 223.312[1957 c.95 §4; repealed by 1971 c.325 §1] 223.313Applicability of ORS 223.297 to 223.316 223.314Establishment or modification of system development charge not a land use decision 223.315[Repealed by 1971 c.325 §1] 223.316Local governments required to make system development charge information public 223.317Apportionment of special assessment among parcels in subsequent partition of tract 223.320[Amended by 1957 c.397 §4; repealed by 1971 c.325 §1] 223.322Proration of unpaid installments 223.325[Repealed by 1971 c.325 §1] 223.327Procedure for equitable apportionment by ordinance or regulation 223.330[Amended by 1969 c.531 §4; repealed by 1971 c.325 §1] 223.335[Repealed by 1971 c.325 §1] 223.340[Repealed by 1971 c.325 §1] 223.345[Repealed by 1971 c.325 §1] 223.350[Repealed by 1971 c.325 §1] 223.355[Amended by 1969 c.531 §5; repealed by 1971 c.325 §1] 223.360[Repealed by 1971 c.325 §1] 223.365[Repealed by 1971 c.325 §1] 223.370[Repealed by 1971 c.325 §1] 223.375[Repealed by 1971 c.325 §1] 223.380[Repealed by 1971 c.325 §1] 223.385[Repealed by 1971 c.325 §1] 223.387Description of real property; effect of error in name of owner 223.389Procedure for making local assessments for local improvements; intergovernmental agreement to allocate jurisdiction for local improvement 223.391Notice of proposed assessment to owner of affected lot 223.393Estimated and final assessments become liens 223.395Deficit assessments or refunds when initial assessment based on estimated cost 223.396[2009 c.753 §75; 2014 c.32 §1; renumbered 223.680 in 2015] 223.397[1959 c.219 §§6,7; repealed by 1963 c.507 §1] 223.399Powers of local government concerning assessments for local improvements 223.401Review of assessment 223.405Definitions for ORS 223.405 to 223.485 223.410Authority of governing body to make reassessment 223.415Basis for, amount and method of reassessment 223.420Effect of reassessment; exceptions 223.425Resolution to reassess 223.430Publication of notice of reassessment; contents 223.435Personal notice to each owner; right to file objections 223.440Hearing on objections; revision of reassessment 223.445Reassessment ordinance or resolution 223.450Lien docket entry; crediting prior payments 223.455Right of purchaser at sale under prior assessment 223.460[Repealed by 1965 c.71 §1] 223.462Review of reassessment 223.465[Repealed by 1965 c.71 §1] 223.470[Repealed by 1965 c.71 §1] 223.475[Repealed by 1965 c.71 §1] 223.480[Repealed by 1965 c.71 §1] 223.485When reassessment authority inapplicable; time limitation 223.505Definitions for ORS 223.505 to 223.595 223.510Authority to sell property for delinquent liens and assessments 223.515Preparation, transmission and contents of delinquent list 223.520Procedure in collecting delinquencies 223.523Notice of sale; publication; personal notice to property owner and occupant 223.525Conduct of foreclosure sale 223.530Title of purchaser 223.535Record of sales; receipts for lien payments 223.540Payment of sale price 223.545Purchase by local government in absence of bids 223.550Certificate of sale; contents 223.555Lien docket entries mandatory 223.560Unsold property reoffered; exceptions 223.565Procedure and conditions of redemption 223.570Execution and contents of deed to purchaser 223.575Legal and evidentiary effect of deed 223.580Grantee of deed entitled to possession 223.585Time limitation on actions to recover sold property 223.590Tender of purchase price in action to recover property 223.593Alternate redemption procedure; cash payment required 223.594Lien for water service to certain real property through single water meter; owner as water user; foreclosure 223.595Validation of prior foreclosure proceedings 223.605Definition for ORS 223.605 to 223.650 223.610Foreclosure of certain liens by suits in equity 223.615Recovery of attorney fees in foreclosure proceeding 223.620Laws applicable to foreclosure proceedings 223.625Liens which may be included in foreclosure suit 223.630Joinder of parties in interest as defendants 223.635Complaint served on owner; issues tried separately 223.640Allegations of jurisdictional facts 223.645Right of local government to bid at execution sale 223.650Redemption; no deficiency judgment 223.670[1985 c.656 §2; 1991 c.902 §76; renumbered 223.593 in 1991] 223.680Local government programs to finance utilities improvements to real property 223.685Local government programs to finance seismic rehabilitation of real property 223.705Rebonding of unpaid assessments 223.710Rebonding application; form; prerequisites 223.715Payment of rebonded assessment 223.720Amount of lien; priority 223.725Issuance and sale of bonds 223.730Application of proceeds from sale of bonds 223.735Debt limitation of local government not applicable 223.740General provisions applicable 223.745Scope of power granted 223.750Enactment of rulemaking ordinances; effect of irregularities 223.755Reinstatement of delinquent bonded assessments authorized 223.760H.O.L.C. bonds accepted in payment of assessment liens 223.765Bonds accepted as payment for assessment liens 223.770Assessment of public property benefited by improvements 223.775Assessment of property of cemetery authority benefited by certain improvements 223.785[1969 c.505 §1; 1983 c.349 §7; 1983 c.713 §1; repealed by 1991 c.902 §121] 223.805Short title of ORS 223.805 to 223.845 223.810Establishment of motor vehicle parking facilities 223.815Acquisition of property for parking facilities 223.820Planning, constructing and contracting for the operation of or leasing parking facilities 223.825Financing of parking facilities 223.830Service concessions in parking facilities 223.835Fees and regulations of parking facilities 223.840Disposing of property acquired for parking facilities 223.845Limitation on operation of parking facilities; use of revenues after issuance of revenue bonds; excess revenues 223.849[1957 c.430 §1; repealed by 1959 c.653 §12] 223.850[Renumbered 223.880] 223.851Special assessment for street lighting, street maintenance and street cleaning; approval by electors 223.852[1957 c.430 §2; repealed by 1959 c.653 §12] 223.854[1957 c.430 §3; repealed by 1959 c.653 §12] 223.855[Renumbered 223.882] 223.856Measure imposing assessments; contents 223.857[1957 c.430 §4; repealed by 1959 c.653 §12] 223.859[1957 c.430 §5; repealed by 1959 c.653 §12] 223.860[Renumbered 223.884] 223.861Basis of assessment 223.862[1957 c.430 §6; repealed by 1959 c.653 §12] 223.864[1957 c.430 §7; repealed by 1959 c.653 §12] 223.865[Renumbered 223.886] 223.866Levy of assessment; manner of collection; effect of nonpayment 223.867[1957 c.430 §8; repealed by 1959 c.653 §12] 223.869[1957 c.430 §9; repealed by 1959 c.653 §12] 223.870[Renumbered 223.888] 223.871[1983 c.234 §6; repealed by 1991 c.902 §121] 223.872[1957 c.430 §10; repealed by 1959 c.653 §12] 223.874[1957 c.430 §11; repealed by 1959 c.653 §12] 223.875[Renumbered 223.900] 223.876Charter authority not affected 223.877[1957 c.430 §12; repealed by 1959 c.653 §12] 223.878Inclusion of property outside city in city assessment for local street improvement 223.879[1957 c.430 §13; repealed by 1959 c.653 §12] 223.880Public roads included in sidewalk improvement district; assessment on property benefited 223.882Acquisition of property by city to aid water commerce 223.884Eminent domain authority within and without city limits 223.886Loans authorized to finance improvements; security for loans; consent of electors 223.888Authority of city to carry out law 223.900Leasing property to individuals 223.905[Repealed by 2007 c.783 §234] 223.910[Repealed by 2007 c.783 §234] 223.915[Repealed by 2007 c.783 §234] 223.920[Repealed by 2007 c.783 §234] 223.925[Repealed by 2007 c.783 §234] 223.930Streets along city boundaries or partly within and without city 223.935Basis for legalization of road 223.940Proceedings for legalization of roads; report; notice 223.945Compensation for property affected by road legalization 223.950Order under road legalization proceeding

Chapter 223 — Local Improvements and Works Generally

ORS 223.945 Compensation for property affected by road legalization

(1)

A city governing body shall provide for compensation under this section to any person who has established a structure on real property if the structure encroaches on a road that is the subject of legalization proceedings under ORS 223.935 to 223.950.

(2)

To qualify for compensation under this section, a person must file a claim for damages with the city governing body before the close of the hearing to legalize the road. The city governing body shall consider a claim for damages unless the city governing body determines that:

(a)

At the time the person acquired the structure, the person had a reasonable basis for knowing that the structure would encroach upon the road;

(b)

Upon the original location of the road, the person received damages;

(c)

The person or the person’s grantor applied for or assented to the road passing over the property; or

(d)

When making settlements on the property, the person found the road in public use and traveled.

(3)

The compensation allowed under this section shall be just compensation for the removal of the encroaching structure.

(4)

The city governing body may proceed to determine compensation and acquire the structure by any method authorized by law or by the city charter.

(5)

If a city governing body determines that removal of the encroaching structure is not practical under this section, the city governing body may acquire property to alter the road being legalized.

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Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.