Oregon Revised Statutes

Or. Rev. Stat. § 222.860 (2026)

Proposal for annexation

✓ current as of May 2026
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      222.860 Proposal for annexation. (1) The city council of any city shall adopt a resolution containing a proposal for annexation without vote or consent in the affected territory. The proposal may contain terms of annexation as provided in ORS 222.111 and shall:

      (a) Describe the boundaries of the affected territory; and

      (b) Describe the conditions alleged to be causing a danger to public health.

      (2) The governing body of any district having jurisdiction over the affected territory may adopt a resolution containing a proposal for annexation to the city without vote or consent in the affected territory. The proposal shall:

      (a) Describe the boundaries of the affected territory; and

      (b) Describe the conditions alleged to be causing a danger to public health.

      (3) The local board of health having jurisdiction shall verify the conditions alleged in the proposal to be causing a danger to public health, based upon its knowledge of those conditions.

      (4) The council or governing body shall cause a certified copy of the resolution together with verification by the local board of health having jurisdiction, to be forwarded to the Oregon Health Authority and request the authority to ascertain whether conditions dangerous to public health exist in the affected territory. [1967 c.624 §3; 1973 c.637 §3; 1975 c.639 §3; 1981 c.888 §8; 1983 c.407 §5; 2009 c.595 §182]

 

      222.865 [1967 c.624 §4; 1973 c.637 §4; repealed by 1975 c.639 §18]

Notes of Decisions
Cited in 4 cases, 1976–1998 · leading case: City of Eugene v. Nalven, 955 P.2d 263 (Or. Ct. App. 1998).
City of Eugene v. Nalven, 955 P.2d 263 (Or. Ct. App. 1998). · cites it 8× “" ORS 222.860(1)(b). The statutes then require the governing body of the area to adopt a resolution containing an annexation proposal that describes the boundaries of the affected area and the nature of the public health hazard.”
Kelly v. Silver, 549 P.2d 1134 (Or. Ct. App. 1976). “The statutes which the plaintiffs challenge at bar are definitely in aid of the city home rule power and not in derogation thereof for they specifically provide in ORS 222.860 that the city legislative body "may adopt a resolution containing a proposal for annexation without…”
Pieper v. Health Div., 606 P.2d 1145 (Or. 1980). · cites it 5× “Under ORS 222.860, a city may initiate an involuntary annexation.”
Trueblood v. Health Div., Dept. of Human Res., 559 P.2d 931 (Or. Ct. App. 1977). “The required contents of the schedule are set forth in the former statute, ORS 222.860(3). *448 "* * * Thg council [council of annexing city] shall prepare a schedule setting out the steps necessary to put the plan into operation and the time required for each step in the…”
— Or. Rev. Stat. § 222.860(1)(b) — 1 case
City of Eugene v. Nalven, 955 P.2d 263 (Or. Ct. App. 1998). “" ORS 222.860(1)(b). The statutes then require the governing body of the area to adopt a resolution containing an annexation proposal that describes the boundaries of the affected area and the nature of the public health hazard.”
— Or. Rev. Stat. § 222.860(2) — 1 case
City of Eugene v. Nalven, 955 P.2d 263 (Or. Ct. App. 1998). “" ORS 222.860(1)(b). The statutes then require the governing body of the area to adopt a resolution containing an annexation proposal that describes the boundaries of the affected area and the nature of the public health hazard.”
— Or. Rev. Stat. § 222.860(3) — 2 cases
City of Eugene v. Nalven, 955 P.2d 263 (Or. Ct. App. 1998). “" ORS 222.860(1)(b). The statutes then require the governing body of the area to adopt a resolution containing an annexation proposal that describes the boundaries of the affected area and the nature of the public health hazard.”
Trueblood v. Health Div., Dept. of Human Res., 559 P.2d 931 (Or. Ct. App. 1977). “The required contents of the schedule are set forth in the former statute, ORS 222.860(3). *448 "* * * Thg council [council of annexing city] shall prepare a schedule setting out the steps necessary to put the plan into operation and the time required for each step in the…”
— Or. Rev. Stat. § 222.860(4) — 1 case
City of Eugene v. Nalven, 955 P.2d 263 (Or. Ct. App. 1998). “" ORS 222.860(1)(b). The statutes then require the governing body of the area to adopt a resolution containing an annexation proposal that describes the boundaries of the affected area and the nature of the public health hazard.”
— Or. Rev. Stat. § 222.860(l)(b) — 1 case
City of Eugene v. Nalven, 955 P.2d 263 (Or. Ct. App. 1998). “" ORS 222.860(1)(b). The statutes then require the governing body of the area to adopt a resolution containing an annexation proposal that describes the boundaries of the affected area and the nature of the public health hazard.”
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