Title 202 · ORS Chapter 202

202.320���� Place of return of processes, writs, bonds, notices and other papers ����� 202.010 �County court� defined. As used in this chapter, unless the context requires otherwise, the term �cou

Citation: ORS 202.320

Section: 202.320

202.320���� Place of return of processes, writs, bonds, notices and other papers

����� 202.010 �County court� defined. As used in this chapter, unless the context requires otherwise, the term �county court� includes board of county commissioners.

����� 202.020 Petitions to form new counties or change existing county boundaries. Whenever it is desired to form a new county out of one or more then existing counties or to change the boundaries of then existing counties, a petition praying for the formation of such new counties or for the change of the boundaries of then existing counties, describing the territory proposed to be incorporated in the new county or changed from one county to another, together with the name of the proposed new county, if for that purpose, or the name of the then existing county to be eliminated, if any county would be eliminated by the change of boundaries as proposed, signed by a majority of the electors registered in the territory to be embraced in the new county or registered in the territory to be embraced in the change of county boundaries, shall be presented to the county court of each county to be affected by the proposed formation of a new county. Where any existing county would be eliminated by such change of county boundaries the petition shall be signed by not less than 40 percent of the electors of the county to be eliminated. [Amended by 1983 c.83 �14]

����� 202.030 Election order; conduct of election; ballot title. (1) If the county court finds that the proposed changes will not result in any new or remaining county having an assessed valuation, area or population less than required by the Constitution of this state, the county court shall call an election on a date specified in ORS 203.085 for the purpose of submitting the question of:

����� (a) The formation of the new county to the electors registered within the limits of the proposed new county;

����� (b) The elimination of an existing county to the electors of each county affected by the change; or

����� (c) The change in county boundaries to the electors of each county affected by the change when the change does not result in the formation of a new county.

����� (2) Except as provided in ORS 202.050 and 202.060, the election shall be conducted in accordance with ORS chapters 246 to 260.

����� (3) The ballot title for determination of a question submitted under this section shall be prepared as provided in ORS 250.185. [Amended by 1983 c.350 �10; 1999 c.708 �1]

����� 202.040 Commissioners to arrange terms on proposal to change boundaries. (1) In case the petition provided for in ORS 202.020 is for a change in the boundaries of existing counties, but not for the elimination of any then existing county, the county courts of the counties concerned shall appoint two commissioners each to act with the commissioners of the other counties and arrange the terms in respect to assumption of liabilities and division of assets among the counties concerned, upon which such change shall be made.

����� (2) If within 30 days after the appointment of the commissioners they have not agreed upon terms, the Governor, upon request of the county court of any county concerned, shall appoint commissioners equal in number to one-half the commissioners already appointed by the counties, who shall meet with such commissioners and draft terms.

����� (3) Within 60 days thereafter a majority of the commissioners may report to respective county courts a plan for division, which, in addition to the matters mentioned in subsection (1) of this section, may define the territory embraced in the proposed changes.

����� (4) When made within such time the plan shall be reported by the commissioners to the respective county courts, and if approved by a vote, as provided in ORS 202.030 and 202.060, it shall become a compact between and among such counties, binding upon all. [Amended by 1983 c.350 �11]

����� 202.050 Certification of election to Secretary of State. The county clerk in each county in which an election under ORS 202.030 is held shall certify to the Secretary of State a copy of the summary of votes cast on the question of creating a new county or changing boundaries. The county clerk also shall certify to the Secretary of State the name, territorial contents and boundaries of the new county, or the names, territorial contents and boundaries of the counties affected by the change in boundaries. [Amended by 1983 c.350 �12]

����� 202.060 Proclamation by Governor. (1) The Governor shall issue a proclamation declaring a new county created if an election for the purpose of establishing a new county is held and a majority of all electors registered within the limits of the proposed new county voted at the election in favor of the creation of the new county.

����� (2) The Governor shall issue a proclamation declaring the change in county boundaries if an election for the purpose of changing county boundaries is held, and if a majority of all the electors of each of the counties to be affected by the change in boundaries voted in favor of the proposed change in county boundaries.

����� (3) If a county is eliminated pursuant to a boundary change under subsection (1) or (2) of this section, the Governor shall declare in the proclamation what counties were eliminated by the change. [Amended by 1983 c.83 �15; 1999 c.708 �2]

����� 202.070 Operation and effect of proclamation. (1) If the election was for the purpose of establishing a new county, it thereafter shall be a county for all civil, military and other purposes.

����� (2) If the election was for the purpose of changing county boundaries, the boundaries of the county shall be changed to conform to the description furnished by the county clerk in the certificate provided in ORS 202.050. If such change in county boundaries resulted in the elimination of any existing county, thereafter the eliminated county shall cease to function and the authority of its officers shall cease for all purposes other than the auditing and paying of all outstanding claims against such county and the safekeeping of all county property until proper transfers and assignments of the same have been made.

����� (3) If the election was for the purpose of changing county boundaries, the change shall take effect within 30 days after the Governor issues the proclamation provided for in ORS 202.060 and the territory taken from any county and added to another county by reason of the change shall become a part of the county to which it has been added and for all purposes shall be deemed a portion thereof and be governed by the laws of this state relating to counties.

����� 202.080 Boundaries to conform to established legal subdivisions; filing boundary change with county assessor and Department of Revenue. (1) In the establishment of any proposed new county and in the establishment of the boundaries of counties in which a change is proposed, the same shall be made to conform to the established government legal subdivisions.

����� (2) 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