223.410
Authority of governing body to make reassessment. Whenever all or part of any
estimated or final assessment for local improvements was or is declared void or
set aside for any reason or its enforcement refused by any court by reason of
jurisdictional or other defects in procedure, whether directly or by virtue of
any court decision or when the governing body is in doubt as to the validity of
all or part of any estimated or final assessment by reason of such defects in
procedure, the governing body may by ordinance or resolution make a new
estimated or final assessment or reassessment with respect to all or part of
the original estimated or final assessment upon the lots which have been
benefited by all or part of the local improvement to the extent of their
respective and proportionate shares of the full value of such benefit. [Amended
by 1991 c.902 §43]
Notes of Decisions
Wing v. City of Eugene, 437 P.2d 836 (Or. 1968).
“ORS 223.410 provides: “Whenever all or part of any assessment for improvements was or is declared * * * set aside for any reason * * * or when the council is in doubt as to the validity of all or part of any such assessment by reason of such defects in procedure, the council may…”
Martin v. City of Tigard, 714 P.2d 1115 (Or. Ct. App. 1986).
“The parties concede, however, that a portion of the planned improvement 1 is not within the legal boundaries of the LID and that, therefore, the cost of constructing that portion cannot lawfully be included in the assessment. We agree.”
Martin v. City of Tigard, 52 P.3d 1074 (Or. Ct. App. 2002).
“We noted that, under ORS 223.410, “[w]hen a defect in a LID assessment occurs, the city council may reassess for up to the full cost of the improvement within the district.”
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