Oregon Revised Statutes

Or. Rev. Stat. § 554.170 (2026)

Covenants by landowners; effect

✓ current as of May 2026

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554.170 Covenants by landowners; effect. Owners of all the land described in the articles of incorporation or amendments thereto may at any time after the adoption of the plans and specifications for improving the land as provided in ORS 554.210, mutually covenant and agree for the purpose of binding their respective lands, as provided in ORS 554.180. Such covenants and agreements shall attach to and run with the land for the purpose of limiting, restricting and governing the conduct of the corporation. Such covenants, limitations, restrictions and agreements must not be inconsistent with the articles of incorporation, and after the recording of the same as provided in ORS 554.190 they may not be altered, amended, modified or rescinded during the life of such corporation without the consent of landowners representing two-thirds of the lands in the district and persons having an interest in such lands and the corporation and its creditors if any there are. After the recording, the bylaws of the corporation and every act and proceeding of such corporation must be in accordance with and subject to the limitations, restrictions and provisions thereof. [Amended by 1965 c.427 §1]

Notes of Decisions

Cited in 3 cases, 1992–2011 · leading case: Davis v. Nye Ditch Users Improvement Dist., 268 P.3d 749 (Or. Ct. App. 2011).

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Davis v. Nye Ditch Users Improvement Dist., 268 P.3d 749 (Or. Ct. App. 2011). · cites it 6× “Plaintiffs contend that to incur indebtedness for the costs of such improvements, defendant is required to follow the dictates of ORS 554.170 to 554.210. ORS 554.210 provides that owners of land described in the articles of incorporation may, by unanimous agreement or a…”

Comeaux v. Water Wonderland Improvement Dist., 12 Or. Tax 132 (Or. T.C. 1992). “5 ORS 554.170 to ORS 554.180. Second, the participants in such organization are not citizens but “members” of the corporation.”

Davis v. Nye Ditch Users Imp. Dist., 268 P.3d 778 (Or. Ct. App. 2011). · cites it 6× “Plaintiffs contend that to incur indebtedness for the costs of such improvements, defendant is required to follow the dictates of ORS 554.170 to 554.210. ORS 554.210 provides that owners of land described in the articles of incorporation may, by unanimous agreement or a…”

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