Or. Rev. Stat. § 222.750

Annexation of unincorporated territory surrounded by city; delayed annexation for certain property

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222.750 Annexation of unincorporated territory surrounded by city; delayed annexation for certain property. (1) As used in this section:

(a) “Creek” means a natural course of water that is smaller than, and often tributary to, a river, but is not shallow or intermittent.

(b) “River” means a large, continuous and natural stream of water that is fed along its course by converging tributaries and empties into an ocean, lake or other body of water.

(2) When territory not within a city is surrounded by the corporate boundaries of the city, or by the corporate boundaries of the city and the corporate boundaries of another city, the ocean shore, a river, a creek, a bay, a lake or Interstate Highway 5, the city may annex the territory pursuant to this section after holding at least one public hearing on the question for which notice has been mailed to each record owner of real property in the territory proposed to be annexed.

(3) This section does not apply if the territory not within a city:

(a) Is surrounded entirely by water; or

(b) Is surrounded as provided in subsection (2) of this section, but a portion of the corporate boundaries of the city that consists only of a public right of way, other than Interstate Highway 5, constitutes more than 25 percent of the perimeter of the territory.

(4) Unless otherwise required by the city charter, annexation by a city under this section must be by ordinance or resolution subject to referendum, with or without the consent of any owner of real property within the territory or resident in the territory.

(5) For property that is zoned to allow residential use as a permitted use in the zone and is in residential use when annexation is initiated by the city under this section, the city shall specify an effective date for the annexation that is at least three years and not more than 10 years after the date the city proclaims the annexation approved. The city recorder or other officer performing the duties of the city recorder shall:

(a) Cause notice of the delayed annexation to be recorded by the county clerk of the county in which any part of the territory subject to delayed annexation is located within 60 days after the city proclaims the annexation approved; and

(b) Notify the county clerk of each county in which any part of the territory subject to delayed annexation is located not sooner than 120 days and not later than 90 days before the annexation takes effect.

(6) Notwithstanding subsection (5) of this section:

(a) Property that is subject to delayed annexation becomes part of the city immediately upon transfer of ownership.

(b) The record owner of real property described in subsection (5) of this section that is located in the territory to be annexed may waive the delay of the effective date of the annexation provided under subsection (5) of this section. The property becomes part of the city immediately upon the waiver.

(7) This section does not limit provisions of a city charter, ordinance or resolution that are more restrictive than the provisions of this section for creating or annexing territory that is surrounded as described in subsection (2) of this section.

(8) If a city charter, ordinance or resolution requires the city to conduct an election in the city, the city shall allow electors, if any, in the territory proposed to be annexed to vote in the election on the question of annexation. If the governing body of the city finds that a majority of the votes cast in the city and the territory combined favor annexation, the governing body, by ordinance or resolution, shall proclaim the annexation approved. The proclamation shall contain a legal description of each territory annexed. [Amended by 1963 c.444 §1; 1985 c.702 §16; 2007 c.654 §1; 2007 c.706 §1; 2019 c.197 §1; 2019 c.315 §3]

222.810 [Amended by 1953 c.562 §2; repealed by 1969 c.49 §1]

222.820 [Repealed by 1969 c.49 §1]

222.830 [Repealed by 1969 c.49 §1]

HEALTH HAZARD ABATEMENT

Notes of Decisions

Cited in 13 cases, 1980–2013 · leading case: Kane v. City of Beaverton

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Kane v. City of Beaverton (2005) orctapp · cites it 13× “Petitioners 1 seek review of a Land Use Board of Appeals order affirming the City of Beaverton’s decision to annex certain “island” territory pursuant to ORS 222.750. Petitioners advance a number of assignments of error, most of which were not adequately preserved below.”

Costco Wholesale Corp. v. City of Beaverton (2006) orctapp · cites it 49× “(Wells), and Bold, LLC (Bold), seek judicial review of an order of the Land Use Board of Appeals (LUBA) that affirmed the decision of the City of Beaverton (city) that annexed certain parcels of land pursuant to the “island annexation” statute, ORS 222.750. 1 Petitioners argue,…”

Costco Wholesale Corp. v. City of Beaverton (2007) or · cites it 41× “The statutory provision cited above [ORS 222.750] does not require annexation of an entire island.”

Leupold & Stevens, Inc. v. City of Beaverton (2006) orctapp · cites it 5× “The city proposed to annex the lots pursuant to ORS 222.750 — often referred to as the “island annexation” law— which provides that, when unincorporated land is surrounded by the corporate boundaries of a city, the city may annex the land “with or without the consent of any…”

Rivergate Residents Ass'n v. Portland Metropolitan Area Local Government Boundary Commission (1984) orctapp · cites it 5× “It contends that, because the approved proposal deliberately creates an “island” of its members’ property, thereby subjecting it to summary annexation pursuant to ORS 222.750, 1 it is unreasonable and deprives the members of their constitutional right to vote on annexation.”

State Ex Rel. Rodriguez v. Gebbie (1980) or “ORS 222.750. Consent is also not required under ORS 222.”

Cogan v. City of Beaverton (2009) orctapp · cites it 3× “On May 2, 2005, the Beaverton City Council adopted Ordinance 4350, in which, pursuant to ORS 222.750, it annexed five contiguous tax lots owned by Leupold without Leupold’s consent.”

Consolidated Metco, Inc. v. City of Portland (1984) orctapp “The city contended that these “islands” were subject to summary annexation under ORS 222.750: “In any case where land or territory is surrounded by the corporate limits or boundaries of any city, it is within the power and authority of that city to annex such land or territory,…”

Mid-County Future Alternatives Committee v. Portland Metropolitan Area Local Government Boundary Commission (1987) orctapp “880; ORS 222.750. Those procedures, involving special circumstances that are not classified as “minor boundary changes,” are not relevant here.”

Leupold & Stevens, Inc. v. City of Beaverton (2009) orctapp “2 SB 887, section 6, provides: “An area of land within the urban growth boundary of the metropolitan service district established in the Portland metropolitan area may not be annexed under ORS 222.750 if: “(1) The area of land is larger than seven acres and is zoned for…”

Mid-County Future Alternatives Committee v. Portland Metropolitan Area Local Government Boundary Commission (1987) orctapp “880 and ORS 222.750, do require an election under those circumstances.”

Cutsforth v. City of Albany (2005) orctapp “On April 28,2004, the city council authorized city staff to begin proceedings to annex the subject area pursuant to ORS 222.750, which allows annexation of lands surrounded by a city or by a city and a ‘stream,’ without consent of the owners of property within the annexed…”

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