2007 Oregon Code - Chapter 551 :: Chapter 551 - Diking Districts
Chapter 551
Diking Districts
2007 EDITION
DIKING DISTRICTS
WATER LAWS
551.010 Use
of lands in chapter; railroads subject to taxation; duties of surveyor and
engineer
551.020 Petition
for formation of diking district; bond
551.030 Publication
of petition; order to show cause; viewers to investigate proposed works
551.040 Duties
of surveyors and viewers
551.050 Hearing;
postponement; decision of court
551.060 Apportionment
of cost of dikes and dams
551.070 Advertisement
for bids; contracts; bond; personal subscriptions; modification of plan
551.080 Application
for payment of assessments in installments
551.090 Meetings
of landowners; procedure; selection of advisory board and superintendent
551.100 Superintendent;
compensation; powers and duties; estimate of maintenance costs as basis for
annual tax levy
551.110 Deposit
of district funds; payment of claims
551.120 Damages;
recovery by landowner
551.130 Organization
of repair and maintenance district for land already diked; levy in proportion
to benefits; credit for original cost
551.140 Realignment
of dikes by landowner
551.150 Vacation
of right of way; reversion to original owner
551.160 County
authority as to dikes and dams
551.170 Appeals
from county court
551.180 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 superintendents 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 295.001, 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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