226 sections in this chapter.
ORS 223.869 [1957 c.430 §9; repealed by 1959 c.653 §12]
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[Repealed or reserved.]
ORS 223.870 [Renumbered 223.888]
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[Repealed or reserved.]
ORS 223.871 [1983 c.234 §6; repealed by 1991 c.902 §121]
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[Repealed or reserved.]
ORS 223.872 [1957 c.430 §10; repealed by 1959 c.653 §12]
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[Repealed or reserved.]
ORS 223.874 [1957 c.430 §11; repealed by 1959 c.653 §12]
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[Repealed or reserved.]
ORS 223.875 [Renumbered 223.900]
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[Repealed or reserved.]
ORS 223.876 Charter authority not affected. ORS 223.851 to 223.876 are in addition to and not a limitation on authority a city may exercise under its charter. [1983 c.234 §7]
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[Repealed or reserved.]
ORS 223.877 [1957 c.430 §12; repealed by 1959 c.653 §12]
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[Repealed or reserved.]
ORS 223.878 Inclusion of property outside city in city assessment for local street improvement. (1) The governing body of a city may include property located outside the city as part of the property to be improved or to be assessed for a street improvement, subject to the following conditions
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(a) The type of street improvement is one which the city has authority to finance by assessments against property within the city. (b) The governing body of the county, by resolution, approves the improvement if any portion of it is outside the city. (c) The governing body of the…
ORS 223.879 [1957 c.430 §13; repealed by 1959 c.653 §12]
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[Repealed or reserved.]
ORS 223.880 Public roads included in sidewalk improvement district; assessment on property benefited. Any incorporated city, in addition to powers granted by law or charter, may include in any sidewalk improvement district within the city all county roads or state highways or any part thereof which are located within the improvement district. It may cause to be built on the county roads or state highways or portions thereof within the improvement district, sidewalks for pedestrian travel, and may assess the cost thereof upon the property benefited thereby, in the manner provided by charter or law. [Formerly 223.850]
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[Repealed or reserved.]
ORS 223.882 Acquisition of property by city to aid water commerce. In order to secure benefit from the United States Bonneville electrical and navigation project, all cities may purchase, acquire by condemnation, or lease, real property for the purpose of constructing thereon wharves, docks or other similar structures, or other aid to water-borne commerce, or for providing for sites for the location and operation of industrial or manufacturing plants or works thereon which will use the electrical energy developed by the Bonneville project and which would constitute feeders for docks, wharves or other aids of water-borne commerce. [Formerly 223.855]
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[Repealed or reserved.]
ORS 223.884 Eminent domain authority within and without city limits. In carrying out the powers granted by ORS 223.882, cities are granted the right of eminent domain and the right to take private property for the public uses authorized by ORS 223.882. This power shall be exercised as provided by ORS chapter 35. Real property located without the corporate limits of the city, adjacent or contiguous to any of the boundary lines of the corporate limits of the city or within 10 miles of the boundary line of the corporate limits of any such city, may be acquired under the terms of this section. The determination of the council, commission of public docks, or other administrative body of the city having jurisdiction of its wharf or dock property that the acquiring of any particular real property is necessary to carry out the purposes of ORS 223.882 shall be sufficient foundation for the exercise of the right of eminent domain, notwithstanding that there is other real property available that might be used for those purposes. [Formerly 223.860; 1971 c.741 §22]
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[Repealed or reserved.]
ORS 223.886 Loans authorized to finance improvements; security for loans; consent of electors. In carrying out the powers conferred by ORS 223.882, the city may borrow money from any person, corporation or agency of the United States Government for the purchase of any real property described in ORS 223.882, or for paying the cost of improvements on any real property, which improvements may include the construction of docks, wharves or other structures and appurtenant appliances or fixtures or machinery necessarily required to operate a wharf or dock. In borrowing money for any of these purposes the cities may secure money so borrowed by executing and giving a mortgage or similar indenture on any such real property and its revenues. If repayment of money borrowed for acquisition or improvement of any such real property is not to be secured solely by the real property and the income derived therefrom, then, before a debt for the purpose of this section or ORS 223.882 can be contracted or incurred, the consent of the electors of the city must first be obtained. [Formerly 223.865]
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[Repealed or reserved.]
ORS 223.888 Authority of city to carry out law. In the execution of powers conferred by ORS 223.882 to 223.886, a city may act through its council, commission of public docks, or other administrative body having jurisdiction of its wharves, docks or waterfront property. The city or its said administrative body may enter into and execute contracts or leases and do all acts and things requisite for carrying out the purposes of ORS 223.882 to 223.900. [Formerly 223.870]
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[Repealed or reserved.]
ORS 223.900 Leasing property to individuals. In leasing or renting any part or portion of the real property acquired pursuant to the authority of ORS 223.882 to any individual or corporation, a city shall act in conformity with the requirements of ORS 271.300 to 271.360 when those sections are applicable. [Formerly 223.875; 1985 c.443 §2]
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[Repealed or reserved.]
ORS 223.905 [Repealed by 2007 c.783 §234]
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[Repealed or reserved.]
ORS 223.910 [Repealed by 2007 c.783 §234]
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[Repealed or reserved.]
ORS 223.915 [Repealed by 2007 c.783 §234]
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[Repealed or reserved.]
ORS 223.920 [Repealed by 2007 c.783 §234]
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[Repealed or reserved.]
ORS 223.925 [Repealed by 2007 c.783 §234]
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MISCELLANEOUS PROVISIONS
ORS 223.930 Streets along city boundaries or partly within and without city. (1) Any city may construct, improve, maintain and repair any street the roadway of which, as defined in the Oregon Vehicle Code, is along or along and partly without, or partly within and partly without the boundaries of the city and may acquire, within and without the boundaries of such city, such rights of way as may be required for such street by donation or purchase or by condemnation in the same manner as provided in ORS 223.005 to 223.105, except as provided in subsection (2) of this section
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(2) In any condemnation proceeding pursuant to subsection (1) of this section, a city shall not have any right of occupancy or possession until the condemnation judgment is paid. [1955 c.551 §1; 1985 c.16 §453]
ORS 223.935 Basis for legalization of road. A city governing body may initiate proceedings to legalize a city road within the city under ORS 223.935 to 223.950 if any of the following conditions exist
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(1) If, through omission or defect, doubt exists as to the legal establishment or evidence of establishment of a public road. (2) If the location of the road cannot be accurately determined due to: (a) Numerous alterations of the road; (b) A defective survey of the road or adjace…
ORS 223.940 Proceedings for legalization of roads; report; notice. (1) If proceedings for legalization of a road are initiated under ORS 223.935, the city governing body shall
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(a) Cause the road to be surveyed to determine the location of the road; (b) Cause the city engineer or other city road official to file a written report with the city governing body including the survey required under this section and any other information required by the city g…
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
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(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:…
ORS 223.950 Order under road legalization proceeding. (1) After considering matters presented in a proceeding to legalize a road under ORS 223.935 to 223.950, a city governing body shall determine whether legalization of the road is in the public interest and shall enter an order abandoning or completing the legalization procedures on the road
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(2) When a city governing body legalizes a road under ORS 223.935 to 223.950, the city governing body shall cause the road to be surveyed and the centerline and right of way to be monumented by a registered professional land surveyor. The survey map and narrative for such survey …