State Codes and Statutes

Statutes > Oregon > Vol13 > 551

Chapter 551 — DikingDistricts

 

2009 EDITION

 

 

DIKINGDISTRICTS

 

WATERLAWS

 

551.010     Useof “lands” in chapter; railroads subject to taxation; duties of surveyor andengineer

 

551.020     Petitionfor formation of diking district; bond

 

551.030     Publicationof petition; order to show cause; viewers to investigate proposed works

 

551.040     Dutiesof surveyors and viewers

 

551.050     Hearing;postponement; decision of court

 

551.060     Apportionmentof cost of dikes and dams

 

551.070     Advertisementfor bids; contracts; bond; personal subscriptions; modification of plan

 

551.080     Applicationfor payment of assessments in installments

 

551.090     Meetingsof landowners; procedure; selection of advisory board and superintendent

 

551.100     Superintendent;compensation; powers and duties; estimate of maintenance costs as basis forannual tax levy

 

551.110     Depositof district funds; payment of claims

 

551.120     Damages;recovery by landowner

 

551.130     Organizationof repair and maintenance district for land already diked; levy in proportionto benefits; credit for original cost

 

551.140     Realignmentof dikes by landowner

 

551.150     Vacationof right of way; reversion to original owner

 

551.160     Countyauthority as to dikes and dams

 

551.170     Appealsfrom county court

 

551.180     Dissolutionconditions and procedure

 

      551.010Use of “lands” in chapter; railroads subject to taxation; duties of surveyorand engineer.(1) When the term “lands” is used in this chapter in reference to taxation, itshall not be held to include improvements thereon; but the roadbed of railwaylines within diking districts shall be subject to taxation for diking purposes.

      (2)For purposes of this chapter, duties prescribed for the county surveyor mayalso be performed by the county engineer if the county employs a registeredprofessional engineer. [Amended by 1965 c.286 §1]

 

      551.020Petition for formation of diking district; bond. One-half ormore of the owners of lands which may be conveniently embraced in one dikingdistrict and which are subject to overflow by tidewaters or freshets, and whorepresent one-half or more of the area of the lands embraced within theproposed diking district, may present a petition to the county court of thecounty in which the lands are situated, reciting therein that it is desired toform a diking district for the purpose of improving by diking or damming thelands contained therein, which are subject to overflow by tidewater or byfreshets, as the case may be, and further giving by legal subdivisions, or bymetes and bounds, the description of such lands as are desired to be includedin the district, and stating that the petitioners are the owners of one-half ormore of the acreage to be embraced in the district. If, upon consideration ofthe petition, the county court finds the statements therein are substantiallycorrect, the court shall require the petitioners to give a bond sufficient tocover the preliminary expenses of the proceedings.

 

      551.030Publication of petition; order to show cause; viewers to investigate proposedworks.(1) The county court or board of county commissioners shall then have thepetition published in a newspaper of general circulation in the county in whichthe district is headquartered once each week for four consecutive weeks,together with an order citing all interested parties to appear before the courton a given date, after the time of publication of the notice has expired, andshow cause why the petition should not be granted.

      (2)The court shall appoint three disinterested viewers, nonresidents of theproposed district, together with the county surveyor, to view out the proposeddikes and dams, along the most practical route to accomplish the objectdesired, at the least possible cost and expense. [Amended by 1989 c.182 §44]

 

      551.040Duties of surveyors and viewers. The routine of procedure under thischapter shall be as far as practicable the same as prescribed by the road lawof the state for survey, location and establishment of county roads. Thesurveyors and viewers appointed shall meet as prescribed by the county court.They shall trace upon the ground the line of the dikes and dams necessary, andshall keep an accurate record of the magnetic bearings and the distances uponthe same. They shall designate the width of the right of way through which thedikes and dams shall pass, which right of way, if the petition is granted,shall be the property of the district in so far as is necessary for the purposeof building and maintaining the works. The surveyors and viewers shall alsodefine the boundaries of the district, and make an accurate list, by legalsubdivision, of the lands embraced therein, and the names of the ownersthereof. They shall further make plans for, and estimate the cost of, theproposed dikes and dams, and shall file with the county clerk, at least oneweek before the day set for a hearing, a complete report of their works. Theirreport shall be open to public inspection.

 

      551.050Hearing; postponement; decision of court. At the time advertised for thehearing of interested parties, the court may postpone the hearing as may benecessary in order to allow the viewers more time in which to report, or forother good cause. If, upon the final hearing, the county court, from the reportof the viewers and the testimony of interested persons, believes that thebenefits to be derived from forming a diking district are not sufficientlygreat to justify the expenditure which will be incurred, the petition andreport shall be dismissed at the cost of the petitioners. If the court believesthat the proposed improvement will be for the general public good, and that theincrease in the taxable value of the land will be greater than the cost, orthat destruction of or damage to property equal to the cost will be prevented,the petition shall be granted and the district formed, a number given by whichit shall be designated in future proceedings, the report of the viewers adoptedand incorporated in the court records, and the cost of the preliminary workassessed upon the district.

 

      551.060Apportionment of cost of dikes and dams. After the petition has been granted andthe proceedings had as specified in ORS 551.050, the court shall apportion theestimated cost of the dikes and dams among the landowners of the proposeddistrict, in proportion to the valuation of the lands therein, according to theestimated value placed upon the respective tracts by the viewers. The cost thusapportioned shall be a tax upon the land and shall be placed upon theassessment roll of the county for the current year. Such taxes for dikingpurposes shall have the same legal effect and be collected in a like manner asother state and county taxes upon the assessment roll. [Amended by 2001 c.497 §1]

 

      551.070Advertisement for bids; contracts; bond; personal subscriptions; modificationof plan.When the tax has been collected or the application filed as provided in ORS551.080, the county court shall advertise for bids on the proposed work, eitheras a whole or in parts, as may be deemed most economical. The advertisement forbids shall be published in the official county paper once each week for twosuccessive weeks previous to letting the contracts. The contracts shall bedrawn in such terms as will insure the district against loss, and a bondrequired of the contractor such as will insure the completion of the work incase of failure to comply with the agreement. No contract shall be awardedwhich calls for an expenditure of a sum of money greater than the tax leviedfor the purpose; provided, that the difference may be made up by personalsubscriptions; and provided also, the court may modify the plan so as to bringthe cost of work within the tax levy, if such modification can be made withoutmaterial detriment to the improvements.

 

      551.080Application for payment of assessments in installments. After theassessments have been made, the owner of any property assessed for suchimprovement in a sum not less than $50 may, at any time within 10 days afterthe cost of such diking district has been apportioned, file with the clerk ofthe county court a written application to pay the assessment in installments.The application shall state that the applicant waives all irregularities ordefects, jurisdictional or otherwise, in the proceedings to create the dikingdistrict, and in the assessment and apportionment of costs. The applicationshall contain a provision that the applicant agrees to pay the assessment infive annual installments with interest at the rate of six percent per annum.But no such application shall be received and accepted where the assessmentexceeds the assessed valuation of the property on the tax roll of the county.The installments shall be paid annually from the time of the apportionment ofthe costs. In case of default in the payment of any installment for 20 days afterit becomes payable, the whole of the remaining unpaid sum shall be collected asa tax against the property assessed for the same.

 

      551.090Meetings of landowners; procedure; selection of advisory board andsuperintendent.(1) Within 10 days after the petition has been granted, the petitioners shallcall a meeting of the landowners of the district, to be held in the district ata time and place by them designated, for the purpose of choosing threelandowners as an advisory board and nominating one landowner for superintendentof the district. Notice of the meeting shall be signed by at least three of thepetitioners and posted in three public places in the district five days beforethe date of the meeting.

      (2)At the meeting and at all subsequent district meetings one-half of thelandowners in the district being the record owners of at least one-half of thenumber of acres of land therein shall constitute a quorum competent to transactbusiness, and each landowner present shall be entitled to one vote for eachacre of land in the district of which the landowner is at the time the recordowner. All meetings shall be organized by selecting a chairperson andsecretary. The secretary shall certify all proceedings taken and file the samewith the county court of the county within five days after any meeting.

      (3)The advisory board shall assist the superintendent with its advice and counselconcerning the necessity of work and the manner thereof and in the repair andmaintenance of the dikes and dams in the district. The members of the advisoryboard shall hold office until the next annual meeting and until theirsuccessors are elected and qualified.

      (4)There shall be an annual meeting of the landowners of the district on the firstMonday in November of each year at 11 a.m., at which time, or at an adjournedmeeting thereof, three landowners of the district shall be chosen for theadvisory board, and a superintendent shall be nominated for the next calendaryear, whose selection shall be certified to the county court on or beforeJanuary 1 each year. The county court shall appoint for superintendent of dikesin each district the person so nominated by the landowners. Should the districtfail to file with the county court a certificate of the nomination of a superintendent,then the county court shall make its own selection from the landowners in thedistrict and appoint the superintendent. In either case the superintendentshall serve until the next annual appointment and until a successor isappointed, subject to removal by the court for neglect of duty, incapacity orother good cause. In case of vacancy in the superintendent’s office the countycourt may, on consultation with the advisory board, fill the vacancy until thenext annual selection.

 

      551.100Superintendent; compensation; powers and duties; estimate of maintenance costsas basis for annual tax levy. (1) The superintendent:

      (a)Shall receive such pay for services as the court may allow, but shall be paidonly for the time actually employed, and in no case shall the rate of payexceed that allowed by the county surveyor.

      (b)Shall oversee the construction and repair of dikes and dams.

      (c)Shall see that all contracts are faithfully executed, and the work done in athorough manner.

      (d)After the dikes are completed, may employ the labor necessary to maintain themat the usual rate of wages allowed to laborers on the county road; provided,that in an emergency the county court may allow a higher rate of wages; andprovided, further, that the county court may, with the approval of the advisoryboard, allow work on maintenance to be done by contract.

      (2)The superintendent shall also, not less than 15 nor more than 30 days prior tothe beginning of each fiscal year, file with the county court an estimate ofthe money required for the maintenance of the dikes and dams for the succeedingyear. Such estimates added to any indebtedness there may be against thedistrict shall be the basis of the tax for next year. The advisory board alsoshall file with the county court, on or before the 15th day preceding thebeginning of each fiscal year, an estimate of the money required for themaintenance of the dikes and dams for the next succeeding year with a statementof the work in its opinion, required to be done, which estimates the court mayconsider in making its levy.

 

      551.110Deposit of district funds; payment of claims. Moneys of a district may bedeposited in one or more depositories, as defined in ORS 295.001, designated bythe superintendent of the district in consultation with the advisory board.Moneys deposited may be withdrawn or paid out only upon a proper order andwarrant or upon a check signed by the superintendent. The order shall:

      (1)Specify the name of the person to whom the moneys are to be paid;

      (2)Specify the fund from which the moneys are to be paid;

      (3)State generally the purpose for which the moneys are to be paid; and

      (4)Be entered in the record of proceedings of landowner meetings. [Amended by 2001c.497 §2]

 

      551.120Damages; recovery by landowner. If, in locating and establishing thedikes and dams provided for in this chapter, an owner of land through whichthey pass is aggrieved on the score of right of way or other causes, the ownershall have proper damage. In such cases claims for damages shall be filed andthe amount thereof determined in accordance with the general road law in likecases. The damages allowed shall be assessed against the lands of the districtin the same manner as the tax for construction, and paid to the aggrievedparties in the same manner in which other claims are paid.

 

      551.130Organization of repair and maintenance district for land already diked; levy inproportion to benefits; credit for original cost. Owners of landalready diked may organize districts for the repair and maintenance of thedikes and dams thereof by complying with the procedure prescribed in thischapter, except that the petition need not be signed by more persons than theowners of more than one-half of the acreage embraced in the limits of theproposed district. The board of viewers shall provide for placing the dikes anddams in thorough repair and up to a uniform standard, and shall levy the costof such repairs in the first instance, not upon the assessed valuation of thelands, but in proportion to the benefits conferred. The value of the dikes anddams as they stand shall be estimated and due credit given to the lands whichhave borne the original cost of construction; provided, such credit shallentitle the land to no consideration greater than release from the cost ofrepairs in the first instance.

 

      551.140Realignment of dikes by landowner. Any person through whose lands a dikehas been constructed under this chapter may be allowed to construct a dike uponnew lines between any two points on the original line. In such case the ownershall file application with the county court, giving a plat of the proposedchange, and indorsed by the superintendent of the district. If the court issatisfied that the change is not detrimental to the district, the applicationshall be granted. The applicant shall construct the new dike at the expense ofthe applicant, and up to the standard of the original, of which fact thesuperintendent shall be the judge. The dike thus constructed shall become the propertyof the district in the same manner as the original, and subject to the sameregulation, and the right of way of the original dike shall thereupon becomevacated.

 

      551.150Vacation of right of way; reversion to original owner. The countycourt may vacate the right of way through which the dikes and dams pass, in thesame manner in which county roads are vacated, and the right of way shallthereupon revert to the original owner.

 

      551.160County authority as to dikes and dams. The governing body of any county shallhave the powers provided for it in this chapter to regulate the building andmaintenance of dikes and dams for the purpose of reclaiming and improvingsubmersible lands as defined in ORS 274.005, or lands subject to overflow byfreshets, and for the purpose of protecting lands from overflow where greatdamage is liable to be caused thereby. [Amended by 1969 c.594 §60]

 

      551.170Appeals from county court. Appeals may be taken from the action of the countycourt in carrying out the provisions of this chapter in like manner as appealsare provided for under the road law. Any judgment resulting therefrom shall bean expense upon the district, and not upon the county, and shall be providedfor in the tax levy upon the district.

 

      551.180Dissolution conditions and procedure. (1) A diking district may be dissolvedin accordance with ORS 198.920 to 198.955 if:

      (a)Either an existing drainage district formed under ORS chapter 547 or anexisting water control district formed under ORS chapter 553 agrees to continueto provide operation and maintenance of the levees and perform other floodcontrol and related works and improvements to the inhabitants of the dikingdistrict; and

      (b)Any other sponsoring governmental agency to which the district owes anobligation under a contract or agreement consents to the dissolution andturnover to the successor district; and

      (c)The dissolving district has no outstanding indebtedness.

      (2)The dissolution may be initiated by the board of county commissioners of thecounty in which the district is located notwithstanding the provisions of ORS198.920 (3)(a) and (b). If the proposal meets all the conditions described bysubsection (1) of this section, the board of county commissioners shalldispense with the election required by ORS 198.935. [1973 c.665 §2]

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State Codes and Statutes

Statutes > Oregon > Vol13 > 551

Chapter 551 — DikingDistricts

 

2009 EDITION

 

 

DIKINGDISTRICTS

 

WATERLAWS

 

551.010     Useof “lands” in chapter; railroads subject to taxation; duties of surveyor andengineer

 

551.020     Petitionfor formation of diking district; bond

 

551.030     Publicationof petition; order to show cause; viewers to investigate proposed works

 

551.040     Dutiesof surveyors and viewers

 

551.050     Hearing;postponement; decision of court

 

551.060     Apportionmentof cost of dikes and dams

 

551.070     Advertisementfor bids; contracts; bond; personal subscriptions; modification of plan

 

551.080     Applicationfor payment of assessments in installments

 

551.090     Meetingsof landowners; procedure; selection of advisory board and superintendent

 

551.100     Superintendent;compensation; powers and duties; estimate of maintenance costs as basis forannual tax levy

 

551.110     Depositof district funds; payment of claims

 

551.120     Damages;recovery by landowner

 

551.130     Organizationof repair and maintenance district for land already diked; levy in proportionto benefits; credit for original cost

 

551.140     Realignmentof dikes by landowner

 

551.150     Vacationof right of way; reversion to original owner

 

551.160     Countyauthority as to dikes and dams

 

551.170     Appealsfrom county court

 

551.180     Dissolutionconditions and procedure

 

      551.010Use of “lands” in chapter; railroads subject to taxation; duties of surveyorand engineer.(1) When the term “lands” is used in this chapter in reference to taxation, itshall not be held to include improvements thereon; but the roadbed of railwaylines within diking districts shall be subject to taxation for diking purposes.

      (2)For purposes of this chapter, duties prescribed for the county surveyor mayalso be performed by the county engineer if the county employs a registeredprofessional engineer. [Amended by 1965 c.286 §1]

 

      551.020Petition for formation of diking district; bond. One-half ormore of the owners of lands which may be conveniently embraced in one dikingdistrict and which are subject to overflow by tidewaters or freshets, and whorepresent one-half or more of the area of the lands embraced within theproposed diking district, may present a petition to the county court of thecounty in which the lands are situated, reciting therein that it is desired toform a diking district for the purpose of improving by diking or damming thelands contained therein, which are subject to overflow by tidewater or byfreshets, as the case may be, and further giving by legal subdivisions, or bymetes and bounds, the description of such lands as are desired to be includedin the district, and stating that the petitioners are the owners of one-half ormore of the acreage to be embraced in the district. If, upon consideration ofthe petition, the county court finds the statements therein are substantiallycorrect, the court shall require the petitioners to give a bond sufficient tocover the preliminary expenses of the proceedings.

 

      551.030Publication of petition; order to show cause; viewers to investigate proposedworks.(1) The county court or board of county commissioners shall then have thepetition published in a newspaper of general circulation in the county in whichthe district is headquartered once each week for four consecutive weeks,together with an order citing all interested parties to appear before the courton a given date, after the time of publication of the notice has expired, andshow cause why the petition should not be granted.

      (2)The court shall appoint three disinterested viewers, nonresidents of theproposed district, together with the county surveyor, to view out the proposeddikes and dams, along the most practical route to accomplish the objectdesired, at the least possible cost and expense. [Amended by 1989 c.182 §44]

 

      551.040Duties of surveyors and viewers. The routine of procedure under thischapter shall be as far as practicable the same as prescribed by the road lawof the state for survey, location and establishment of county roads. Thesurveyors and viewers appointed shall meet as prescribed by the county court.They shall trace upon the ground the line of the dikes and dams necessary, andshall keep an accurate record of the magnetic bearings and the distances uponthe same. They shall designate the width of the right of way through which thedikes and dams shall pass, which right of way, if the petition is granted,shall be the property of the district in so far as is necessary for the purposeof building and maintaining the works. The surveyors and viewers shall alsodefine the boundaries of the district, and make an accurate list, by legalsubdivision, of the lands embraced therein, and the names of the ownersthereof. They shall further make plans for, and estimate the cost of, theproposed dikes and dams, and shall file with the county clerk, at least oneweek before the day set for a hearing, a complete report of their works. Theirreport shall be open to public inspection.

 

      551.050Hearing; postponement; decision of court. At the time advertised for thehearing of interested parties, the court may postpone the hearing as may benecessary in order to allow the viewers more time in which to report, or forother good cause. If, upon the final hearing, the county court, from the reportof the viewers and the testimony of interested persons, believes that thebenefits to be derived from forming a diking district are not sufficientlygreat to justify the expenditure which will be incurred, the petition andreport shall be dismissed at the cost of the petitioners. If the court believesthat the proposed improvement will be for the general public good, and that theincrease in the taxable value of the land will be greater than the cost, orthat destruction of or damage to property equal to the cost will be prevented,the petition shall be granted and the district formed, a number given by whichit shall be designated in future proceedings, the report of the viewers adoptedand incorporated in the court records, and the cost of the preliminary workassessed upon the district.

 

      551.060Apportionment of cost of dikes and dams. After the petition has been granted andthe proceedings had as specified in ORS 551.050, the court shall apportion theestimated cost of the dikes and dams among the landowners of the proposeddistrict, in proportion to the valuation of the lands therein, according to theestimated value placed upon the respective tracts by the viewers. The cost thusapportioned shall be a tax upon the land and shall be placed upon theassessment roll of the county for the current year. Such taxes for dikingpurposes shall have the same legal effect and be collected in a like manner asother state and county taxes upon the assessment roll. [Amended by 2001 c.497 §1]

 

      551.070Advertisement for bids; contracts; bond; personal subscriptions; modificationof plan.When the tax has been collected or the application filed as provided in ORS551.080, the county court shall advertise for bids on the proposed work, eitheras a whole or in parts, as may be deemed most economical. The advertisement forbids shall be published in the official county paper once each week for twosuccessive weeks previous to letting the contracts. The contracts shall bedrawn in such terms as will insure the district against loss, and a bondrequired of the contractor such as will insure the completion of the work incase of failure to comply with the agreement. No contract shall be awardedwhich calls for an expenditure of a sum of money greater than the tax leviedfor the purpose; provided, that the difference may be made up by personalsubscriptions; and provided also, the court may modify the plan so as to bringthe cost of work within the tax levy, if such modification can be made withoutmaterial detriment to the improvements.

 

      551.080Application for payment of assessments in installments. After theassessments have been made, the owner of any property assessed for suchimprovement in a sum not less than $50 may, at any time within 10 days afterthe cost of such diking district has been apportioned, file with the clerk ofthe county court a written application to pay the assessment in installments.The application shall state that the applicant waives all irregularities ordefects, jurisdictional or otherwise, in the proceedings to create the dikingdistrict, and in the assessment and apportionment of costs. The applicationshall contain a provision that the applicant agrees to pay the assessment infive annual installments with interest at the rate of six percent per annum.But no such application shall be received and accepted where the assessmentexceeds the assessed valuation of the property on the tax roll of the county.The installments shall be paid annually from the time of the apportionment ofthe costs. In case of default in the payment of any installment for 20 days afterit becomes payable, the whole of the remaining unpaid sum shall be collected asa tax against the property assessed for the same.

 

      551.090Meetings of landowners; procedure; selection of advisory board andsuperintendent.(1) Within 10 days after the petition has been granted, the petitioners shallcall a meeting of the landowners of the district, to be held in the district ata time and place by them designated, for the purpose of choosing threelandowners as an advisory board and nominating one landowner for superintendentof the district. Notice of the meeting shall be signed by at least three of thepetitioners and posted in three public places in the district five days beforethe date of the meeting.

      (2)At the meeting and at all subsequent district meetings one-half of thelandowners in the district being the record owners of at least one-half of thenumber of acres of land therein shall constitute a quorum competent to transactbusiness, and each landowner present shall be entitled to one vote for eachacre of land in the district of which the landowner is at the time the recordowner. All meetings shall be organized by selecting a chairperson andsecretary. The secretary shall certify all proceedings taken and file the samewith the county court of the county within five days after any meeting.

      (3)The advisory board shall assist the superintendent with its advice and counselconcerning the necessity of work and the manner thereof and in the repair andmaintenance of the dikes and dams in the district. The members of the advisoryboard shall hold office until the next annual meeting and until theirsuccessors are elected and qualified.

      (4)There shall be an annual meeting of the landowners of the district on the firstMonday in November of each year at 11 a.m., at which time, or at an adjournedmeeting thereof, three landowners of the district shall be chosen for theadvisory board, and a superintendent shall be nominated for the next calendaryear, whose selection shall be certified to the county court on or beforeJanuary 1 each year. The county court shall appoint for superintendent of dikesin each district the person so nominated by the landowners. Should the districtfail to file with the county court a certificate of the nomination of a superintendent,then the county court shall make its own selection from the landowners in thedistrict and appoint the superintendent. In either case the superintendentshall serve until the next annual appointment and until a successor isappointed, subject to removal by the court for neglect of duty, incapacity orother good cause. In case of vacancy in the superintendent’s office the countycourt may, on consultation with the advisory board, fill the vacancy until thenext annual selection.

 

      551.100Superintendent; compensation; powers and duties; estimate of maintenance costsas basis for annual tax levy. (1) The superintendent:

      (a)Shall receive such pay for services as the court may allow, but shall be paidonly for the time actually employed, and in no case shall the rate of payexceed that allowed by the county surveyor.

      (b)Shall oversee the construction and repair of dikes and dams.

      (c)Shall see that all contracts are faithfully executed, and the work done in athorough manner.

      (d)After the dikes are completed, may employ the labor necessary to maintain themat the usual rate of wages allowed to laborers on the county road; provided,that in an emergency the county court may allow a higher rate of wages; andprovided, further, that the county court may, with the approval of the advisoryboard, allow work on maintenance to be done by contract.

      (2)The superintendent shall also, not less than 15 nor more than 30 days prior tothe beginning of each fiscal year, file with the county court an estimate ofthe money required for the maintenance of the dikes and dams for the succeedingyear. Such estimates added to any indebtedness there may be against thedistrict shall be the basis of the tax for next year. The advisory board alsoshall file with the county court, on or before the 15th day preceding thebeginning of each fiscal year, an estimate of the money required for themaintenance of the dikes and dams for the next succeeding year with a statementof the work in its opinion, required to be done, which estimates the court mayconsider in making its levy.

 

      551.110Deposit of district funds; payment of claims. Moneys of a district may bedeposited in one or more depositories, as defined in ORS 295.001, designated bythe superintendent of the district in consultation with the advisory board.Moneys deposited may be withdrawn or paid out only upon a proper order andwarrant or upon a check signed by the superintendent. The order shall:

      (1)Specify the name of the person to whom the moneys are to be paid;

      (2)Specify the fund from which the moneys are to be paid;

      (3)State generally the purpose for which the moneys are to be paid; and

      (4)Be entered in the record of proceedings of landowner meetings. [Amended by 2001c.497 §2]

 

      551.120Damages; recovery by landowner. If, in locating and establishing thedikes and dams provided for in this chapter, an owner of land through whichthey pass is aggrieved on the score of right of way or other causes, the ownershall have proper damage. In such cases claims for damages shall be filed andthe amount thereof determined in accordance with the general road law in likecases. The damages allowed shall be assessed against the lands of the districtin the same manner as the tax for construction, and paid to the aggrievedparties in the same manner in which other claims are paid.

 

      551.130Organization of repair and maintenance district for land already diked; levy inproportion to benefits; credit for original cost. Owners of landalready diked may organize districts for the repair and maintenance of thedikes and dams thereof by complying with the procedure prescribed in thischapter, except that the petition need not be signed by more persons than theowners of more than one-half of the acreage embraced in the limits of theproposed district. The board of viewers shall provide for placing the dikes anddams in thorough repair and up to a uniform standard, and shall levy the costof such repairs in the first instance, not upon the assessed valuation of thelands, but in proportion to the benefits conferred. The value of the dikes anddams as they stand shall be estimated and due credit given to the lands whichhave borne the original cost of construction; provided, such credit shallentitle the land to no consideration greater than release from the cost ofrepairs in the first instance.

 

      551.140Realignment of dikes by landowner. Any person through whose lands a dikehas been constructed under this chapter may be allowed to construct a dike uponnew lines between any two points on the original line. In such case the ownershall file application with the county court, giving a plat of the proposedchange, and indorsed by the superintendent of the district. If the court issatisfied that the change is not detrimental to the district, the applicationshall be granted. The applicant shall construct the new dike at the expense ofthe applicant, and up to the standard of the original, of which fact thesuperintendent shall be the judge. The dike thus constructed shall become the propertyof the district in the same manner as the original, and subject to the sameregulation, and the right of way of the original dike shall thereupon becomevacated.

 

      551.150Vacation of right of way; reversion to original owner. The countycourt may vacate the right of way through which the dikes and dams pass, in thesame manner in which county roads are vacated, and the right of way shallthereupon revert to the original owner.

 

      551.160County authority as to dikes and dams. The governing body of any county shallhave the powers provided for it in this chapter to regulate the building andmaintenance of dikes and dams for the purpose of reclaiming and improvingsubmersible lands as defined in ORS 274.005, or lands subject to overflow byfreshets, and for the purpose of protecting lands from overflow where greatdamage is liable to be caused thereby. [Amended by 1969 c.594 §60]

 

      551.170Appeals from county court. Appeals may be taken from the action of the countycourt in carrying out the provisions of this chapter in like manner as appealsare provided for under the road law. Any judgment resulting therefrom shall bean expense upon the district, and not upon the county, and shall be providedfor in the tax levy upon the district.

 

      551.180Dissolution conditions and procedure. (1) A diking district may be dissolvedin accordance with ORS 198.920 to 198.955 if:

      (a)Either an existing drainage district formed under ORS chapter 547 or anexisting water control district formed under ORS chapter 553 agrees to continueto provide operation and maintenance of the levees and perform other floodcontrol and related works and improvements to the inhabitants of the dikingdistrict; and

      (b)Any other sponsoring governmental agency to which the district owes anobligation under a contract or agreement consents to the dissolution andturnover to the successor district; and

      (c)The dissolving district has no outstanding indebtedness.

      (2)The dissolution may be initiated by the board of county commissioners of thecounty in which the district is located notwithstanding the provisions of ORS198.920 (3)(a) and (b). If the proposal meets all the conditions described bysubsection (1) of this section, the board of county commissioners shalldispense with the election required by ORS 198.935. [1973 c.665 §2]

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State Codes and Statutes

State Codes and Statutes

Statutes > Oregon > Vol13 > 551

Chapter 551 — DikingDistricts

 

2009 EDITION

 

 

DIKINGDISTRICTS

 

WATERLAWS

 

551.010     Useof “lands” in chapter; railroads subject to taxation; duties of surveyor andengineer

 

551.020     Petitionfor formation of diking district; bond

 

551.030     Publicationof petition; order to show cause; viewers to investigate proposed works

 

551.040     Dutiesof surveyors and viewers

 

551.050     Hearing;postponement; decision of court

 

551.060     Apportionmentof cost of dikes and dams

 

551.070     Advertisementfor bids; contracts; bond; personal subscriptions; modification of plan

 

551.080     Applicationfor payment of assessments in installments

 

551.090     Meetingsof landowners; procedure; selection of advisory board and superintendent

 

551.100     Superintendent;compensation; powers and duties; estimate of maintenance costs as basis forannual tax levy

 

551.110     Depositof district funds; payment of claims

 

551.120     Damages;recovery by landowner

 

551.130     Organizationof repair and maintenance district for land already diked; levy in proportionto benefits; credit for original cost

 

551.140     Realignmentof dikes by landowner

 

551.150     Vacationof right of way; reversion to original owner

 

551.160     Countyauthority as to dikes and dams

 

551.170     Appealsfrom county court

 

551.180     Dissolutionconditions and procedure

 

      551.010Use of “lands” in chapter; railroads subject to taxation; duties of surveyorand engineer.(1) When the term “lands” is used in this chapter in reference to taxation, itshall not be held to include improvements thereon; but the roadbed of railwaylines within diking districts shall be subject to taxation for diking purposes.

      (2)For purposes of this chapter, duties prescribed for the county surveyor mayalso be performed by the county engineer if the county employs a registeredprofessional engineer. [Amended by 1965 c.286 §1]

 

      551.020Petition for formation of diking district; bond. One-half ormore of the owners of lands which may be conveniently embraced in one dikingdistrict and which are subject to overflow by tidewaters or freshets, and whorepresent one-half or more of the area of the lands embraced within theproposed diking district, may present a petition to the county court of thecounty in which the lands are situated, reciting therein that it is desired toform a diking district for the purpose of improving by diking or damming thelands contained therein, which are subject to overflow by tidewater or byfreshets, as the case may be, and further giving by legal subdivisions, or bymetes and bounds, the description of such lands as are desired to be includedin the district, and stating that the petitioners are the owners of one-half ormore of the acreage to be embraced in the district. If, upon consideration ofthe petition, the county court finds the statements therein are substantiallycorrect, the court shall require the petitioners to give a bond sufficient tocover the preliminary expenses of the proceedings.

 

      551.030Publication of petition; order to show cause; viewers to investigate proposedworks.(1) The county court or board of county commissioners shall then have thepetition published in a newspaper of general circulation in the county in whichthe district is headquartered once each week for four consecutive weeks,together with an order citing all interested parties to appear before the courton a given date, after the time of publication of the notice has expired, andshow cause why the petition should not be granted.

      (2)The court shall appoint three disinterested viewers, nonresidents of theproposed district, together with the county surveyor, to view out the proposeddikes and dams, along the most practical route to accomplish the objectdesired, at the least possible cost and expense. [Amended by 1989 c.182 §44]

 

      551.040Duties of surveyors and viewers. The routine of procedure under thischapter shall be as far as practicable the same as prescribed by the road lawof the state for survey, location and establishment of county roads. Thesurveyors and viewers appointed shall meet as prescribed by the county court.They shall trace upon the ground the line of the dikes and dams necessary, andshall keep an accurate record of the magnetic bearings and the distances uponthe same. They shall designate the width of the right of way through which thedikes and dams shall pass, which right of way, if the petition is granted,shall be the property of the district in so far as is necessary for the purposeof building and maintaining the works. The surveyors and viewers shall alsodefine the boundaries of the district, and make an accurate list, by legalsubdivision, of the lands embraced therein, and the names of the ownersthereof. They shall further make plans for, and estimate the cost of, theproposed dikes and dams, and shall file with the county clerk, at least oneweek before the day set for a hearing, a complete report of their works. Theirreport shall be open to public inspection.

 

      551.050Hearing; postponement; decision of court. At the time advertised for thehearing of interested parties, the court may postpone the hearing as may benecessary in order to allow the viewers more time in which to report, or forother good cause. If, upon the final hearing, the county court, from the reportof the viewers and the testimony of interested persons, believes that thebenefits to be derived from forming a diking district are not sufficientlygreat to justify the expenditure which will be incurred, the petition andreport shall be dismissed at the cost of the petitioners. If the court believesthat the proposed improvement will be for the general public good, and that theincrease in the taxable value of the land will be greater than the cost, orthat destruction of or damage to property equal to the cost will be prevented,the petition shall be granted and the district formed, a number given by whichit shall be designated in future proceedings, the report of the viewers adoptedand incorporated in the court records, and the cost of the preliminary workassessed upon the district.

 

      551.060Apportionment of cost of dikes and dams. After the petition has been granted andthe proceedings had as specified in ORS 551.050, the court shall apportion theestimated cost of the dikes and dams among the landowners of the proposeddistrict, in proportion to the valuation of the lands therein, according to theestimated value placed upon the respective tracts by the viewers. The cost thusapportioned shall be a tax upon the land and shall be placed upon theassessment roll of the county for the current year. Such taxes for dikingpurposes shall have the same legal effect and be collected in a like manner asother state and county taxes upon the assessment roll. [Amended by 2001 c.497 §1]

 

      551.070Advertisement for bids; contracts; bond; personal subscriptions; modificationof plan.When the tax has been collected or the application filed as provided in ORS551.080, the county court shall advertise for bids on the proposed work, eitheras a whole or in parts, as may be deemed most economical. The advertisement forbids shall be published in the official county paper once each week for twosuccessive weeks previous to letting the contracts. The contracts shall bedrawn in such terms as will insure the district against loss, and a bondrequired of the contractor such as will insure the completion of the work incase of failure to comply with the agreement. No contract shall be awardedwhich calls for an expenditure of a sum of money greater than the tax leviedfor the purpose; provided, that the difference may be made up by personalsubscriptions; and provided also, the court may modify the plan so as to bringthe cost of work within the tax levy, if such modification can be made withoutmaterial detriment to the improvements.

 

      551.080Application for payment of assessments in installments. After theassessments have been made, the owner of any property assessed for suchimprovement in a sum not less than $50 may, at any time within 10 days afterthe cost of such diking district has been apportioned, file with the clerk ofthe county court a written application to pay the assessment in installments.The application shall state that the applicant waives all irregularities ordefects, jurisdictional or otherwise, in the proceedings to create the dikingdistrict, and in the assessment and apportionment of costs. The applicationshall contain a provision that the applicant agrees to pay the assessment infive annual installments with interest at the rate of six percent per annum.But no such application shall be received and accepted where the assessmentexceeds the assessed valuation of the property on the tax roll of the county.The installments shall be paid annually from the time of the apportionment ofthe costs. In case of default in the payment of any installment for 20 days afterit becomes payable, the whole of the remaining unpaid sum shall be collected asa tax against the property assessed for the same.

 

      551.090Meetings of landowners; procedure; selection of advisory board andsuperintendent.(1) Within 10 days after the petition has been granted, the petitioners shallcall a meeting of the landowners of the district, to be held in the district ata time and place by them designated, for the purpose of choosing threelandowners as an advisory board and nominating one landowner for superintendentof the district. Notice of the meeting shall be signed by at least three of thepetitioners and posted in three public places in the district five days beforethe date of the meeting.

      (2)At the meeting and at all subsequent district meetings one-half of thelandowners in the district being the record owners of at least one-half of thenumber of acres of land therein shall constitute a quorum competent to transactbusiness, and each landowner present shall be entitled to one vote for eachacre of land in the district of which the landowner is at the time the recordowner. All meetings shall be organized by selecting a chairperson andsecretary. The secretary shall certify all proceedings taken and file the samewith the county court of the county within five days after any meeting.

      (3)The advisory board shall assist the superintendent with its advice and counselconcerning the necessity of work and the manner thereof and in the repair andmaintenance of the dikes and dams in the district. The members of the advisoryboard shall hold office until the next annual meeting and until theirsuccessors are elected and qualified.

      (4)There shall be an annual meeting of the landowners of the district on the firstMonday in November of each year at 11 a.m., at which time, or at an adjournedmeeting thereof, three landowners of the district shall be chosen for theadvisory board, and a superintendent shall be nominated for the next calendaryear, whose selection shall be certified to the county court on or beforeJanuary 1 each year. The county court shall appoint for superintendent of dikesin each district the person so nominated by the landowners. Should the districtfail to file with the county court a certificate of the nomination of a superintendent,then the county court shall make its own selection from the landowners in thedistrict and appoint the superintendent. In either case the superintendentshall serve until the next annual appointment and until a successor isappointed, subject to removal by the court for neglect of duty, incapacity orother good cause. In case of vacancy in the superintendent’s office the countycourt may, on consultation with the advisory board, fill the vacancy until thenext annual selection.

 

      551.100Superintendent; compensation; powers and duties; estimate of maintenance costsas basis for annual tax levy. (1) The superintendent:

      (a)Shall receive such pay for services as the court may allow, but shall be paidonly for the time actually employed, and in no case shall the rate of payexceed that allowed by the county surveyor.

      (b)Shall oversee the construction and repair of dikes and dams.

      (c)Shall see that all contracts are faithfully executed, and the work done in athorough manner.

      (d)After the dikes are completed, may employ the labor necessary to maintain themat the usual rate of wages allowed to laborers on the county road; provided,that in an emergency the county court may allow a higher rate of wages; andprovided, further, that the county court may, with the approval of the advisoryboard, allow work on maintenance to be done by contract.

      (2)The superintendent shall also, not less than 15 nor more than 30 days prior tothe beginning of each fiscal year, file with the county court an estimate ofthe money required for the maintenance of the dikes and dams for the succeedingyear. Such estimates added to any indebtedness there may be against thedistrict shall be the basis of the tax for next year. The advisory board alsoshall file with the county court, on or before the 15th day preceding thebeginning of each fiscal year, an estimate of the money required for themaintenance of the dikes and dams for the next succeeding year with a statementof the work in its opinion, required to be done, which estimates the court mayconsider in making its levy.

 

      551.110Deposit of district funds; payment of claims. Moneys of a district may bedeposited in one or more depositories, as defined in ORS 295.001, designated bythe superintendent of the district in consultation with the advisory board.Moneys deposited may be withdrawn or paid out only upon a proper order andwarrant or upon a check signed by the superintendent. The order shall:

      (1)Specify the name of the person to whom the moneys are to be paid;

      (2)Specify the fund from which the moneys are to be paid;

      (3)State generally the purpose for which the moneys are to be paid; and

      (4)Be entered in the record of proceedings of landowner meetings. [Amended by 2001c.497 §2]

 

      551.120Damages; recovery by landowner. If, in locating and establishing thedikes and dams provided for in this chapter, an owner of land through whichthey pass is aggrieved on the score of right of way or other causes, the ownershall have proper damage. In such cases claims for damages shall be filed andthe amount thereof determined in accordance with the general road law in likecases. The damages allowed shall be assessed against the lands of the districtin the same manner as the tax for construction, and paid to the aggrievedparties in the same manner in which other claims are paid.

 

      551.130Organization of repair and maintenance district for land already diked; levy inproportion to benefits; credit for original cost. Owners of landalready diked may organize districts for the repair and maintenance of thedikes and dams thereof by complying with the procedure prescribed in thischapter, except that the petition need not be signed by more persons than theowners of more than one-half of the acreage embraced in the limits of theproposed district. The board of viewers shall provide for placing the dikes anddams in thorough repair and up to a uniform standard, and shall levy the costof such repairs in the first instance, not upon the assessed valuation of thelands, but in proportion to the benefits conferred. The value of the dikes anddams as they stand shall be estimated and due credit given to the lands whichhave borne the original cost of construction; provided, such credit shallentitle the land to no consideration greater than release from the cost ofrepairs in the first instance.

 

      551.140Realignment of dikes by landowner. Any person through whose lands a dikehas been constructed under this chapter may be allowed to construct a dike uponnew lines between any two points on the original line. In such case the ownershall file application with the county court, giving a plat of the proposedchange, and indorsed by the superintendent of the district. If the court issatisfied that the change is not detrimental to the district, the applicationshall be granted. The applicant shall construct the new dike at the expense ofthe applicant, and up to the standard of the original, of which fact thesuperintendent shall be the judge. The dike thus constructed shall become the propertyof the district in the same manner as the original, and subject to the sameregulation, and the right of way of the original dike shall thereupon becomevacated.

 

      551.150Vacation of right of way; reversion to original owner. The countycourt may vacate the right of way through which the dikes and dams pass, in thesame manner in which county roads are vacated, and the right of way shallthereupon revert to the original owner.

 

      551.160County authority as to dikes and dams. The governing body of any county shallhave the powers provided for it in this chapter to regulate the building andmaintenance of dikes and dams for the purpose of reclaiming and improvingsubmersible lands as defined in ORS 274.005, or lands subject to overflow byfreshets, and for the purpose of protecting lands from overflow where greatdamage is liable to be caused thereby. [Amended by 1969 c.594 §60]

 

      551.170Appeals from county court. Appeals may be taken from the action of the countycourt in carrying out the provisions of this chapter in like manner as appealsare provided for under the road law. Any judgment resulting therefrom shall bean expense upon the district, and not upon the county, and shall be providedfor in the tax levy upon the district.

 

      551.180Dissolution conditions and procedure. (1) A diking district may be dissolvedin accordance with ORS 198.920 to 198.955 if:

      (a)Either an existing drainage district formed under ORS chapter 547 or anexisting water control district formed under ORS chapter 553 agrees to continueto provide operation and maintenance of the levees and perform other floodcontrol and related works and improvements to the inhabitants of the dikingdistrict; and

      (b)Any other sponsoring governmental agency to which the district owes anobligation under a contract or agreement consents to the dissolution andturnover to the successor district; and

      (c)The dissolving district has no outstanding indebtedness.

      (2)The dissolution may be initiated by the board of county commissioners of thecounty in which the district is located notwithstanding the provisions of ORS198.920 (3)(a) and (b). If the proposal meets all the conditions described bysubsection (1) of this section, the board of county commissioners shalldispense with the election required by ORS 198.935. [1973 c.665 §2]

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