2005 Oregon Code - Chapter 551 :: Chapter 551 - Diking Districts
Chapter 551 — Diking Districts
2005 EDITION
DIKING DISTRICTS
WATER LAWS
551.010    Use of “lands” in chapter; railroads subject to taxation; duties of surveyor and engineer
551.020Â Â Â Â Petition for formation of diking district; bond
551.030Â Â Â Â Publication of petition; order to show cause; viewers to investigate proposed works
551.040Â Â Â Â Duties of surveyors and viewers
551.050Â Â Â Â Hearing; postponement; decision of court
551.060Â Â Â Â Apportionment of cost of dikes and dams
551.070Â Â Â Â Advertisement for bids; contracts; bond; personal subscriptions; modification of plan
551.080Â Â Â Â Application for payment of assessments in installments
551.090Â Â Â Â Meetings of landowners; procedure; selection of advisory board and superintendent
551.100Â Â Â Â Superintendent; compensation; powers and duties; estimate of maintenance costs as basis for annual tax levy
551.110Â Â Â Â Deposit of district funds; payment of claims
551.120Â Â Â Â Damages; recovery by landowner
551.130Â Â Â Â Organization of repair and maintenance district for land already diked; levy in proportion to benefits; credit for original cost
551.140Â Â Â Â Realignment of dikes by landowner
551.150Â Â Â Â Vacation of right of way; reversion to original owner
551.160Â Â Â Â County authority as to dikes and dams
551.170Â Â Â Â Appeals from county court
551.180Â Â Â Â Dissolution conditions and procedure
     551.010
Use of “lands” in chapter; railroads subject to taxation; duties of surveyor
and engineer. (1) When the term “lands” is used in this chapter in
reference to taxation, it shall not be held to include improvements thereon;
but the roadbed of railway lines within diking districts shall be subject to
taxation for diking purposes.
     (2) For purposes of this chapter, duties prescribed for the county surveyor may also be performed by the county engineer if the county employs a registered professional engineer. [Amended by 1965 c.286 §1]
     551.020
Petition for formation of diking district; bond. One-half or more of the
owners of lands which may be conveniently embraced in one diking district and
which are subject to overflow by tidewaters or freshets, and who represent
one-half or more of the area of the lands embraced within the proposed diking
district, may present a petition to the county court of the county in which the
lands are situated, reciting therein that it is desired to form a diking
district for the purpose of improving by diking or damming the lands contained
therein, which are subject to overflow by tidewater or by freshets, as the case
may be, and further giving by legal subdivisions, or by metes and bounds, the
description of such lands as are desired to be included in the district, and
stating that the petitioners are the owners of one-half or more of the acreage
to be embraced in the district. If, upon consideration of the petition, the
county court finds the statements therein are substantially correct, the court
shall require the petitioners to give a bond sufficient to cover the
preliminary expenses of the proceedings.
     551.030
Publication of petition; order to show cause; viewers to investigate proposed
works. (1) The county court or board of county commissioners shall then
have the petition published in a newspaper of general circulation in the county
in which the district is headquartered once each week for four consecutive
weeks, together with an order citing all interested parties to appear before
the court on a given date, after the time of publication of the notice has
expired, and show cause why the petition should not be granted.
     (2) The court shall appoint three disinterested viewers, nonresidents of the proposed district, together with the county surveyor, to view out the proposed dikes and dams, along the most practical route to accomplish the object desired, at the least possible cost and expense. [Amended by 1989 c.182 §44]
     551.040
Duties of surveyors and viewers. The routine of procedure under this
chapter shall be as far as practicable the same as prescribed by the road law
of the state for survey, location and establishment of county roads. The
surveyors 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, and
shall keep an accurate record of the magnetic bearings and the distances upon
the same. They shall designate the width of the right of way through which the
dikes 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 purpose
of building and maintaining the works. The surveyors and viewers shall also
define the boundaries of the district, and make an accurate list, by legal
subdivision, of the lands embraced therein, and the names of the owners
thereof. They shall further make plans for, and estimate the cost of, the
proposed dikes and dams, and shall file with the county clerk, at least one
week before the day set for a hearing, a complete report of their works. Their
report shall be open to public inspection.
     551.050
Hearing; postponement; decision of court. At the time advertised for the
hearing of interested parties, the court may postpone the hearing as may be
necessary in order to allow the viewers more time in which to report, or for
other good cause. If, upon the final hearing, the county court, from the report
of the viewers and the testimony of interested persons, believes that the
benefits to be derived from forming a diking district are not sufficiently
great to justify the expenditure which will be incurred, the petition and
report shall be dismissed at the cost of the petitioners. If the court believes
that the proposed improvement will be for the general public good, and that the
increase in the taxable value of the land will be greater than the cost, or
that 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 which
it shall be designated in future proceedings, the report of the viewers adopted
and incorporated in the court records, and the cost of the preliminary work
assessed upon the district.
     551.060
Apportionment of cost of dikes and dams. After the petition has been
granted and the proceedings had as specified in ORS 551.050, the court shall
apportion the estimated cost of the dikes and dams among the landowners of the
proposed district, in proportion to the valuation of the lands therein,
according to the estimated value placed upon the respective tracts by the
viewers. The cost thus apportioned shall be a tax upon the land and shall be
placed upon the assessment roll of the county for the current year. Such taxes
for diking purposes shall have the same legal effect and be collected in a like
manner as other state and county taxes upon the assessment roll. [Amended by
2001 c.497 §1]
     551.070
Advertisement for bids; contracts; bond; personal subscriptions; modification
of plan. When the tax has been collected or the application filed as
provided in ORS 551.080, the county court shall advertise for bids on the
proposed work, either as a whole or in parts, as may be deemed most economical.
The advertisement for bids shall be published in the official county paper once
each week for two successive weeks previous to letting the contracts. The
contracts shall be drawn in such terms as will insure the district against
loss, and a bond required of the contractor such as will insure the completion
of the work in case of failure to comply with the agreement. No contract shall
be awarded which calls for an expenditure of a sum of money greater than the
tax levied for the purpose; provided, that the difference may be made up by personal
subscriptions; and provided also, the court may modify the plan so as to bring
the cost of work within the tax levy, if such modification can be made without
material detriment to the improvements.
     551.080
Application for payment of assessments in installments. After the
assessments have been made, the owner of any property assessed for such
improvement in a sum not less than $50 may, at any time within 10 days after
the cost of such diking district has been apportioned, file with the clerk of
the county court a written application to pay the assessment in installments.
The application shall state that the applicant waives all irregularities or
defects, jurisdictional or otherwise, in the proceedings to create the diking
district, and in the assessment and apportionment of costs. The application
shall contain a provision that the applicant agrees to pay the assessment in
five annual installments with interest at the rate of six percent per annum.
But no such application shall be received and accepted where the assessment
exceeds 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 of
the costs. In case of default in the payment of any installment for 20 days after
it becomes payable, the whole of the remaining unpaid sum shall be collected as
a tax against the property assessed for the same.
     551.090
Meetings of landowners; procedure; selection of advisory board and
superintendent. (1) Within 10 days after the petition has been granted, the
petitioners shall call a meeting of the landowners of the district, to be held
in the district at a time and place by them designated, for the purpose of
choosing three landowners as an advisory board and nominating one landowner for
superintendent of the district. Notice of the meeting shall be signed by at
least three of the petitioners and posted in three public places in the
district five days before the date of the meeting.
     (2) At the meeting and at all subsequent district meetings one-half of the landowners in the district being the record owners of at least one-half of the number of acres of land therein shall constitute a quorum competent to transact business, and each landowner present shall be entitled to one vote for each acre of land in the district of which the landowner is at the time the record owner. All meetings shall be organized by selecting a chairperson and secretary. The secretary shall certify all proceedings taken and file the same with the county court of the county within five days after any meeting.
     (3) The advisory board shall assist the superintendent with its advice and counsel concerning the necessity of work and the manner thereof and in the repair and maintenance of the dikes and dams in the district. The members of the advisory board shall hold office until the next annual meeting and until their successors are elected and qualified.
     (4) There shall be an annual meeting of the landowners of the district on the first Monday in November of each year at 11 a.m., at which time, or at an adjourned meeting thereof, three landowners of the district shall be chosen for the advisory board, and a superintendent shall be nominated for the next calendar year, whose selection shall be certified to the county court on or before January 1 each year. The county court shall appoint for superintendent of dikes in each district the person so nominated by the landowners. Should the district fail 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 the district and appoint the superintendent. In either case the superintendent shall serve until the next annual appointment and until a successor is appointed, subject to removal by the court for neglect of duty, incapacity or other good cause. In case of vacancy in the superintendent’s office the county court may, on consultation with the advisory board, fill the vacancy until the next annual selection.
     551.100
Superintendent; compensation; powers and duties; estimate of maintenance costs
as basis for annual tax levy. (1) The superintendent:
     (a) Shall receive such pay for services as the court may allow, but shall be paid only for the time actually employed, and in no case shall the rate of pay exceed 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 a thorough manner.
     (d) After the dikes are completed, may employ the labor necessary to maintain them at 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; and provided, further, that the county court may, with the approval of the advisory board, allow work on maintenance to be done by contract.
     (2) The superintendent shall also, not less than 15 nor more than 30 days prior to the beginning of each fiscal year, file with the county court an estimate of the money required for the maintenance of the dikes and dams for the succeeding year. Such estimates added to any indebtedness there may be against the district shall be the basis of the tax for next year. The advisory board also shall file with the county court, on or before the 15th day preceding the beginning of each fiscal year, an estimate of the money required for the maintenance of the dikes and dams for the next succeeding year with a statement of the work in its opinion, required to be done, which estimates the court may consider in making its levy.
     551.110
Deposit of district funds; payment of claims. Moneys of a district may be
deposited in one or more depositories, as defined in ORS 295.005, designated by
the superintendent of the district in consultation with the advisory board.
Moneys deposited may be withdrawn or paid out only upon a proper order and
warrant 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 2001 c.497 §2]
     551.120
Damages; recovery by landowner. If, in locating and establishing the dikes
and dams provided for in this chapter, an owner of land through which they pass
is aggrieved on the score of right of way or other causes, the owner shall have
proper damage. In such cases claims for damages shall be filed and the amount
thereof determined in accordance with the general road law in like cases. The
damages allowed shall be assessed against the lands of the district in the same
manner as the tax for construction, and paid to the aggrieved parties in the
same manner in which other claims are paid.
     551.130
Organization of repair and maintenance district for land already diked; levy in
proportion to benefits; credit for original cost. Owners of land already
diked may organize districts for the repair and maintenance of the dikes and
dams thereof by complying with the procedure prescribed in this chapter, except
that the petition need not be signed by more persons than the owners of more
than one-half of the acreage embraced in the limits of the proposed district.
The board of viewers shall provide for placing the dikes and dams in thorough
repair and up to a uniform standard, and shall levy the cost of such repairs in
the first instance, not upon the assessed valuation of the lands, but in
proportion to the benefits conferred. The value of the dikes and dams as they
stand shall be estimated and due credit given to the lands which have borne the
original cost of construction; provided, such credit shall entitle the land to
no consideration greater than release from the cost of repairs in the first
instance.
     551.140
Realignment of dikes by landowner. Any person through whose lands a dike
has been constructed under this chapter may be allowed to construct a dike upon
new lines between any two points on the original line. In such case the owner
shall file application with the county court, giving a plat of the proposed
change, and indorsed by the superintendent of the district. If the court is
satisfied that the change is not detrimental to the district, the application
shall be granted. The applicant shall construct the new dike at the expense of
the applicant, and up to the standard of the original, of which fact the
superintendent shall be the judge. The dike thus constructed shall become the
property of the district in the same manner as the original, and subject to the
same regulation, and the right of way of the original dike shall thereupon
become vacated.
     551.150
Vacation of right of way; reversion to original owner. The county court may
vacate the right of way through which the dikes and dams pass, in the same
manner in which county roads are vacated, and the right of way shall thereupon
revert to the original owner.
     551.160
County authority as to dikes and dams. The governing body of any county
shall have the powers provided for it in this chapter to regulate the building
and maintenance of dikes and dams for the purpose of reclaiming and improving
submersible lands as defined in ORS 274.005, or lands subject to overflow by
freshets, and for the purpose of protecting lands from overflow where great
damage is liable to be caused thereby. [Amended by 1969 c.594 §60]
     551.170
Appeals from county court. Appeals may be taken from the action of the
county court in carrying out the provisions of this chapter in like manner as
appeals are provided for under the road law. Any judgment resulting therefrom
shall be an expense upon the district, and not upon the county, and shall be
provided for in the tax levy upon the district.
     551.180
Dissolution conditions and procedure. (1) A diking district may be
dissolved in accordance with ORS 198.920 to 198.955 if:
     (a) Either an existing drainage district formed under ORS chapter 547 or an existing water control district formed under ORS chapter 553 agrees to continue to provide operation and maintenance of the levees and perform other flood control and related works and improvements to the inhabitants of the diking district; and
     (b) Any other sponsoring governmental agency to which the district owes an obligation under a contract or agreement consents to the dissolution and turnover 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 the county in which the district is located notwithstanding the provisions of ORS 198.920 (3)(a) and (b). If the proposal meets all the conditions described by subsection (1) of this section, the board of county commissioners shall dispense with the election required by ORS 198.935. [1973 c.665 §2]
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