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ORS 198.705

Known as the District Boundary Procedure Act

The act spans §§ 198–198 (123 sections).

Applied in 11 court decisions — leading case Heritage Enterprises v. City of Corvallis (1985)

Most recently applied in 347 Or. App. 465 - Khosroabadi v. North Clackamas Parks and Rec. Dist. (February 2026)

1971 c.727 §1; 1981 c.804 §72; 1983 c.83 §7; 2003 c.14 §98; 2007 c.179 §6; 2007 c.562 §22c

How often courts cite this section

19831990200020102020202620
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

As used in ORS 198.705 to 198.955, unless the context requires otherwise:

(1) “Affected county” means each county which contains or would contain any territory for which a formation or a change of organization is proposed or ordered or which contains all or any part of a district for which a change of organization is proposed or ordered.

(2) “Affected district” means each district which contains or would contain territory for which a formation or a change of organization is proposed or ordered.

(3) “Annexation” includes the attachment or addition of territory to, or inclusion of territory in, an existing district.

(4) “Change of organization” means the annexation or withdrawal of territory to or from a district, the merger or consolidation of districts or the dissolution of a district.

(5) “Consolidation” means the uniting or joining of two or more districts into a single new successor district.

(6) “County board” means the county court or board of county commissioners of the principal county.

(7) “Dissolution” includes disincorporation, extinguishment or termination of the existence of a district and the cessation of all its corporate powers, except for the purpose of winding up the affairs of the district.

(8) “District” has the meaning given that term in ORS 198.010 (2) to (4), (6) to (14), (17) to (23) and (25). In addition, “district” means any one of the following:

(a) A county road district organized under ORS 371.055 to 371.110.

(b) A county service district organized under ORS chapter 451.

(c) The Port of Portland created by ORS 778.010.

(d) A translator district organized under ORS 354.605 to 354.715.

(9) “District board” means the governing board of a district.

(10) “Formation” includes incorporation, organization or creation of a district.

(11) “Inhabited territory” means territory within which there reside 12 or more persons who have been registered to vote within the territory for at least 30 days prior to the date a proceeding is commenced under ORS 198.705 to 198.955.

(12) “Landowner” or “owner of land” means any person shown as the owner of land on the last assessment roll. However, if the person no longer holds the title to the property, then the terms mean any person entitled to be shown as owner of land on the next assessment roll, or, when land is subject to a written agreement of sale, the terms mean any person shown in the agreement as purchaser to the exclusion of the seller. “Landowner” or “owner of land” includes any public agency owning land.

(13) “Legal representative” means:

(a) An officer of a corporation duly authorized, by the bylaws or a resolution of the board of directors of the corporation, to sign for and on behalf of the corporation; and

(b) A guardian, executor, administrator or other person holding property in a trust capacity under appointment of court, when authorized by an order of court, which order may be made without notice.

(14) “Merger” means the extinguishment, termination and cessation of the existence of one or more districts by uniting with and being absorbed into another district.

(15) “Notice” includes an ordinance, resolution, order or other similar matter providing notice which ORS 198.705 to 198.955 authorize or require to be published, posted or mailed.

(16) “Principal Act” means the statutes which describe the powers of a district, including the statutes under which a district is proposed or is operating.

(17) “Principal county” or “county” means the county in which the district, or the greater portion of the assessed value of all taxable property in the district, as shown by the most recent assessment roll of the counties, is located at the time proceedings are initiated to form a district, but for any district formed prior to and existing on September 9, 1971, “principal county” or “county” means the county in which the district, or the greater portion of the value of all taxable property in the district, as shown by the most recent assessment roll of the counties, was located on September 9, 1971.

(18) “Proceeding” means a proceeding for formation or for change of organization conducted pursuant to ORS 198.705 to 198.955.

(19) “Uninhabited territory” means territory within which there reside less than 12 electors who were residents within the territory 30 days prior to the date a proceeding is commenced under ORS 198.705 to 198.955.

(20) “Withdrawal” includes the detachment, disconnection or exclusion of territory from an existing district.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.