ORS Chapter 202
Chapter 202 — Establishmentof New Counties; Change of Boundaries
2009 EDITION
NEWCOUNTIES; CHANGE OF BOUNDARIES
COUNTIESAND COUNTY OFFICERS
202.010 “Countycourt” defined
202.020 Petitionsto form new counties or change existing county boundaries
202.030 Electionorder; procedure; ballot title
202.040 Commissionersto arrange terms on proposal to change boundaries
202.050 Certificationof election to Secretary of State
202.060 Issuanceof proclamation
202.070 Operationand effect of proclamation
202.080 Boundariesto conform to established legal subdivisions; filing boundary change withcounty assessor and Department of Revenue
202.090 Validityof election
202.100 Appointmentof county judge and commissioners for new county
202.110 Appointmentof other county officers
202.120 Locatingcounty seat
202.130 Generallaws governing county court
202.140 Compensationof members of county court
202.150 Dispositionof public property, records and tax liens
202.160 Transcriptionof real estate, court and tax records
202.170 Transferof records
202.180 Transferof electors’ registration cards and election records
202.190 Paymentof moneys due from state
202.200 Apportionmentof state taxes payable
202.210 Ascertainment,apportionment and assumption of indebtedness
202.220 Dispositionof special funds and property
202.230 Distributionof funds in excess of indebtedness
202.240 Paymentof apportioned indebtedness
202.250 Authorityto collect revenues
202.260 Redistrictingof county and filling of vacancies
202.270 Renumberingof school and road districts
202.280 Validityof school district bonds
202.290 Judicialdistrict affiliation
202.300 Appointmentand holding of terms of circuit court
202.310 Venueof actions and proceedings
202.320 Placeof return of processes, notices, bonds and other papers
202.010“County court” defined. As used in this chapter, unless the contextrequires otherwise, the term “county court” includes board of countycommissioners.
202.020Petitions to form new counties or change existing county boundaries. Whenever it isdesired to form a new county out of one or more then existing counties or tochange the boundaries of then existing counties, a petition praying for theformation of such new counties or for the change of the boundaries of thenexisting counties, describing the territory proposed to be incorporated in thenew county or changed from one county to another, together with the name of theproposed new county, if for that purpose, or the name of the then existingcounty to be eliminated, if any county would be eliminated by the change ofboundaries as proposed, signed by a majority of the electors registered in theterritory to be embraced in the new county or registered in the territory to beembraced in the change of county boundaries, shall be presented to the countycourt of each county to be affected by the proposed formation of a new county.Where any existing county would be eliminated by such change of countyboundaries the petition shall be signed by not less than 40 percent of theelectors of the county to be eliminated. [Amended by 1983 c.83 §14]
202.030Election order; procedure; ballot title. (1) If the county court finds that theproposed changes will not result in any new or remaining county having anassessed valuation, area or population less than required by the Constitutionof this state, the county court shall call an election on a date specified inORS 203.085 for the purpose of submitting the question of:
(a)The formation of the new county to the electors registered within the limits ofthe proposed new county;
(b)The elimination of an existing county to the electors of each county affectedby the change; or
(c)The change in county boundaries to the electors of each county affected by thechange when the change does not result in the formation of a new county.
(2)Except as provided in ORS 202.050 and 202.060, the election shall be conductedin accordance with ORS chapters 246 to 260.
(3)The ballot title for determination of a question submitted under this sectionshall be prepared as provided in ORS 250.185. [Amended by 1983 c.350 §10; 1999c.708 §1]
202.040Commissioners to arrange terms on proposal to change boundaries. (1) In case thepetition provided for in ORS 202.020 is for a change in the boundaries ofexisting counties, but not for the elimination of any then existing county, thecounty courts of the counties concerned shall appoint two commissioners each toact with the commissioners of the other counties and arrange the terms inrespect to assumption of liabilities and division of assets among the countiesconcerned, upon which such change shall be made.
(2)If within 30 days after the appointment of the commissioners they have notagreed upon terms, the Governor, upon request of the county court of any countyconcerned, shall appoint commissioners equal in number to one-half thecommissioners already appointed by the counties, who shall meet with suchcommissioners and draft terms.
(3)Within 60 days thereafter a majority of the commissioners may report torespective county courts a plan for division, which, in addition to the mattersmentioned in subsection (1) of this section, may define the territory embracedin the proposed changes.
(4)When made within such time the plan shall be reported by the commissioners tothe respective county courts, and if approved by a vote, as provided in ORS202.030 and 202.060, it shall become a compact between and among such counties,binding upon all. [Amended by 1983 c.350 §11]
202.050Certification of election to Secretary of State. The countyclerk in each county in which an election under ORS 202.030 is held shallcertify to the Secretary of State a copy of the summary of votes cast on thequestion of creating a new county or changing boundaries. The county clerk alsoshall certify to the Secretary of State the name, territorial contents andboundaries of the new county, or the names, territorial contents and boundariesof the counties affected by the change in boundaries. [Amended by 1983 c.350 §12]
202.060Issuance of proclamation. (1) The Governor shall issue a proclamationdeclaring a new county created if an election for the purpose of establishing anew county is held and a majority of all electors registered within the limitsof the proposed new county voted at the election in favor of the creation ofthe new county.
(2)The Governor shall issue a proclamation declaring the change in countyboundaries if an election for the purpose of changing county boundaries isheld, and if a majority of all the electors of each of the counties to beaffected by the change in boundaries voted in favor of the proposed change incounty boundaries.
(3)If a county is eliminated pursuant to a boundary change under subsection (1) or(2) of this section, the Governor shall declare in the proclamation whatcounties were eliminated by the change. [Amended by 1983 c.83 §15; 1999 c.708 §2]
202.070Operation and effect of proclamation. (1) If the election was for the purposeof establishing a new county, it thereafter shall be a county for all civil,military and other purposes.
(2)If the election was for the purpose of changing county boundaries, theboundaries of the county shall be changed to conform to the descriptionfurnished by the county clerk in the certificate provided in ORS 202.050. Ifsuch change in county boundaries resulted in the elimination of any existingcounty, thereafter the eliminated county shall cease to function and theauthority of its officers shall cease for all purposes other than the auditingand paying of all outstanding claims against such county and the safekeeping ofall county property until proper transfers and assignments of the same havebeen made.
(3)If the election was for the purpose of changing county boundaries, the changeshall take effect within 30 days after the Governor issues the proclamationprovided for in ORS 202.060 and the territory taken from any county and addedto another county by reason of the change shall become a part of the county towhich it has been added and for all purposes shall be deemed a portion thereofand be governed by the laws of this state relating to counties.
202.080Boundaries to conform to established legal subdivisions; filing boundary changewith county assessor and Department of Revenue. (1) In theestablishment of any proposed new county and in the establishment of theboundaries of counties in which a change is proposed, the same shall be made toconform to the established government legal subdivisions.
(2)For purposes of ad valorem taxation, a boundary change must be filed in finalapproved form with the county assessor and the Department of Revenue asprovided in ORS 308.225. [Amended by 2001 c.138 §6]
202.090Validity of election.Refusal or neglect of any official to perform duties in connection with anyelection under this chapter shall not affect the validity of the election. [Amendedby 1983 c.350 §13]
202.100Appointment of county judge and commissioners for new county. (1) Not laterthan the 30th day after the Governor issues the proclamation provided for inORS 199.790 or 202.060, the Governor shall appoint three electors, who must beresidents of the new county so formed, to serve as county judge andcommissioners for the new county. When the persons appointed accept and qualifyfor their offices under ORS 204.016 and 204.020, the new county shall haveexistence as a county and shall be governed by the laws of this state relatingto counties. The persons appointed shall serve until the first Monday inJanuary after the general election, or, if applicable, after the electionspecified in ORS 249.088, at which their successors are elected.
(2)At the next practicable general election, or, if applicable, at the nextpracticable election specified in ORS 249.088, following the appointment,successors to the persons appointed under this section shall be elected. Thecandidate receiving the highest number of votes shall be elected county judge.If the office of county judge has judicial functions, the candidate shall beelected to a six-year term. If the office of county judge has no judicialfunctions, the candidate shall be elected to a four-year term. The candidatereceiving the second highest number of votes shall be elected to a four-yearterm as commissioner. The candidate receiving the third highest number of votesshall be elected to a two-year term as commissioner.
(3)The successors shall take office on the first Monday in January next followingtheir election.
(4)At each general election, or, if applicable, at each election specified in ORS249.088, following the election at which the first board is elected, asuccessor shall be elected to fill any expiring term. [Amended by 1983 c.350 §14;1997 c.494 §20; 2001 c.430 §6]
202.110Appointment of other county officers. (1) The county judge and the countycommissioners appointed under ORS 202.100, acting as a county court, shallappoint a sheriff, a county clerk, a county assessor, a county treasurer and acounty surveyor. An officer appointed under this subsection must be an electorof the new county and must accept and qualify for the office under ORS 204.016and 204.020 before beginning service. The officers, except the county surveyor,appointed under this subsection shall serve until the first Monday in Januaryafter the election at which their successors are elected. The county surveyorappointed pursuant to this section serves for the term specified in ORS204.010.
(2)At the next practicable general election following the appointment, successorsto the county officers, except the county surveyor, appointed under subsection(1) of this section shall be elected. The successors shall take office on thefirst Monday in January next following their election.
(3)All justices and constables in office within the boundaries of any new countyshall continue to hold office in such new county during the remainder of theirterm, and shall give bonds to the new county of the same amount and in the samemanner as previously given to the original county in which they were elected orappointed.
(4)At each general election following the general election at which the firstcounty officers under this section are elected, a successor shall be elected tofill any expiring term. [Amended by 1983 c.350 §15; 2009 c.491 §5]
202.120Locating county seat.(1) The county court of the new county may temporarily fix the county seat, andsuch location shall remain the county seat until the first general electionthereafter, when the electors of the new county are empowered to vote for andselect the place of county seat in the manner provided by law.
(2)Immediately after the selection of the county seat either by the county courtor by the canvass of the returns of votes cast at the election for thatpurpose, the county court shall issue its proclamation and publish the same ina newspaper published in the new county, if there is one, and if not by postinga copy of the proclamation in each election precinct in the county announcingthe selection and location of the county seat.
202.130General laws governing county court. In all matters not specially providedfor in this chapter, the county court appointed as provided in ORS 202.100shall be governed by the laws of this state then existing in relation tocounties.
202.140Compensation of members of county court. The members of the county court of anynew county organized under this chapter, while in the discharge of their dutiesas provided in this chapter, shall receive the same compensation as is allowedby law for the performance of their ordinary official duties.
202.150Disposition of public property, records and tax liens. (1) All publicbuildings, records or other public property within the limits of the originalcounty shall remain and be the property of such original county; but, if theelection is held for change in county boundaries, and any public buildingbelonging to the county is located in the territory affected by the change ofboundaries, the county acquiring the new territory shall pay the county fromwhich such territory is taken the value of such public building.
(2)If any county is eliminated by the change in county boundaries, all publicbuildings and real property of the eliminated county and all liens for unpaidtaxes become the property of the county acquiring the territory where theproperty is situated, and all public records and documents and all otherproperty of every kind belonging to the eliminated county become the propertyof the county of which the largest area of the eliminated county becomes apart.
202.160Transcription of real estate, court and tax records. (1) When a newcounty is organized in whole or in part from any existing county it shall bethe duty of the county court of the new county to cause to be transcribed inthe proper books all the records of deeds, mortgages and other instruments,probate records, court records and tax records relating to or affecting realestate in the new county. The cost of transcription shall be paid by the newcounty.
(2)When the election has been for a change in county boundaries, the county courtof the county to which territory has been added shall cause to be transcribedin the proper books all the records of deeds, mortgages and other instruments,probate records and court records and tax records affecting or relating to realestate in such territory.
(3)Any person authorized by the county court to transcribe records pursuant tosubsection (1) or (2) of this section shall have free access at all reasonabletimes to the original records for the purpose of transcribing the same. Allrecords so transcribed shall have the same force and effect in all respects asoriginal records.
(4)Whenever the boundaries of an existing county are changed so as to includeterritory theretofore within the boundaries of another county, the county courtof the county to which territory has been added shall, within 60 days after thetaking effect of the Act adding such territory, procure or cause to beprocured, properly attested copies of the records of any county in which thelands were theretofore situated, affecting the title to the real estate withinthe additional territory, and have the same recorded in the records of thecounty. Thereafter such records shall be recognized and become a part of theofficial records of the county in which the same shall be so recorded, and suchofficial records or duly certified copies thereof may be introduced in evidencewith the same force and effect as the original records of which they arecopies.
202.170Transfer of records.(1) When a new county is organized in whole or in part from any existing countyand any record or any volume of any records of the county from which the newcounty is created relate wholly to property located within the new county, suchrecords or volumes thereof shall be transferred by the officer of the oldcounty who is in charge thereof to the officer of the new county whose duty itis to make and keep such records and take a receipt therefor. The receipt shallbe filed by the officer receiving the same and shall be a sufficient accountingby and discharge to such officer for the disposition of such records. When therecords have been so transferred, they shall be considered records of thecounty in which the property is then situated. Such records shall not betranscribed as in the case of records containing deeds, mortgages and otherinstruments relating to property in both counties.
(2)In the event of the elimination of any county in a change of county boundaries,all records of the eliminated county shall immediately be transferred to thecounty of which the largest area of the eliminated county becomes a part and beoriginal records of such county.
202.180Transfer of electors’ registration cards and election records. (1) The countycourt of a new county shall:
(a)Cause all the registration cards of electors living in the new county to besegregated from the registration cards on file in the counties from which thenew county is created;
(b)Cause the registration to be delivered to the county clerk of the new county;and
(c)Provide for the transfer to the county clerk of the new county a list ofelectors and other election records, relating only to precincts and electorswithin the new county.
(2)The county clerk of the new county shall arrange and install the registrationcards received under subsection (1) of this section in the manner provided bylaw. The registration cards and records constitute registration of the electorswhose names appear thereon in the new county.
(3)The list of electors and other registration and election records are records ofthe new county. [Amended by 2007 c.154 §59]
202.190Payment of moneys due from state. All moneys due from the State of Oregonto a new county shall be paid to the county treasurer of the new county in themanner and at the same time that such moneys are paid to the other counties ofthe state. All moneys due from the state to a county from which any territoryis taken by reason of change in the boundaries thereof shall be paid to thetreasurer of the two counties affected in proportion to the change in theterritory affected by the change in boundaries. [Amended by 1975 c.614 §3]
202.200Apportionment of state taxes payable. A new county’s proportion of the statetaxes shall be determined as follows:
(1)If the new county is formed from one county, the new county shall pay its prorata share of the amount of state taxes which the county from which it isformed is to pay for that year, and for each succeeding year thereafter untilotherwise provided for, based upon the ratio that the taxable valuation of theproperty in the new county bears to the taxable valuation of the property ofthe original county before the new county was formed.
(2)If the new county is formed from more than one county, the new county shall payits pro rata share of the amount of state taxes which each of the counties fromwhich it is formed is to pay for that year, and for each succeeding yearthereafter until otherwise provided for, based upon the ratio that the taxablevaluation of the property in the area taken from each original county bears tothe taxable valuation of the property in each original county before the newcounty was formed.
(3)In the event the election was for the purpose of a change in county boundariesand a portion of the territory in one county has been added to another county,the state taxes shall be adjusted in the same manner and upon the same basis asin the formation of new counties from more than one county.
202.210Ascertainment, apportionment and assumption of indebtedness. (1) Any newcounty organized under this chapter shall assume and pay, as provided in thissection, a just proportion of the indebtedness of the counties from which it issegregated, based upon the last assessed valuation of the original counties,and in proportion that the valuation within the segregated portion bears to theaggregate valuation of the whole original counties.
(2)In the event of a change in boundaries and the addition of a portion of theterritory of one county to another county, the county to which such territoryis added shall assume and pay, as provided in this section, a just proportionof the indebtedness of the county from which the territory is segregated basedupon the last assessed valuation of the county from which the territory issegregated, in proportion that the valuation within the segregated portionbears to the aggregate valuation of the original county from which theterritory is taken.
(3)It shall be the duty of the county courts of both the new county organizedunder this chapter and the counties from which the new county is segregated, orthe county courts of the two counties in which a change of boundaries has beeneffected, to meet together at the county seat of the new county or at thecounty seat of the county from which such territory is taken by a change ofboundaries, on the third Monday in the sixth month following the date of theproclamation of the Governor, as provided for in ORS 202.060. They shallascertain, as near as may be, the total outstanding indebtedness of theoriginal counties on the first day of January following the election, and fromthe total indebtedness shall make the following deductions:
(a)The amount of all dues for rents.
(b)The reasonable value of all public buildings owned by and remaining within thelimits of the original counties.
(c)The amount of public funds on hand and belonging to the original counties onthe day for which its outstanding indebtedness is ascertained by the jointboard of county courts, and not belonging to the special funds mentioned in ORS202.220.
(4)The amount remaining after such deductions have been made shall, for thepurposes and as a basis for the settlement, be the amount which the new countyor the county acquiring territory by a change in boundaries, shall pay as aportion of, in the proportions specified. Such joint courts shall ascertain andfix the amount the new county shall assume and pay to the counties from whichit is segregated, and the amount the county acquiring the new territory byreason of change in boundaries shall assume and pay to the county from whichsuch territory is segregated.
(5)If by a change in county boundaries, an existing county has been eliminated,the county courts of the counties to which the territory formerly constitutingthe eliminated county has been added shall meet with the court of theeliminated county at the county seat of the eliminated county on the thirdMonday of the month following the date of the proclamation of the Governor, andshall determine as provided in this section the amount of any net outstandingindebtedness of the eliminated county. Each county to which territory from theeliminated county has been added shall assume and pay its proportional part ofthe indebtedness of the eliminated county to the county to which the largestarea of the eliminated county has been added and such county shall pay off alloutstanding indebtedness of the county eliminated. However, the territory ofthe