reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 194 - Uniform Law on Notarial Acts; Unsworn Foreign Declarations › Section 194.405 - Action for damages or injunction; attorney fees and costs; employer’s liability.

In addition to other remedies provided by law:
(1) A person injured by a violation of ORS 194.350 may bring an individual action in an appropriate court to enjoin the violation and may also recover actual damages or $200, whichever is greater. The court or the jury, as the case may be, may award punitive damages and the court may provide such equitable relief as it deems necessary or proper. In addition to any other remedies awarded by the court, the prevailing party may be awarded attorney fees and costs and disbursements, at trial and on appeal.
(2) If the person has not brought a civil action under subsection (1) of this section, the Secretary of State or Attorney General may bring a civil action on behalf of a person injured by a violation of ORS 194.350 to enjoin the violation and may also recover actual damages or $200, whichever is greater. The court may provide such equitable relief as it deems necessary or proper. In addition to any other remedies awarded by the court, the prevailing party may be awarded attorney fees and costs and disbursements, at trial and on appeal.
(3) An employer of a notary public is liable to the notary public for all damages recovered from the notary public as a result of a violation of any provision of this chapter or any rule adopted by the Secretary of State under this chapter that was coerced by threat of the employer, if the threat, such as that of demotion or dismissal, was made in reference to the particular notarial act that was the subject of the action.
(4) An action under this section must be commenced within six years after the cause of action has accrued. [2013 c.219 §44 (enacted in lieu of 194.200)]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 194 - Uniform Law on Notarial Acts; Unsworn Foreign Declarations › Section 194.415 - Attorney General to investigate or prosecute violation; payment of expenses.

(1) If the Secretary of State believes that an alleged violation of any provision of this chapter is not being investigated or prosecuted, the secretary may direct the Attorney General to take full charge of the investigation or prosecution.
(2) If directed under subsection (1) of this section, the Attorney General shall take full charge of the investigation or prosecution and the provisions of ORS 180.070, 180.080 and 180.090 shall apply.
(3) Notwithstanding ORS 180.070 (3), expenses associated with the Attorney General’s investigation or prosecution shall be paid from the Operating Account under ORS 56.041. [2013 c.219 §46 (enacted in lieu of 194.330)]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 194 - Uniform Law on Notarial Acts; Unsworn Foreign Declarations › Section 194.425 - Disposition of moneys.

All moneys received by the Secretary of State under this chapter shall be paid into the State Treasury and credited to the Operating Account under ORS 56.041. [2013 c.219 §48 (enacted in lieu of 194.700)]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 194 - Uniform Law on Notarial Acts; Unsworn Foreign Declarations › Section 194.435 - Uniformity of application and construction.

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to the subject matter of this chapter among states that enact the Revised Uniform Law on Notarial Acts. [2013 c.219 §49]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 194 - Uniform Law on Notarial Acts; Unsworn Foreign Declarations › Section 194.440 - Relation to Electronic Signatures in Global and National Commerce Act.

(1) Except as provided in subsection (2) of this section, this chapter modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq.
(2) This chapter does not:
(a) Modify, limit or supersede section 101(c) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001(c); or
(b) Authorize electronic delivery of any of the notices described in section 103(b) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7003(b). [2013 c.219 §50]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 194 - Uniform Law on Notarial Acts; Unsworn Foreign Declarations › Section 194.800 - Short title.

ORS 194.800 to 194.835 may be cited as the Uniform Unsworn Foreign Declarations Act. [2013 c.218 §1]
Note:
194.800 to 194.835 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 194 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 194 - Uniform Law on Notarial Acts; Unsworn Foreign Declarations › Section 194.805 - Definitions.

As used in ORS 194.800 to 194.835:
(1) "Boundaries of the United States" means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory or insular possession subject to the jurisdiction of the United States.
(2) "Law" includes the federal or a state Constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order and an administrative rule, regulation or order.
(3) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(4) "Sign" means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol, sound or process.
(5) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
(6) "Sworn declaration" means a declaration in a signed record given under oath. "Sworn declaration" includes a sworn statement, verification, certificate and affidavit.
(7) "Unsworn declaration" means a declaration in a signed record that is not given under oath, but is given under penalty of perjury. [2013 c.218 §2]
Note:
See note under 194.800.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 194 - Uniform Law on Notarial Acts; Unsworn Foreign Declarations › Section 194.810 - Applicability.

(1) ORS 194.800 to 194.835 apply to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States.
(2) ORS 194.800 to 194.835 do not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country or a federally recognized Indian tribe. [2013 c.218 §3]
Note:
See note under 194.800.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 194 - Uniform Law on Notarial Acts; Unsworn Foreign Declarations › Section 194.815 - Validity of unsworn declaration.

(1) Except as otherwise provided in subsection (2) of this section, if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of ORS 194.800 to 194.835 has the same effect as a sworn declaration.
(2) ORS 194.800 to 194.835 do not apply to:
(a) A deposition;
(b) An oath of office;
(c) An oath required to be given before a specified official other than a notary public;
(d) A declaration to be recorded pursuant to the recording laws of this state, including but not limited to ORS 205.130 and ORS chapters 92, 93, 94, 100 and 105; or
(e) An oath required by ORS 113.055 (1). [2013 c.218 §4]
Note:
See note under 194.800.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 194 - Uniform Law on Notarial Acts; Unsworn Foreign Declarations › Section 194.820 - Required medium.

If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium. [2013 c.218 §5]
Note:
See note under 194.800.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 194 - Uniform Law on Notarial Acts; Unsworn Foreign Declarations › Section 194.825 - Form of unsworn declaration.

An unsworn declaration under ORS 194.800 to 194.835 must be in substantially the following form:
______________________________________________________________________________
I declare under penalty of perjury under the law of Oregon that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory or insular possession subject to the jurisdiction of the United States.
Executed on the ___ day of ______, _____, at ____________, (date) (month) (year) (city or other location, and state)
____________
____________
____________
______________________________________________________________________________ [2013 c.218 §6]
Note:
See note under 194.800.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 194 - Uniform Law on Notarial Acts; Unsworn Foreign Declarations › Section 194.830 - Uniformity of application and construction.

In applying and construing ORS 194.800 to 194.835, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. [2013 c.218 §7]
Note:
See note under 194.800.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 194 - Uniform Law on Notarial Acts; Unsworn Foreign Declarations › Section 194.835 - Relation to Electronic Signatures in Global and National Commerce Act.

ORS 194.800 to 194.835 modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but do not modify, limit or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b). [2013 c.218 §8]
Note:
See note under 194.800.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 194 - Uniform Law on Notarial Acts; Unsworn Foreign Declarations › Section 194.980 - Civil penalties; factors; notice; hearing; rules.

(1) In addition to any other penalty provided by law, the Secretary of State may impose a civil penalty for each violation of any provision of this chapter or any rule adopted by the secretary under this chapter. The civil penalty shall be in the amount adopted under subsection (2) of this section, plus any costs of service or recording costs.
(2)(a) The Secretary of State by rule shall establish the amount of civil penalty that may be imposed for a particular violation. A civil penalty may not exceed $1,500 per violation.
(b) In imposing a penalty authorized by this section, the secretary may consider the following factors:
(A) The past history of the individual incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.
(B) Any prior violations.
(C) The gravity and magnitude of the violation.
(D) Whether the violation was repeated or continuous.
(E) Whether the cause of the violation was an unavoidable accident, negligence or an intentional act.
(F) Any relevant rule of the secretary.
(G) The notary public’s cooperativeness and efforts to correct the violation.
(c) The penalty imposed under this section may be paid upon those terms and conditions as the secretary determines to be proper and consistent with the public benefit. Upon request of the notary public incurring the penalty, the secretary shall consider evidence of the economic and financial condition of the notary public in determining whether a penalty shall be paid.
(3) Imposition or payment of a civil penalty under this section is not a bar to any action described in ORS 194.405, to a criminal proceeding or to a proceeding under ORS 194.340.
(4) A civil penalty may not be imposed under this section until the notary public incurring the penalty has been given notice in writing from the Secretary of State specifying the violation. The notice is in addition to the notice required under ORS 183.745 and shall be served in the same manner as the notice required under ORS 183.745.
(5)(a) After initial notice as provided in subsection (4) of this section, a civil penalty may be imposed in the manner provided in ORS 183.745.
(b) The Secretary of State may delegate to a hearings officer appointed by the secretary, upon such conditions as deemed necessary, all or part of the authority to conduct hearings required under ORS 183.745.
(6) Notwithstanding ORS 180.070 (3), expenses incurred by the Secretary of State or Attorney General under subsections (1) to (5) of this section or under ORS 194.405 (2) shall be paid from the Operating Account under ORS 56.041.
(7) All civil penalties and costs recovered under this section shall be paid into the Operating Account under ORS 56.041. [1989 c.976 §28; 1991 c.734 §11; 1993 c.66 §12; 2013 c.219 §51]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 194 - Uniform Law on Notarial Acts; Unsworn Foreign Declarations › Section 194.985 - Official Warning to Cease Violation.

In lieu of a civil penalty imposed under ORS 194.980, the Secretary of State may deliver a written Official Warning to Cease Violation to any notary public whose actions are judged by the secretary to be a violation of any provision of this chapter or any rule adopted by the secretary under this chapter. [1989 c.976 §27; 2013 c.219 §52]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 194 - Uniform Law on Notarial Acts; Unsworn Foreign Declarations › Section 194.990 - Criminal penalties.

(1)(a) A notary public who knowingly performs or fails to perform any act prohibited or mandated respectively by this chapter, or rules adopted by the Secretary of State under this chapter, is guilty of a Class B misdemeanor.
(b) Any individual not a notary public who knowingly acts as or otherwise impersonates a notary public is guilty of a Class B misdemeanor.
(c) Any person who knowingly obtains, conceals, defaces or destroys the official seal, journal or official records of a notary public is guilty of a Class B misdemeanor.
(d) Any person who knowingly solicits, coerces or in any way influences a notary public to commit a violation of any provision of this chapter, or any rule adopted by the secretary under this chapter, is guilty of a Class B misdemeanor.
(2) The penalties described in subsection (1) of this section are in addition to other remedies provided by law.
(3) The clerk of the court in which a conviction under any provision of subsection (1) of this section is had shall transmit to the Secretary of State a duly certified copy of the judgment, which is sufficient grounds for revocation of the commission of the convicted notary public. [Amended by 1967 c.541 §21; 1989 c.976 §34; 2013 c.219 §53]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.025 - Regional coordination of planning activities; alternatives.

(1) In addition to the responsibilities stated in ORS 197.175, each county, through its governing body, shall be responsible for coordinating all planning activities affecting land uses within the county, including planning activities of the county, cities, special districts and state agencies, to assure an integrated comprehensive plan for the entire area of the county. In addition to being subject to the provisions of ORS chapters 195, 196, 197 and 197A with respect to city or special district boundary changes, as defined by ORS 197.175 (1), the governing body of the metropolitan service district shall be considered the county review, advisory and coordinative body for Multnomah, Clackamas and Washington Counties for the areas within that district.
(2) For the purposes of carrying out ORS chapters 195, 196, 197 and 197A, counties may voluntarily join together with adjacent counties as authorized in ORS 190.003 to 190.620.
(3) Whenever counties and cities representing 51 percent of the population in their area petition the Land Conservation and Development Commission for an election in their area to form a regional planning agency to exercise the authority of the counties under subsection (1) of this section in the area, the commission shall review the petition. If it finds that the area described in the petition forms a reasonable planning unit, it shall call an election in the area on a date specified in ORS 203.085, to form a regional planning agency. The election shall be conducted in the manner provided in ORS chapter 255. The county clerk shall be considered the elections officer and the commission shall be considered the district elections authority. The agency shall be considered established if the majority of votes favor the establishment.
(4) If a voluntary association of local governments adopts a resolution ratified by each participating county and a majority of the participating cities therein which authorizes the association to perform the review, advisory and coordination functions assigned to the counties under subsection (1) of this section, the association may perform such duties. [Formerly 197.190]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.036 - Metro area population forecast; coordination.

Metro, in coordination with local governments within its boundary, shall issue a population forecast for the entire area within its boundary to be applied by Metro and local governments within the boundary of Metro as a basis for changes to comprehensive plans and land use regulations. The forecasted population data must be segmented by race, ethnicity and disability status. [1995 c.547 §7 (enacted in lieu of 195.035); 2013 c.574 §4; 2023 c.13 §41]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.040 - Annual county reports on comprehensive planning compliance.

Upon the expiration of one year after the date of the approval of the goals and guidelines and annually thereafter, each county governing body, upon request of the Land Conservation and Development Commission, shall report to the commission on the status of comprehensive plans within each county. Each report shall include:
(1) Copies of comprehensive plans reviewed by the county governing body and copies of land use regulations applied to areas of critical state concern within the county.
(2) For those areas or jurisdictions within the county without comprehensive plans, a statement and review of the progress made toward compliance with the goals. [Formerly 197.260]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.060 - Definition of "district."

As used in ORS 195.020 and 195.065 to 195.085, unless the context requires otherwise, "district" or "special district" has the meaning given the term "district" in ORS 198.010 and also includes a county service district organized under ORS chapter 451. [1993 c.804 §12; 2023 c.13 §73]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.070 - Agreement factors.

(1) The following factors shall be considered in establishing urban service agreements under ORS 195.065:
(a) Financial, operational and managerial capacity to provide the service;
(b) The effect on the cost of the urban service to the users of the service, the quality and quantity of the service provided and the ability of urban service users to identify and contact service providers, and to determine their accountability, with ease;
(c) Physical factors related to the provision of the urban service;
(d) The feasibility of creating a new entity for the provision of the urban service;
(e) The elimination or avoidance of unnecessary duplication of facilities;
(f) Economic, demographic and sociological trends and projections relevant to the provision of the urban service;
(g) The allocation of charges among urban service users in a manner that reflects differences in the costs of providing services to the users;
(h) Matching the recipients of tax supported urban services with the payers of the tax;
(i) The equitable allocation of costs between new development and prior development; and
(j) Economies of scale.
(2) The extent of consideration of the factors set forth in subsection (1) of this section is a matter of local government and special district discretion. [1993 c.804 §4]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.075 - Agreement provisions and considerations.

(1) Urban service agreements entered into under ORS 195.065 shall provide for the continuation of an adequate level of urban services to the entire area that each provider serves. If an urban service agreement calls for significant reductions in the territory of a special service district, the urban service agreement shall specify how the remaining portion of the district is to receive services in an affordable manner.
(2) Units of local government and special districts that enter into an urban service agreement shall consider the agreement’s effect on the financial integrity and operational ability of each service provider and its protection of the solvency and commitments of affected service providers. When an urban service agreement provides for the elimination, consolidation or reduction in size of a service provider, the urban service agreement shall address:
(a) The capital debt of the provider and short- and long-term finances;
(b) Rates;
(c) Employee compensation, benefits and job security; and
(d) Equality of service. [1993 c.804 §5]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.080 - Application of comprehensive plans and land use regulations.

Nothing in ORS 195.020, 195.060 to 195.085, 195.205 to 195.235, 197.005, 197.319, 197.320, 197.335 and 223.304 shall be construed to prevent planning for, installation of or connection to public facilities or services consistent with acknowledged comprehensive plans and land use regulations. [1993 c.804 §6]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.085 - Compliance deadlines.

(1) Local governments and special districts shall demonstrate compliance with ORS 195.020 and 195.065.
(2) The Land Conservation and Development Commission may adjust the deadline for compliance under this section when cities and counties that are parties to an agreement under ORS 195.020 and 195.065 are scheduled for periodic review at different times.
(3) Local governments and special districts that are parties to an agreement in effect on November 4, 1993, which provides for the future provision of an urban service shall demonstrate compliance with ORS 195.065 no later than the date such agreement expires or the second periodic review that begins after November 4, 1993, whichever comes first.
(4) An urban service agreement in effect on April 1, 2014, does not apply to real property described as Area 2 on Metro’s map denominated "2011 UGB Expansion Areas, Ordinance 11-1264B, Exhibit A, October, 2011." [1993 c.804 §§7,8; 2014 c.92 §7]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.115 - Reducing barriers for pedestrian and bicycle access to schools.

City and county governing bodies shall work with school district personnel to identify barriers and hazards to children walking or bicycling to and from school. The cities, counties and districts may develop a plan for the funding of improvements designed to reduce the barriers and hazards identified. [2001 c.940 §1]
Note:
195.115 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.120 - Rules and planning goal amendments for parks required; allowable uses; application of certain land use laws.

(1) The Legislative Assembly finds that Oregon’s parks are special places and the protection of parks for the use and enjoyment of present and future generations is a matter of statewide concern.
(2) The Land Conservation and Development Commission, in cooperation with the State Parks and Recreation Commission and representatives of local government, shall adopt rules and land use planning goal amendments as necessary to provide for:
(a) Allowable uses in state and local parks that have adopted master plans;
(b) Local government planning necessary to implement state park master plans; and
(c) Coordination and dispute resolution among state and local agencies regarding planning and activities in state parks.
(3) Rules and goal amendments adopted under subsection (2) of this section shall provide for the following uses in state parks:
(a) Campgrounds, day use areas and supporting infrastructure, amenities and accessory visitor service facilities designed to meet the needs of park visitors;
(b) Recreational trails and boating facilities;
(c) Facilities supporting resource-interpretive and educational activities for park visitors;
(d) Park maintenance workshops, staff support facilities and administrative offices;
(e) Uses that directly support resource-based outdoor recreation; and
(f) Other park uses adopted by the Land Conservation and Development Commission.
(4) A local government shall not be required to adopt an exception under ORS 197.732 from a land use planning goal protecting agriculture or forestry resources to authorize a use identified by rule of the Land Conservation and Development Commission under this section in a state or local park.
(5) A local government shall comply with the provisions of ORS 215.296 for all uses and activities proposed in or adjacent to an exclusive farm use zone described in the state or local master plan as adopted by the local government and made a part of its comprehensive plan and land use regulation. [1997 c.604 §3]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.125 - Existing uses in state parks; approval by local governments.

Existing uses and facilities in all state parks on July 25, 1997, shall be allowed to continue. The following uses and activities shall be approved by a local government subject only to clear and objective siting criteria, which criteria, either individually or cumulatively, shall not prohibit the use or activity of:
(1) The repair and renovation of existing facilities;
(2) The replacement of existing facilities and services, including minor location changes; and
(3) The minor expansion of existing uses and facilities. [1997 c.604 §4]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.144

[2014 c.92 §3; 2015 c.150 §1; 2019 c.199 §1; 2021 c.184 §1; renumbered 197A.250 in 2023]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.145

[1993 c.804 §19; 1999 c.622 §6; 2007 c.723 §6; 2011 c.150 §1; 2011 c.726 §1; 2023 c.13 §33; 2023 c.326 §18; renumbered 197A.245 in 2023]
URBAN SERVICE PROVIDER ANNEXATION
Note:
Sections 1, 2 and 11, chapter 539, Oregon Laws 2005, provide:
Sec. 1.
Section 2 of this 2005 Act is added to and made a part of ORS 195.205 to 195.225. [2005 c.539 §1]
Sec. 2.
(1) A lot, parcel or tract may not be included in territory proposed to be annexed unless the owner of the lot, parcel or tract gives written consent to the annexation, if the lot, parcel or tract:
(a) Is zoned for industrial use or designated for industrial use zoning in an acknowledged comprehensive plan;
(b) Is land on which no electors reside, unless one or more electors living on-site are employed or engaged to provide security services for the industrial user of the land;
(c) Has an assessed value of more than $2 million, including improvements; and
(d) Is in unincorporated Jackson County within the urban unincorporated community of White City, west of Oregon Route 62.
(2) After annexation of a lot, parcel or tract described in subsection (1) of this section, the development rights that apply to the lot, parcel or tract under the industrial zoning classification applicable to the lot, parcel or tract when it is annexed are retained and run with the lot, parcel or tract.
(3) As used in this section, "urban unincorporated community" means an unincorporated community that:
(a) Includes at least 150 permanent residential dwelling units;
(b) Contains a mixture of land uses, including three or more public, commercial or industrial land uses;
(c) Includes areas served by a community sewer system; and
(d) Includes areas served by a community water system. [2005 c.539 §2; 2016 c.121 §1]
Sec. 11.
Sections 2, 4, 6, 8 and 10, chapter 539, Oregon Laws 2005, are repealed June 30, 2026. [2005 c.539 §11; 2016 c.121 §6]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.205 - Annexation by provider; prerequisites to vote; public hearing.

(1) A city or district that provides an urban service may annex territory under ORS 195.020, 195.060 to 195.085, 195.205 to 195.235, 197.005, 197.319, 197.320, 197.335 and 223.304 that:
(a) Is situated within an urban growth boundary; and
(b) Is contained within an annexation plan adopted pursuant to ORS 195.020, 195.060 to 195.085, 195.205 to 195.235, 197.005, 197.319, 197.320, 197.335 and 223.304.
(2) A city or district may submit an annexation plan to a vote under subsection (5) of this section only if, prior to the submission of the annexation plan to a vote:
(a) The territory contained in the annexation plan is subject to urban service agreements among all appropriate counties and cities and the providers of urban services within the territory, as required by ORS 195.065 and 195.070, and:
(A) Such urban service agreements were in effect on November 4, 1993; or
(B) They expressly state that they may be relied upon as a prerequisite of the annexation method authorized by ORS 195.020, 195.060 to 195.085, 195.205 to 195.235, 197.005, 197.319, 197.320, 197.335 and 223.304; and
(b) The territory contained in the annexation plan is subject to an agreement between the city and county addressing fiscal impacts, if the annexation is by a city and will cause reductions in the county property tax revenues by operation of section 11b, Article XI of the Oregon Constitution.
(3) Prior to adopting an annexation plan, the governing body of a city or district shall hold a public hearing at which time interested persons may appear and be heard on the question of establishing the annexation plan.
(4) The governing body of the city or district shall cause notice of the hearing to be published, once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the city or district.
(5) If after the public hearing required under subsection (3) of this section, the governing body of the city or district decides to proceed with the annexation plan, it shall cause the annexation plan to be submitted to the electors of the city or district and to the electors of the territory proposed to be annexed under the annexation plan. The proposed annexation plan may be voted upon at a general election or at a special election to be held for that purpose. [1993 c.804 §13]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.210 - Election procedures.

(1) The statement summarizing the measure and its major effect in the ballot title of a proposal for adoption of an annexation plan shall contain a general description of the boundaries of each territory proposed to be annexed. The description shall use streets and other generally recognized features. Notwithstanding ORS 250.035, the statement summarizing the measure and its major effect may not exceed 150 words.
(2) The notice of an annexation plan election shall be given as provided in ORS 254.095, except that in addition the notice shall contain a map indicating the boundaries of each territory proposed to be annexed. [1993 c.804 §14; 1995 c.79 §72; 1995 c.534 §9; 2007 c.154 §58]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.215 - Election certification; order.

(1) The governing body of the city or district shall determine the results of the election from the official figures returned by the county clerk. If the governing body of the city finds that a majority of the votes cast in the territory and a majority of the votes cast in the city favor the annexation plan, the governing body, by resolution or ordinance, shall declare the adoption of the annexation plan. The governing body of the district shall certify the results of the election to the appropriate county governing body. When a majority of the votes cast in the territory and a majority of the votes cast in the district favor the annexation plan, the county governing body by order shall so declare. The resolution, ordinance or order declaring approval of the annexation plan must contain a legal description of each territory annexed.
(2) Annexation of particular tracts of territory takes effect in accordance with the provisions of the adopted annexation plan. [1993 c.804 §15; 2005 c.388 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.220 - Annexation plan provisions.

(1) An annexation plan adopted under ORS 195.205 shall include:
(a) The timing and sequence of annexation.
(b) Local standards of urban service availability required as a precondition of annexation.
(c) The planned schedule for providing urban services to the annexed territory.
(d) The effects on existing urban services providers.
(e) The long-term benefits of the annexation plan.
(2) An annexation plan shall be consistent with all applicable comprehensive plans. [1993 c.804 §16; 1997 c.541 §341]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.225 - Boundary commission review; action; plan amendment; election.

(1) In areas subject to the jurisdiction of a local government boundary commission, the boundary commission shall conduct an advisory review of an annexation plan for conformity with annexation plan requirements set forth in ORS 195.220, 199.462 and the rules of procedure of the Land Conservation and Development Commission.
(2) If a boundary commission finds that an annexation plan does not comply with ORS 195.220, 199.462 or the procedural rules of the commission, the boundary commission, by order, shall disapprove the annexation plan and return the plan to the governing body of the city or district. The order of the boundary commission that disapproves an annexation plan shall describe with particularity the provisions of the annexation plan that do not comply with ORS 195.220, 199.462 or the procedural rules of the commission and shall specifically indicate the reasons for noncompliance.
(3) The governing body of the city or district, upon receiving an order of the boundary commission that disapproves an annexation plan, may amend the plan and resubmit the amended plan to the boundary commission.
(4) After a boundary commission reviews an annexation plan, the annexation plan shall be submitted to the electors of the city or district and affected territory as provided in ORS 195.205.
(5) Notwithstanding ORS chapter 199, annexations provided for in an annexation plan approved by the electors of a city or district and affected territory do not require the approval of a local government boundary commission.
(6) A city or district shall submit an annexation plan approved by the electors and a copy of the resolution, ordinance, order or proclamation proclaiming an annexation under an approved annexation plan to the local government boundary commission filing with the Secretary of State, Department of Revenue, assessor and county clerk of each county in which the affected territory is located. [1993 c.804 §17]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.235 - Application of other annexation procedures.

The method of annexing territory to cities or districts set forth in ORS 195.205 to 195.225 is in addition to and does not affect or prohibit other methods of annexation authorized by law. [1993 c.804 §18]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.250 - Definitions for ORS 195.250 to 195.260.

As used in ORS 195.250 to 195.260:
(1) "Further review area" means an area of land within which further site specific review should occur before land management or building activities begin because either the State Department of Geology and Mineral Industries or the State Forestry Department determines that the area reasonably could be expected to include sites that experience rapidly moving landslides as a result of excessive rainfall.
(2) "Landslide" means any detached mass of soil, rock or debris that is of sufficient size to cause damage and that moves down a slope or a stream channel.
(3) "Rapidly moving landslide" means a landslide that is difficult for people to outrun or escape. [1999 c.1103 §1]
Note:
195.250 to 195.260 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.253 - Policy.

The Legislative Assembly declares that it is the policy of the State of Oregon that:
(1) Each property owner, each highway user and all federal, state and local governments share the responsibility for making sound decisions regarding activities that may affect landslide hazards and the associated risks of property damage or personal injury.
(2) In keeping with the concept of shared responsibility where individuals are primarily responsible for making sound decisions to protect personal interests, regulation applied pursuant to ORS 195.250 to 195.260 shall be restricted to reducing the risk of serious bodily injury or death that may result from rapidly moving landslides.
(3) In recognition of the need for consistent treatment and coordination of actions relating to rapidly moving landslides and because of the potential for serious bodily injury or death as a result of rapidly moving landslides and the effect of rapidly moving landslides on the ability of people to use their property, ORS 195.250 to 195.260 shall be regarded as the controlling policy of this state for rapidly moving landslides. [1999 c.1103 §2]
Note:
See note under 195.250.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.256 - Legislative findings.

The Legislative Assembly finds that:
(1) Many locations in Oregon are subject to naturally occurring landslide hazards, and some human activities may accelerate the incidence or increase the adverse effects of those hazards.
(2) Rapidly moving landslides present the greatest risk to human life, and persons living in or traveling through areas prone to rapidly moving landslides are at increased risk of serious bodily injury or death.
(3) Although some risk from rapidly moving landslides can be mitigated through proper siting and construction techniques, sites that are vulnerable to impact from rapidly moving landslides are generally unsuitable for permanent habitation.
(4) Activities that require sound decisions to mitigate rapidly moving landslide hazards and risks include but are not limited to:
(a) Siting or constructing homes or other structures in areas prone to rapidly moving landslides;
(b) Occupying existing homes or other structures in areas prone to rapidly moving landslides during periods of high risk due to heavy or extended rainfall;
(c) Conducting land management activities that may adversely alter the susceptibility of land to rapidly moving landslides; and
(d) Operating motor vehicles in areas known to be subject to rapidly moving landslides. [1999 c.1103 §3]
Note:
See note under 195.250.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.301 - Legislative findings.

(1) The Legislative Assembly finds that:
(a) In some situations, land use regulations unfairly burden particular property owners.
(b) To address these situations, it is necessary to amend Oregon’s land use statutes to provide just compensation for unfair burdens caused by land use regulations.
(2) The purpose of ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, and the amendments to Ballot Measure 37 (2004) is to modify Ballot Measure 37 (2004) to ensure that Oregon law provides just compensation for unfair burdens while retaining Oregon’s protections for farm and forest uses and the state’s water resources. [2007 c.424 §3]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.308 - Exception to requirement for compensation.

Notwithstanding the requirement to pay just compensation for certain land use regulations under ORS 195.305 (1), compensation is not due for:
(1) The enforcement or enactment of a land use regulation established in ORS 30.930 to 30.947, 527.310 to 527.370, 561.995, 569.360 to 569.495, 570.010 to 570.050, 570.105 to 570.190, 570.305, 570.310, 570.320 to 570.360, 570.405, 570.412, 570.420, 570.425, 570.450, 570.700 to 570.710, 570.755, 570.770, 570.775, 570.780, 570.790, 570.800, 570.995, 596.095, 596.100, 596.105, 596.393, 596.990 or 596.995 or in administrative rules or statewide plans implementing these statutes.
(2) The enforcement, adoption or amendment of a rule adopted or amended by the State Board of Forestry:
(a) As part of the rule package described in ORS 527.711.
(b) After the board has considered reports that pertain to the rule from the Adaptive Management Program Committee and the Independent Research and Science Team described in ORS 527.732 and 527.733. [2007 c.490 §1; 2009 c.98 §11; 2015 c.203 §27; 2022 c.33 §9]
Note:
The amendments to 195.308 by section 65, chapter 33, Oregon Laws 2022, become operative only if certain conditions are met. See sections 54 and 61 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711). 195.308, as amended by section 65, chapter 33, Oregon Laws 2022, is set forth for the user’s convenience.
Notwithstanding the requirement to pay just compensation for certain land use regulations under ORS 195.305 (1), compensation is not due for the enforcement or enactment of a land use regulation established in ORS 30.930 to 30.947, 527.310 to 527.370, 561.995, 569.360 to 569.495, 570.010 to 570.050, 570.105 to 570.190, 570.305, 570.310, 570.320 to 570.360, 570.405, 570.412, 570.420, 570.425, 570.450, 570.700 to 570.710, 570.755, 570.770, 570.775, 570.780, 570.790, 570.800, 570.995, 596.095, 596.100, 596.105, 596.393, 596.990 or 596.995 or in administrative rules or statewide plans implementing these statutes.
Note:
195.308 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.