justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.320. Right to be heard; subsequent notice and hearings. (1) All owners of land and electors within the limits of the territory described in the petition for formation of a district, owners of lands and electors within any territory considered for addition to the described territory, and all other interested parties, shall have the right to attend the public hearing described in ORS
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.330. Determination of need for district; factors considered in determination; territory need not be contiguous. (1) After the hearing under ORS 568.310, if the State Department of Agriculture determines upon the facts presented at the hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the general welfare, for a soil and water conservation district to function in the territory considered at the hearing, the department shall make and record the determination and define the boundaries of the district. (2) In making the determination and defining the boundaries, the department shall give due weight and consideration to: (a) The topography of the area considered and of the state. (b) The composition of the soils. (c) The distribution of erosion. (d) The prevailing land-use practices. (e) The desirability and necessity of including within the boundaries the particular lands under consideration and the benefits those lands may receive from being included within district boundaries. (f) The relation of the proposed area to existing watersheds and agricultural regions and to other soil and water conservation districts already formed or proposed for formation. (g) Such other physical, geographical, and economic factors as are relevant. (3) The territory to be included within district boundaries need not be contiguous.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.340. Determination to not form district; subsequent petitions may be filed. (1) If the State Department of Agriculture determines after the hearing and after due consideration of the relevant facts that a soil and water conservation district in the territory is not administratively practicable or that there is no need for a soil and water conservation district to function in the territory considered at the hearing, the department shall make and record the determination and deny the petition. (2) After one year has expired from the date of the denial of the petition, subsequent petitions covering the same or substantially the same territory may be filed as provided in ORS 568.300 and new hearings be held and determinations made.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.350. [Amended by 1981 c.92 11; repealed by 2009 c.220 34]
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.351. Determination of boundaries for proposed district; notice of plan to issue order; publication; request for referendum. (1) If the State Department of Agriculture makes and records a determination that the formation of a soil and water conservation district within a territory is administratively practicable, that there is a need for the district and that formation of the district promotes the public interest and general welfare, the department shall define the boundaries of the proposed district and shall publish notice that the department plans to issue an order of formation for the district. The department shall cause the notice to be published in a newspaper of general circulation within the area of the proposed district. The notice shall include instructions regarding the filing of a request for a referendum. (2) If 10 percent of the electors within the proposed district file a written request for referendum within 30 days after publication of the notice, the department shall schedule a referendum as described in ORS 568.391. (3) If a referendum is not required under subsection (2) of this section, the department shall issue an order of formation for the district. The order must set forth the name of the district and the district boundaries defined by the department.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.360. [Amended by 1981 c.92 12; repealed by 2009 c.220 34]
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.370. Eligible electors. (1) All electors residing within the boundaries of the territory, as determined by the State Department of Agriculture, shall be eligible to vote in the referendum. (2) For the purpose of the referendum, the county clerk shall assist the department in obtaining a list of electors residing within the boundaries of the proposed area.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.380. Department to pay expenses and supervise hearings and referenda; informalities in referendum. (1) The State Department of Agriculture shall pay all expenses for issuance of the notices and conduct of the hearings and referenda, and shall supervise the conduct of the hearings and referenda. It shall issue appropriate regulations governing the conduct of the hearings and referenda. (2) No informalities in the conduct of the referendum or in any matters relating thereto shall invalidate the referendum or the result thereof, if notice thereof was given substantially as provided in ORS 568.310 or 568.320 and the referendum was fairly conducted.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.391. Referendum process; ballot contents; results. (1) If a referendum regarding the formation of a district is required under ORS 568.351, the State Department of Agriculture shall: (a) Prepare appropriate ballots and administer the referendum election process; or (b) Enter into an agreement with county officials for administration of the referendum election process by the county. (2) The ballot for a referendum election must include a map or other description of the boundaries of the proposed district, provided by the department, that uses legal descriptions and generally recognized features. The ballots must comply with ORS 250.035. (3) If the legally required number of ballots approve the formation of the district, the department shall issue an order of formation for the district as provided under ORS 568.351 and appoint directors as provided under ORS 568.400. If the required number of ballots to approve the formation are not cast, the department may not issue an order for formation of the district. (4) If a referendum does not approve a proposal to form a district, the department may not accept the filing of a petition covering the same or substantially the same territory as the disapproved proposal until one year after the referendum election date. Upon the filing under ORS 568.300 of a petition covering the same or substantially the same territory as the disapproved proposal, the department shall conduct new hearings and make new determinations regarding the district formation proposed by the petition.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.400. soil and water conservation district, and shall record the certificate with the application and statement. (2) The boundaries of the district shall include the territory as determined by the department as provided in ORS 568.330, but may not include any area included within the boundaries of another soil and water conservation district.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.410. Formation of district. A soil and water conservation district may be formed in the following manner: (1) The board of directors appointed under ORS 568.400 shall present to the Secretary of State an application signed and sworn to by them, which shall set forth the procedure followed in the formation of the district. (2) The application shall be accompanied by a map of uniform scale showing the location and legal boundaries of the district and by a statement by the State Department of Agriculture. The statement shall certify that the district was formed in compliance with ORS 568.300 to 568.790. (3) The Secretary of State shall examine the application and statement. If the Secretary of State finds that the name proposed for the district is not identical with that of any other district of this state or so nearly similar as to lead to confusion or uncertainty, the Secretary of State shall receive and file them and shall record them in an appropriate book of record in the office of the secretary. (4) If the Secretary of State finds that the name proposed for the district is identical with that of any other soil and water conservation district of this state or so nearly similar as to lead to confusion and uncertainty, the Secretary of State shall notify the department. The department shall submit to the Secretary of State a new name for the district that is not identical or substantially similar to the name of any other district. (5) Upon receipt of the new name, the Secretary of State shall record the application and statement, with the name so modified. (6) The formation of the district is final when the application and statement have been made, filed and recorded as provided in this section.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.420. Certificate of formation; boundaries of district. (1) The Secretary of State shall make and issue to the board of directors appointed under ORS
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.431. Petitions for inclusion of territory; conditions; referendum. (1) Except as provided under ORS 568.445, one or more landowners may petition the State Department of Agriculture to include the land of the petitioning landowners in an existing soil and water conservation district. The department shall prescribe the form for the petition. The petition must include, but need not be limited to, a legal description of the property, landowner information and the reasons for the proposed inclusion. (2) The department shall approve the petition if the department, in consultation with the district board of directors, determines that: (a) It is or would be feasible for the land described in the petition to receive services from the district; and (b) The work of the district would benefit the soil, water or natural resource conditions of the land described in the petition. (3) The department shall deny the petition if the department, in consultation with the district board, determines that: (a) It is not and would not be feasible for the land described in the petition to receive services from the district; or (b) The work of the district would not benefit the soil, water or natural resource conditions of the land described in the petition. (4) If the department approves the petition, the department shall redefine the boundaries of the district and make any adjustments to the district zones necessary to comply with ORS 568.560. (5) Land that becomes included in a district that has ad valorem tax authority is subject to taxes levied for the district after the inclusion date. The district board shall provide the notice of boundary change to the Department of Revenue and the county assessor under ORS 568.435. (6) If a petitioner disagrees with the decision of the department, the petitioner may initiate a referendum on the decision by submitting additional petitions signed by 10 percent or more of the electors residing in the existing district. The referendum election shall be governed by ORS chapter 255. Only electors residing in the existing district are eligible to cast ballots in the referendum election. (7) If a majority of the ballots cast at the referendum election are in favor of inclusion, the department shall approve the petition, redefine the boundaries of the district and make any adjustments to the district zones necessary to comply with ORS 568.560.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.433. Petitions for withdrawal of territory; conditions; referendum. (1) Except as provided in ORS 568.445, one or more landowners may petition the State Department of Agriculture to withdraw the land of the petitioning landowners from an existing soil and water conservation district. The department shall prescribe the form for the petition. The petition must include, but need not be limited to, a legal description of the property, landowner information and the reasons for the proposed withdrawal. (2) The department shall approve the petition if the department, in consultation with the district board of directors, determines that: (a) It is not and would not be feasible for the land described in the petition to receive services from the district; or (b) The work of the district would not benefit the soil, water or natural resource conditions of the land described in the petition. (3) The department shall deny the petition if the department, in consultation with the district board, determines that: (a) It is or would be feasible for the land described in the petition to receive services from the district; and (b) The work of the district would benefit the soil, water or natural resource conditions of the land described in the petition. (4) If the department approves the petition, the department shall redefine the boundaries of the district and make any adjustments to the district zones necessary to comply with ORS 568.560. (5) Land withdrawn from a district with an ad valorem tax is not subject to taxes levied for the district after the withdrawal date. The district board shall provide the notice of boundary change to the Department of Revenue and the county assessor under ORS 568.435. (6) If a petitioner disagrees with the decision of the department, the petitioner may initiate a referendum on the decision by submitting additional petitions signed by 10 percent or more of the electors residing in the existing district. The referendum election shall be governed by ORS chapter 255. Only electors residing in the existing district are eligible to cast ballots in the referendum election. (7) If a majority of the ballots cast at the referendum election are in favor of the withdrawal, the department shall approve the petition, redefine the boundaries of the district and make any adjustments to the district zones necessary to comply with ORS 568.560.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.435. Boundary change notice for taxation purposes. For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [2001 c.138 50] Note:
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.440. District legally formed; certificate as evidence. In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding or action of a soil and water conservation district, the district shall be deemed to have been formed in accordance with ORS 568.210 to 568.808 and 568.900 to 568.933 upon proof of the issuance by the Secretary of State of the certificate provided for in ORS 568.420 or 568.555. A copy of such certificate certified by the Secretary of State shall be admissible in evidence in any such suit, action or proceedings and shall be proof of the filing and contents of the certificate.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.445. Petitions for inclusion of territory wholly within another district; approval or disapproval by directors and department. (1) Proceedings for inclusion within a district territory adjacent thereto and located wholly within another district may be initiated by: (a) A petition for inclusion filed with the directors of the district within which the territory is proposed to be included, signed by 25 or two-thirds, whichever is the lesser, of the landowners of the adjacent territory; or (b) Resolutions for inclusion adopted by the board of directors of each district to be affected by the inclusion and filed with the State Department of Agriculture. (2) The department shall prescribe the form for such petitions. The directors of the district within which the territory is proposed to be included shall approve or disapprove such a petition. If they approve the petition, the directors shall forward it to the department. (3) Upon receipt of a petition forwarded as provided in subsection (2) of this section or a resolution as provided in subsection (1)(b) of this section, the department shall investigate the proposed inclusion of territory, taking into consideration: (a) The reasons for the proposed inclusion. (b) The reaction of the landowners of the district within which the territory in question is located to the proposed inclusion. (c) The effect of the inclusion on the district within which the territory in question is located and the district within which the territory is proposed to be included. (d) Any other matters deemed pertinent by the department. (4) After the investigation the department shall approve or disapprove the petition. If the department approves the petition, the inclusion of the territory within the one district and the withdrawal thereof from the other district shall be effective, and the department shall present to the Secretary of State a statement of such approval and a map of each district affected showing the new boundaries thereof. The Secretary of State, upon receipt of the statement and maps, shall make the necessary changes in the appropriate records in the office of the secretary.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.450. Procedure for consolidating districts. (1) Proceedings to consolidate two or more soil and water conservation districts may be initiated by: (a) Petitions to consolidate filed with the State Department of Agriculture by 500 electors or 10 percent of the electors, whichever is less, within the districts affected; or (b) Resolutions to consolidate adopted by the board of directors of each district to be affected by the consolidation and filed with the department. (2) The department shall prescribe the form for the petition. The petition must include, but need not be limited to, a legal description of the districts, name and contact information for the chief petitioner and the reasons for the proposed consolidation. (3) If consolidation is initiated as provided in this section, the department shall hold a public hearing no later than 60 days after receipt of the petitions or resolutions. The department shall conduct the public hearing for the purposes of reviewing the petitions or resolutions, discussing procedures and requirements under ORS 568.460, 568.471 and 568.545 and accepting public comment. (4)(a) If all of the districts involved in a consolidation have tax levies, the districts shall hold a referendum election on the consolidation unless: (A) No objections to the consolidation are received at the public hearing described in subsection (3) of this section; and (B) No later than 60 days after the public hearing described in subsection (3) of this section, a two-thirds majority of the board of directors in each of the districts votes to approve the consolidation and the boundaries of the consolidated district. (b) The permanent tax rate for the consolidated district shall be established as provided under section 11 (3)(d), Article XI of the Oregon Constitution. (5) If none of the districts involved in a consolidation have tax levies, the districts shall hold a referendum election on the consolidation unless: (a) No objections to the consolidation are received at the public hearing described in subsection (3) of this section; and (b) No later than 60 days after the public hearing described in subsection (3) of this section, a two-thirds majority of the board of directors in each of the districts votes to approve the consolidation and the boundaries of the consolidated district. (6) If a consolidation is between one or more districts having tax levies and one or more districts that do not have tax levies, the districts shall hold a referendum election on the consolidation. The ballot measure shall indicate that a single question is being proposed, consisting of whether the districts should consolidate into a single district for which the permanent rate limit specified in the ballot measure shall be adopted as the permanent rate limit of operating taxes for the consolidated district. (7) The counties containing the affected districts shall administer the referendum election process as provided under ORS chapter 255.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.460. Referendum; eligible electors; majority required. In the holding of the referendum for consolidation all electors residing within the affected districts shall be eligible to vote. Unless a majority of the electors in each of the districts involved votes in favor of the proposal, the districts shall not be consolidated. [Amended by 1973 c.656 7]
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.470. [Amended by 1961 c.236 1; repealed by 2009 c.220 34]
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.471. joint meeting, a majority of all the directors of all the former districts constitutes a quorum for the transaction of business. The directors so assembled shall elect seven persons from among their number to serve as directors of the consolidated district. The term of office of the directors elected as provided in this subsection shall be as provided in ORS 568.560 (6)(b). The number of directors of a consolidated district may be reduced to five in the manner provided in ORS 568.565. (2) The directors elected as provided in subsection (1) of this section shall select a chairperson, secretary and other necessary officers and select a regular date for the annual and other meetings.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.491. Termination of board of directors; appointment of board of trustees; notice of dissolution; certificate of dissolution. (1) If referendum election results favor the dissolution of a soil and water conservation district, or if the State Department of Agriculture orders the dissolution of a district under ORS 568.481 without a referendum election, the department shall declare the member positions of the district board of directors to be vacant and appoint three individuals to serve as a board of trustees for winding up the affairs of the district. (2) The board of trustees shall consult with the department for the purpose of implementing the plan of dissolution and liquidation and carrying out the following: (a) Payment of debts, or securing the release of debts, and disposing of district property. (b) Settling all books and other records of the district and delivering the records to the department. (c) Executing under oath, and filing with the department, a statement that the district has been dissolved and liquidated. (d) Transferring conservation easements and other contracts that are to remain in effect. (3) Upon receiving the statement of dissolution and liquidation from the trustees, the department shall give notice of the dissolution and of the termination of the corporate existence of the district for all purposes to: (a) The Secretary of State; (b) Affected county governments; (c) The Department of Revenue; (d) Known holders of valid indebtedness of the district; and (e) Other agencies or entities as the State Department of Agriculture deems appropriate. (4) Upon receiving notice from the State Department of Agriculture of district dissolution and termination of corporate status, the Secretary of State shall issue and record a certificate of dissolution for the district.