Oregon Revised Statutes

Or. Rev. Stat. § 451.435 (2026)

Law governing district formation or change

✓ current as of May 2026
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      451.435 Law governing district formation or change. (1) All district formation and change of organization proceedings shall be initiated, conducted and completed as provided by ORS 198.705 to 198.955. Except for an order allowing an existing district established to provide sewage works to also provide drainage works, no county or portion thereof shall be included within a district that is to provide services in more than one county without the consent of the governing body of the affected county.

      (2) In the case of sewage works, upon certification to the county court by the Environmental Quality Commission or the local health officer that an emergency exists, the county court shall initiate the formation of a district in the manner specified in ORS 198.835, or annexation to an existing district in the manner specified in ORS 198.850 (3), whichever is most appropriate.

      (3) A petition or order initiating the formation or change of organization of a district shall, in addition to the requirement specified by ORS 198.705 to 198.955, state which of the service facilities specified by ORS 451.010 the district shall be authorized to construct, maintain and operate.

      (4) A final order in a formation or change of organization proceeding of a district shall, in addition to the requirements specified by ORS 198.705 to 198.955, state which of the service facilities specified by ORS 451.010 the district shall be authorized to construct, maintain and operate. [1973 c.785 §8; 1975 c.630 §3; 1989 c.374 §3; 2015 c.736 §96; 2017 c.17 §39]

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1979–2026 · leading case: Khosroabadi v. North Clackamas Parks & Rec. Dist., 347 Or. App. 465 (Or. Ct. App. 2026).
Khosroabadi v. North Clackamas Parks & Rec. Dist., 347 Or. App. 465 (Or. Ct. App. 2026). · cites it 2× “” ORS chapter 198 describes procedures for formation, operation, and ter- mination of districts, including withdrawal from a district as described in ORS 198.”
Reilley v. Sec'y of State, 598 P.2d 323 (Or. Ct. App. 1979). “This section only authorizes MSD to establish subsidiary service districts within its boundaries without requiring the separate approval of each county for every such formation or change, as would otherwise be required by ORS 451.435(1). The designation as county court is used…”
Khosroabadi v. North Clackamas Parks & Rec. Dist., 347 Or. App. 465 (Or. Ct. App. 2026). · cites it 2× “” ORS chapter 198 describes procedures for formation, operation, and ter- mination of districts, including withdrawal from a district as described in ORS 198.”
State ex rel City of Happy Valley v. Dept. of Rev., 23 Or. Tax 193 (Or. T.C. 2018). “(“ORS 451.435, and ORS 198.705 to ORS 198.955 provide the sole method and the remedies available for the City to withdraw territory from NCPRD.”
— Or. Rev. Stat. § 451.435(1) — 3 cases
Khosroabadi v. North Clackamas Parks & Rec. Dist., 347 Or. App. 465 (Or. Ct. App. 2026). “” ORS chapter 198 describes procedures for formation, operation, and ter- mination of districts, including withdrawal from a district as described in ORS 198.”
Reilley v. Sec'y of State, 598 P.2d 323 (Or. Ct. App. 1979). “This section only authorizes MSD to establish subsidiary service districts within its boundaries without requiring the separate approval of each county for every such formation or change, as would otherwise be required by ORS 451.435(1). The designation as county court is used…”
Khosroabadi v. North Clackamas Parks & Rec. Dist., 347 Or. App. 465 (Or. Ct. App. 2026). “” ORS chapter 198 describes procedures for formation, operation, and ter- mination of districts, including withdrawal from a district as described in ORS 198.”
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