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Oregon Revised Statutes

Or. Rev. Stat. § 197.805 (2026)

Policy on review of land use decisions

✓ current as of May 2026
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      197.805 Policy on review of land use decisions. It is the policy of the Legislative Assembly that time is of the essence in reaching final decisions in matters involving land use and that those decisions be made consistently with sound principles governing judicial review. It is the intent of the Legislative Assembly in enacting ORS 197.805 to 197.855 to accomplish these objectives. [1979 c.772 §1a; 1983 c.827 §28]

Notes of Decisions
Cited in 52 cases (9 in the last 5 years), 1984–2025 · leading case: Just v. City of Lebanon, 88 P.3d 312 (Or. Ct. App. 2004).
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Just v. City of Lebanon, 88 P.3d 312 (Or. Ct. App. 2004). · cites it 20× “” Second, ORS 197.805 provides, in part, that LUBA’s “decisions be made consistently with sound principles governing judicial review.”
Johnson v. Landwatch Lane Cnty., 327 Or. App. 485 (Or. Ct. App. 2023). · cites it 4× “It highlighted the impor- tance of finality in land use decisions, pointing to the state’s policy that such matters be expeditiously and consistently decided according to sound principles of judicial review, cod- ified in ORS 197.805: “It is the policy of the Legislative…”
Younger v. City of Portland, 752 P.2d 262 (Or. 1988). · cites it 2× “Indeed, one of the principal purposes of creating LUBA was to simplify the task of courts reviewing land use decisions, thereby speeding the process of judicial review.”
Simon v. Bd. of Cnty. Commissioners, 755 P.2d 741 (Or. Ct. App. 1988). · cites it 4× “ORS 197.805 et seq creates a comprehensive system for reviewing land use decisions.”
Friends of Oregon v. LCDC (Clatsop Co.), 724 P.2d 805 (Or. 1986). · cites it 2× “" ORS 197.805. [4] Where, as here, the acknowledgment request comes subsequent to a continuance order, LCDC, by its own rule, must expedite reconsideration of the request.”
State ex rel. Compass Corp. v. City of Lake Oswego, 878 P.2d 403 (Or. 1994). · cites it 2× “ORS 197.805 provides: “It is the policy of the Legislative Assembly that time is of the essence in reaching final decisions in matters involving land use and that those decisions be made consistently with sound principles governing judicial review.”
Windlinkx Ranch Trust v. Deschutes Cnty., 334 Or. App. 240 (Or. Ct. App. 2024). · cites it 3× “We noted the clear legislative pol- icy under ORS 197.805 to avoid piecemeal land use litigation that results in unending appeals.”
Botts Marsh LLC v. City of Wheeler, 532 P.3d 544 (Or. Ct. App. 2023). · cites it 2× “The city frames the issue as one of preservation: that applicant did not expressly argue that the city’s failure to reopen the record on remand was a procedural error that affected appli- cant’s substantial rights; that the issue is therefore unpre- served; and that LUBA…”
Beck v. City of Tillamook, 831 P.2d 678 (Or. 1992). “” ORS 197.805. The statute that governs judicial review of LUBA orders is ORS 197.”
Smith v. Douglas Cnty., 777 P.2d 1377 (Or. 1989). · cites it 3× “See ORS 197.805. That might in some cases be a way to *196 further the legislative policy.”
Fechtig v. City of Albany, 946 P.2d 280 (Or. Ct. App. 1997). · cites it 2× “ORS 197.805 requires the review of land use decisions by LUBA and the courts to be conducted in accordance with “sound principles governing judicial review.”
Flight Shop, Inc. v. Leading Edge Aviation, Inc., 373 P.3d 177 (Or. Ct. App. 2016). “805 (“It is the policy of the Legislative Assembly that time is of the essence in reaching final decisions in matters involving land use and that those decisions be made consistently with sound principles governing judicial review.”). The jurisdictional line between the circuit…”
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