Oregon Revised Statutes

Or. Rev. Stat. § 222.040 (2026)

Delay of effective date of actions under this chapter because of election; effective date of certain annexations and transfers of territory

✓ current as of May 2026

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222.040 Delay of effective date of actions under this chapter because of election; effective date of certain annexations and transfers of territory. (1) Notwithstanding any provision of this chapter that provides a different effective date, an annexation, transfer of territory, consolidation or merger under this chapter, or any removal by a city by ordinance of a newly annexed area from a special district, shall not become effective during the period:

(a) Beginning after the 90th day before a primary election or general election and ending on the day after the election; or

(b) Beginning after the deadline for filing the notice of election before any other election held by any city, district or other municipal corporation involved in the annexation, transfer of territory, consolidation, merger or removal, and ending on the day after the election.

(2) If the effective date established for an annexation, transfer of territory, consolidation, merger or removal is a date that is prohibited under this section, the annexation, transfer of territory, consolidation, merger or removal shall become effective on the day after the election.

(3) For the purposes of ORS 308.225 only, the effective date of an annexation under ORS 222.180 shall be the date of filing of the abstract referred to in ORS 222.180. [1981 c.391 §3; 1983 c.514 §1b; 1985 c.130 §5; 1985 c.808 §71; 1989 c.923 §25; 1995 c.712 §92]

Notes of Decisions

Cited in 1 case, 2014–2014 · leading case: City of Damascus v. Brown, 337 P.3d 1019 (Or. Ct. App. 2014).

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City of Damascus v. Brown, 337 P.3d 1019 (Or. Ct. App. 2014). ““(c) Is not subject to ORS 222.040. “(9) A city from which a tract has been withdrawn under this section may not annex the tract for a period of 10 years following the withdrawal unless the owner of the tract submits a petition to the legislative body of the city seeking…”

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