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Oregon Revised Statutes

Or. Rev. Stat. § 305.589 (2026)

Judicial declarations; petition by local government; notice; intervention; appeal; remedies; costs

✓ current as of May 2026
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      305.589 Judicial declarations; petition by local government; notice; intervention; appeal; remedies; costs. (1) A local government unit or an association of local government units acting for the common benefit of and on behalf of consenting members may petition the regular division of the Oregon Tax Court for a judicial declaration of the court concerning a question described in ORS 305.580.

      (2) Notice of the commencement of a proceeding under this section shall be given by the petitioner or petitioners by publication of notice directed to all electors, taxpayers and other interested persons, without naming such electors, taxpayers or other interested persons individually. The notice shall be published at least once a week for three successive weeks in a newspaper of general circulation within the boundaries of the local government unit and each of the consenting members of the association of local government units, if any, or if no such newspaper is published therein, then in a contiguous county.

      (3) The petitioner or petitioners may elect to give further notice to affected electors, taxpayers and other interested persons, or the court may order such further notice as the court considers practicable.

      (4) The action authorized by this section shall be a special proceeding in the nature of an ex parte proceeding in the absence of the intervention of a respondent in opposition to the petition.

      (5) Jurisdiction of the local government unit and of consenting members of an association of local government units shall be obtained by filing of the petition. Jurisdiction over the electors, taxpayers and other interested persons shall be complete 10 days after the date of completing publication of the notice provided for in subsection (2) of this section, or giving of any further notice as provided for in subsection (3) of this section. Jurisdiction of any other party shall be obtained by appearance of any interested person who seeks and is granted leave to intervene in the proceeding.

      (6)(a) Any elector, taxpayer or interested person or local government unit that may be affected by the tax, fee, charge or assessment that is the subject of the petition may intervene as a petitioner or respondent by filing the appropriate appearance.

      (b) Any elector, taxpayer or interested person or local government unit that may be affected by the use of the proceeds of the bonded indebtedness or a person that is subject to a tax, fee, charge or assessment that is pledged to secure or available for payment of the bonded indebtedness that is the subject of the petition may intervene as a petitioner or respondent by filing the appropriate appearance.

      (7) Any party to a proceeding commenced under this section, including a consenting member of an association of local government units that was a party to the proceeding, may appeal from the judgment rendered by the tax court to the Oregon Supreme Court in the manner provided for appeals from other decisions of the tax court under ORS 305.445.

      (8)(a) If, in a proceeding commenced under this section, the court finds that a tax, fee, charge or assessment is subject to the limits of section 11b, Article XI of the Oregon Constitution, the court may order such relief as it considers appropriate, but such relief shall be prospective only.

      (b) If, in a proceeding commenced under this section, the court finds that a use of the proceeds of bonded indebtedness is not authorized, the tax court may prohibit the expenditure or proceed in accordance with ORS 305.586.

      (9) Costs of the proceeding may be allowed and apportioned between the parties in the discretion of the court.

      (10) As used in this section:

      (a) “Association of local government units” means an association, or any other lawful organization, composed of member local government units organized for the mutual benefit of such local government units.

      (b) “Consenting member” means a member of an association of local government units who affirmatively consents, through filing of a consenting certificate with the tax court, to the commencement of a proceeding under this section.

      (c) “Local government unit” means any unit of local government, including a city, county, incorporated town or village, school district, any other special district, or any other municipal or quasi-municipal corporation, intergovernmental authority created pursuant to ORS 190.010, a district as defined in ORS 198.010, 198.180 and 198.210 or an urban renewal agency established under ORS 457.035. [1991 c.459 §27; 1993 c.270 §21; 1999 c.340 §12; 2003 c.195 §22; 2003 c.576 §250; 2005 c.22 §226]

Notes of Decisions
Cited in 9 cases, 1992–2005 · leading case: Smith v. Multnomah Cnty. Bd. of Commissioners, 865 P.2d 356 (Or. 1994).
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Smith v. Multnomah Cnty. Bd. of Commissioners, 865 P.2d 356 (Or. 1994). · cites it 6× “subject to the limits of [Measure 5], the court may: “(a) Order the government unit to make refunds to petitioners of any part of the challenged tax, fee, charge or assessment imposed and collected in excess of the limits of [Measure 5], The court may not order refunds if the…”
City of Portland v. Smith, 838 P.2d 568 (Or. 1992). · cites it 2× “ORS 305.589. City sought a declaration that the tax rate limitations in Measure 5 do not apply to property tax revenues that are used by City to pay off bonded indebtedness incurred by City to finance urban renewal projects.”
Comeaux v. Water Wonderland Improvement Dist., 12 Or. Tax 132 (Or. T.C. 1992). “583(1), petitioners point to the legislature’s definition of “local government unit” as found in ORS 305.589(9) of the same Act. That definition states: “(a) ‘Local government unit’ means any unit of local government, including a city, county, incorporated town or village,…”
City of Portland v. Smith, 12 Or. Tax 208 (Or. T.C. 1992). “ORS 305.589 authorizes petitions to this court to determine the effect of section lib on local taxes.”
City of Portland v. Atwood, 13 Or. Tax 136 (Or. T.C. 1994). · cites it 2× “ORS 305.589 authorizes a local government unit to petition the court for a declaration of the effect of section 11b, Article XI, of the Oregon Constitution, on any tax, fee, charge or assessment imposed by that local government unit.”
Tilbury v. Multnomah Cnty., 13 Or. Tax 157 (Or. T.C. 1994). “ORS 305.589 and ORS 305.585. A separate process allows taxpayers to obtain a determination and refunds.”
Irwin v. Oregon Dep't of Revenue, 15 Or. Tax 24 (Or. T.C. 1999). “587, and ORS 305.589 “provide the exclusive remedy” for determining the effect of the limits of section lib on taxes.”
Knapp II v. City of Jacksonville, 18 Or. Tax 236 (Or. T.C. 2005). “587, and ORS 305.589. In particular, the city asserts that the appropriate remedy is found in ORS 305.”
Smith v. Multnomah Cnty. Bd. of Commissioners, 12 Or. Tax 377 (Or. T.C. 1993). · cites it 2× “585, and petitions by a local government unit concerning its own taxes, ORS 305.589. ORS 305.587 sets forth the remedies that are available in connection with such petitions.”
— Or. Rev. Stat. § 305.589(4) — 1 case
Smith v. Multnomah Cnty. Bd. of Commissioners, 865 P.2d 356 (Or. 1994). “subject to the limits of [Measure 5], the court may: “(a) Order the government unit to make refunds to petitioners of any part of the challenged tax, fee, charge or assessment imposed and collected in excess of the limits of [Measure 5], The court may not order refunds if the…”
— Or. Rev. Stat. § 305.589(5) — 1 case
Smith v. Multnomah Cnty. Bd. of Commissioners, 865 P.2d 356 (Or. 1994). “subject to the limits of [Measure 5], the court may: “(a) Order the government unit to make refunds to petitioners of any part of the challenged tax, fee, charge or assessment imposed and collected in excess of the limits of [Measure 5], The court may not order refunds if the…”
— Or. Rev. Stat. § 305.589(6) — 1 case
Smith v. Multnomah Cnty. Bd. of Commissioners, 865 P.2d 356 (Or. 1994). “subject to the limits of [Measure 5], the court may: “(a) Order the government unit to make refunds to petitioners of any part of the challenged tax, fee, charge or assessment imposed and collected in excess of the limits of [Measure 5], The court may not order refunds if the…”
— Or. Rev. Stat. § 305.589(9) — 1 case
Comeaux v. Water Wonderland Improvement Dist., 12 Or. Tax 132 (Or. T.C. 1992). “583(1), petitioners point to the legislature’s definition of “local government unit” as found in ORS 305.589(9) of the same Act. That definition states: “(a) ‘Local government unit’ means any unit of local government, including a city, county, incorporated town or village,…”
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