Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 758.470

Application to cities, municipalities and cooperatives of ORS 758.400 to 758.475

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      758.470 Application to cities, municipalities and cooperatives of ORS 758.400 to 758.475. (1) ORS 758.015 and 758.400 to 758.475 shall not be construed or applied to restrict the powers granted to cities to issue franchises, or to restrict the exercise of the power of condemnation by a municipality; and when a municipality has condemned or otherwise acquired another person’s equipment, plant or facilities for rendering utility service, it shall acquire all of the rights of the person whose property is condemned to serve the territory served by the acquired properties.

      (2) ORS 758.015 and 758.400 to 758.475 shall not be construed to restrict the right of a municipality to provide utility service for street lights, fire alarm systems, airports, buildings and other municipal installations regardless of their location.

      (3) ORS 758.015 and 758.400 to 758.475 shall not be construed to confer upon the Public Utility Commission any regulatory authority over rates, service or financing of cooperatives or municipalities. [Formerly 757.680]

Notes of Decisions
Cited in 5 cases, 1987–2005 · leading case: SPRINGFIELD UTILITY BD. v. Emerald PUD
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SPRINGFIELD UTILITY BD. v. Emerald PUD (2005) or · cites it 7× “First, the board contends that ORS 758.470 expressly provides that the territorial allocation statutes do not restrict certain powers that cities enjoyed before the enactment of those statutes, including the power of cities to issue franchises to gas and electric utility…”
Pacificorp v. City of Ashland (1987) orctapp · cites it 14× “However, ORS 758.470 reserves certain municipal powers and, in certain ways, restricts the application of the allocation statutes to cities.”
PacifiCorp v. City of Ashland (1988) orctapp · cites it 2× “475 shall not be construed or applied to restrict the powers granted to cities to issue franchises, or to restrict the exercise of the power of condemnation by a municipality; and when a municipality has condemned or otherwise acquired another person's equipment, plant or…”
Columbia River People's Utility District v. Portland General Electric Co. (1999) ord · cites it 3× “460, the OPUC based its analysis on ORS 758.470 (which, as outlined above, reserves to municipalities the power to condemn facilities and property), and approved the sale.”
Springfield Utility Board v. Emerald People's Utility District (2005) or · cites it 6× “First, the board contends that ORS 758.470 expressly provides that the territorial allocation statutes do not restrict certain powers that cities enjoyed before the enactment of those statutes, including the power of cities to issue franchises to gas and electric utility…”
— Or. Rev. Stat. § 758.470(1) — 5 cases
Pacificorp v. City of Ashland (1987) orctapp “However, ORS 758.470 reserves certain municipal powers and, in certain ways, restricts the application of the allocation statutes to cities.”
SPRINGFIELD UTILITY BD. v. Emerald PUD (2005) or “First, the board contends that ORS 758.470 expressly provides that the territorial allocation statutes do not restrict certain powers that cities enjoyed before the enactment of those statutes, including the power of cities to issue franchises to gas and electric utility…”
PacifiCorp v. City of Ashland (1988) orctapp “475 shall not be construed or applied to restrict the powers granted to cities to issue franchises, or to restrict the exercise of the power of condemnation by a municipality; and when a municipality has condemned or otherwise acquired another person's equipment, plant or…”
Columbia River People's Utility District v. Portland General Electric Co. (1999) ord “460, the OPUC based its analysis on ORS 758.470 (which, as outlined above, reserves to municipalities the power to condemn facilities and property), and approved the sale.”
Springfield Utility Board v. Emerald People's Utility District (2005) or “First, the board contends that ORS 758.470 expressly provides that the territorial allocation statutes do not restrict certain powers that cities enjoyed before the enactment of those statutes, including the power of cities to issue franchises to gas and electric utility…”
— Or. Rev. Stat. § 758.470(2) — 1 case
Pacificorp v. City of Ashland (1987) orctapp “However, ORS 758.470 reserves certain municipal powers and, in certain ways, restricts the application of the allocation statutes to cities.”
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