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Oregon Revised Statutes

Or. Rev. Stat. § 223.389 (2026)

Procedure for making local assessments for local improvements; intergovernmental agreement to allocate jurisdiction for local improvement

✓ current as of May 2026
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      223.389 Procedure for making local assessments for local improvements; intergovernmental agreement to allocate jurisdiction for local improvement. (1)(a) The governing body of a local government may prescribe by ordinance or resolution the procedure to be followed in making estimated assessments and final assessments for benefits from a local improvement upon the lots that have been benefited by all or part of the local improvement, to the extent that the charter of the local government does not prescribe the method of procedure.

      (b) If the charter of a local government specifies a method of procedure that does not comply or is not consistent with the requirements of the Oregon Constitution, the governing body of the local government may prescribe by ordinance or resolution the procedure that shall comply and be consistent with the requirements of the Oregon Constitution, and the provisions of the ordinance or resolution shall apply in lieu of the charter provisions.

      (2)(a) This subsection applies to a local improvement proposed for an unincorporated area within an urban growth boundary.

      (b) For purposes of subsection (1) of this section, the governing bodies of local governments in which any part of a local improvement described in paragraph (a) of this subsection is or will be located may enter into an intergovernmental agreement in accordance with ORS chapter 190 to allocate jurisdictional authority among themselves for the local improvement.

      (c) Local improvements subject to this subsection must comply with the comprehensive plan of any city in which the local improvements are or will be located.

      (d) The creation of a local improvement district does not change the uses of land allowed within the local improvement district.

      (3)(a) The ordinance or resolution prescribing the procedure shall provide for adoption or enactment of an ordinance or resolution designating the local improvement as to which an assessment is contemplated, describing the boundaries of the district to be assessed. Provision shall be made for at least 10 days’ notice to owners of property within the proposed district in which the local improvement is contemplated. The notice may be made by posting, by newspaper publication or by mail, or by any combination of such methods. The notice shall specify the time and place where the governing body will hear and consider objections or remonstrances to the proposed local improvement by any parties aggrieved thereby.

      (b) If the governing body determines that the local improvement shall be made, when the estimated cost thereof is ascertained on the basis of the contract award or the departmental cost of the local government, the governing body shall determine whether the property benefited shall bear all or a portion of the cost. The recorder or other person designated by the governing body shall prepare the estimated assessment to the respective lots within the assessment district and file it in the appropriate office of the local government. Notice of the estimated assessment shall be mailed or personally delivered to the owner of each lot proposed to be assessed. The notice shall state the amounts of the estimated assessment proposed on that property and shall fix a date by which time objections shall be filed with the recorder. Any objection shall state the grounds for the objection. The governing body shall consider the objections and grounds and may adopt, correct, modify or revise the estimated assessments.

      (c) The governing body shall determine the amount of estimated assessment to be charged against each lot within the district, according to the special and peculiar benefits accruing to the lot from the local improvement, and shall by ordinance or resolution spread the estimated assessments. [1959 c.219 §2; 1991 c.902 §37; 2003 c.802 §28; 2025 c.140 §1]

Notes of Decisions
Cited in 12 cases, 1967–2003 · leading case: City of Roseburg v. Roseburg City Firefighters, Local No. 1489, 639 P.2d 90 (Or. 1981).
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City of Roseburg v. Roseburg City Firefighters, Local No. 1489, 639 P.2d 90 (Or. 1981). · cites it 4× “2d 936 (1968) (notice of proposed street assessment under ORS 223.389 and 223.399); Bennet v. City of Oceanlake, 247 Or.”
Baker v. City of Woodburn, 79 P.3d 901 (Or. Ct. App. 2003). · cites it 3× “Rather, the fee becomes due only if the property is developed within 10 years of the district’s enactment. *452 If the fee is not paid when due, the ordinance authorizes the city to “take any action it deems appropriate, including all legal or equitable means necessary to…”
Ester v. City of Monmouth, 903 P.2d 344 (Or. 1995). · cites it 3× “ORS 223.389 (1989) provided, in part, that “[t]he council may prescribe by ordinance or resolution the procedure to be followed in making local assessments for benefits from a local improvement upon the lots which have been benefited by all or part of the improvement.”
Martin v. City of Tigard, 72 P.3d 619 (Or. 2003). “See ORS 223.389 (describing procedure for making assessments for local improvements); see also Stanley v.”
Brown v. City of Salem, 444 P.2d 936 (Or. 1968). · cites it 6× “389 provides: “The council may prescribe by ordinance or resolution the procedure to be followed in making local assessments for benefits from a local improvement upon the lots which have been benefited by all or part of the improvement, to the extent that the city charter does…”
Collins v. Rathbun, 604 P.2d 441 (Or. Ct. App. 1979). “ORS 223.389. The trial court *865 expressly found that no notice to affected property owners had been given.”
McKenney v. City of Lake Oswego, 569 P.2d 27 (Or. Ct. App. 1977). · cites it 3× “Although cities are free to provide different procedures, the general statutory scheme is: (1) an ordinance or resolution designates "the improvement as to which an assessment is contemplated, describing the boundaries of the district to be assessed,” ORS 223.389; (2) property…”
Bennet v. City of Oceanlake, 430 P.2d 1004 (Or. 1967). · cites it 3× “ORS 223.389. However, ORS 223.399 provides: “The council may impose additional procedural requirements.”
Kerr v. Hallett, 677 P.2d 1098 (Or. Ct. App. 1984). · cites it 2× “” ORS 223.389 provides: “* * * If the council determines that the local improvement shall be made, when the estimated cost thereof is ascertained on the basis of the contract award or city departmental costs, or after the work is done and the cost thereof has been actually…”
Martin v. City of Tigard, 714 P.2d 1115 (Or. Ct. App. 1986). “See ORS 223.389. When a defect in an LID assessment occurs, the city council may reassess for up to the full cost of the improvement within the district.”
Dames v. City Council for City of Forest Grove, 652 P.2d 839 (Or. Ct. App. 1982). “” See also ORS 223.389. Petitioner states that the council had authority under section 7 to “adopt, correct, modify or revise the proposed assessments,” see also section 17 of the ordinance, 2 but that the council “* * * declined to do so in spite of evidence presented by…”
Aldahl v. City of Corvallis, 560 P.2d 678 (Or. Ct. App. 1977). “” The ordinance clearly contemplates that remonstrances will be considered and weighed by the council at the hearing itself prior to the taking of a vote on the proposed project; a property owner would, therefore, be entitled to appear at the hearing and to submit a remonstrance…”
— Or. Rev. Stat. § 223.389(1) — 1 case
Baker v. City of Woodburn, 79 P.3d 901 (Or. Ct. App. 2003). “Rather, the fee becomes due only if the property is developed within 10 years of the district’s enactment. *452 If the fee is not paid when due, the ordinance authorizes the city to “take any action it deems appropriate, including all legal or equitable means necessary to…”
— Or. Rev. Stat. § 223.389(2)(a) — 1 case
Baker v. City of Woodburn, 79 P.3d 901 (Or. Ct. App. 2003). “Rather, the fee becomes due only if the property is developed within 10 years of the district’s enactment. *452 If the fee is not paid when due, the ordinance authorizes the city to “take any action it deems appropriate, including all legal or equitable means necessary to…”
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