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Oregon Revised Statutes

Or. Rev. Stat. § 197.350 (2026)

Burden of persuasion or proof in appeal to board or commission

✓ current as of May 2026
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      197.350 Burden of persuasion or proof in appeal to board or commission. (1) A party appealing a land use decision or limited land use decision made by a local government to the board or Land Conservation and Development Commission has the burden of persuasion.

      (2) A local government that claims an exception to a goal adopted by the commission has the burden of persuasion.

      (3) There shall be no burden of proof in administrative proceedings under ORS chapters 195, 196, 197 and 197A. [1981 c.748 §10a; 1983 c.827 §43; 1991 c.817 §26]

      197.352 [2005 c.1; 2007 c.354 §28; 2007 c.424 §4; renumbered 195.305 in 2007]

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 1988–2026 · 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× “ORS 197.350(2) states that “[a] local government that claims an exception to a goal adopted by the commission has the burden of persuasion.”
Roberts v. City of Cannon Beach, 504 P.3d 1249 (Or. Ct. App. 2021). · cites it 2× “Notwithstanding ORS 197.350, the city must adopt findings supported by substantial evidence demonstrating the necessity of the reduction.”
Cent. Oregon LandWatch v. Jefferson Cnty., 347 Or. App. 454 (Or. Ct. App. 2026). “)); see also ORS 197.350(2) (local government bears burden of persuasion when taking an exception to a statewide planning goal).”
Cent. Oregon LandWatch v. Jefferson Cnty., 347 Or. App. 454 (Or. Ct. App. 2026). “)); see also ORS 197.350(2) (local government bears burden of persuasion when taking an exception to a statewide planning goal).”
— Or. Rev. Stat. § 197.350(2) — 3 cases
1000 Friends v. Land Conservation & Dev. Comm'n, 752 P.2d 271 (Or. 1988). “ORS 197.350(2) states that “[a] local government that claims an exception to a goal adopted by the commission has the burden of persuasion.”
Cent. Oregon LandWatch v. Jefferson Cnty., 347 Or. App. 454 (Or. Ct. App. 2026). “)); see also ORS 197.350(2) (local government bears burden of persuasion when taking an exception to a statewide planning goal).”
Cent. Oregon LandWatch v. Jefferson Cnty., 347 Or. App. 454 (Or. Ct. App. 2026). “)); see also ORS 197.350(2) (local government bears burden of persuasion when taking an exception to a statewide planning goal).”
— Or. Rev. Stat. § 197.350(3) — 1 case
1000 Friends v. Land Conservation & Dev. Comm'n, 752 P.2d 271 (Or. 1988). “ORS 197.350(2) states that “[a] local government that claims an exception to a goal adopted by the commission has the burden of persuasion.”
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