Oregon Revised Statutes

Or. Rev. Stat. § 197.265 (2026)

State compensation for costs of defending compliance actions

✓ current as of May 2026

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197.265 State compensation for costs of defending compliance actions. (1) As used in this section, “action” includes but is not limited to a proceeding under ORS 197.830 to 197.845.

(2) If any action is brought against a local government challenging any comprehensive plan, land use regulation or other action of the local government which was adopted or taken for the primary purpose of complying with the goals approved under ORS 197.240 and which does in fact comply with the goals, then the Land Conservation and Development Commission shall pay reasonable attorney fees and court costs incurred by such local government in the action or suit including any appeal, to the extent funds have been specifically appropriated to the commission therefor. [1977 c.898 §2; 1979 c.772 §7b; 1981 c.748 §39; 1983 c.827 §6]

Notes of Decisions

Cited in 2 cases, 1983–1988 · leading case: 1000 Friends v. Land Conservation & Dev. Comm'n, 752 P.2d 271 (Or. 1988).

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1000 Friends v. Land Conservation & Dev. Comm'n, 752 P.2d 271 (Or. 1988). · cites it 2× “Later in the same session, ORS 197.265 was adopted. Subsection (2) provides: “If any action is brought against a local government challenging any comprehensive plan, land use regulation or other action of the local government which was adopted or taken for the primary purpose of…”

Ochoco Constr., Inc. v. Dep't of Land Conservation & Dev., 667 P.2d 499 (Or. 1983). “11 In addition, ORS 197.265 provides for potential reimbursement to the city or county by the Commission for court costs and reasonable attorney fees incurred in defending certain suits or actions brought to challenge plans and ordinances which are in compliance with statewide…”

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