222.855 Annexation
to remove danger to public health.
In addition to the procedures authorized in ORS 222.010 to 222.750, territory
otherwise eligible for annexation in accordance with ORS 222.111 which is
within the urban growth boundary of a city may be annexed by passage of an
ordinance as provided in ORS 222.900 without any vote in such territory or any
consent by the owners of land therein if it is found, as provided in ORS
222.840 to 222.915, that a danger to public health exists because of conditions
within the territory and that such conditions can be removed or alleviated by
sanitary, water or other facilities ordinarily provided by incorporated cities.
[1967 c.624 §2; 1973 c.637 §2; 1975 c.639 §2; 1981 c.888 §7]
Notes of Decisions
City of Corvallis v. State of Oregon, 464 P.3d 1127 (Or. Ct. App. 2020).
· cites it 3× “In Pieper, the state health division ordered Corvallis to adopt an ordi- nance annexing certain territory to the city, pursuant to ORS 222.855, which provides for territory to be annexed “without any vote” if the state health division finds that conditions in the territory pose…”
City of Eugene v. Nalven, 955 P.2d 263 (Or. Ct. App. 1998).
· cites it 6× “030 and ORS 222.855. [1] The former authorizes cities to contract with individuals outside city limits for the City to provide sewer services.”
Mid-Cnty. Future Alternatives Comm. v. City of Portland, 795 P.2d 541 (Or. 1990).
“10 Annexations for health hazard reasons under ORS 222.855 are a different matter. Cities are still state agencies subject to certain controls, and the independence of those living outside cities is by no means absolute.”
State ex rel. Rodriguez v. Gebbie, 614 P.2d 1144 (Or. 1980).
“” ORS 222.855. *402 The Health Division, after holding public hearings in the subject territory pursuant to ORS 222.”
Peterson v. Portland Metro. Area Local Gov't Boundary Comm'n, 535 P.2d 577 (Or. Ct. App. 1975).
“170, incorporating the triple majority rule, establish a scheme which scrupulously preserves the right of those whose territory is sought to be annexed to vote on the issue, except under the limited circumstances of a health hazard annexation (ORS 222.855 et seq.) or where it is…”
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