74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1311
 
                         House Bill 2025
 
                       Corrected Requester
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of former Representative Alan
  Brown for Road's End Sanitary District)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits city or district from demanding landowner consent to
eventual annexation in exchange for continuation of
extraterritorial service originally provided to landowner without
requiring consent to annexation.
 
                        A BILL FOR AN ACT
Relating to consent to annexation for extraterritorial service;
  creating new provisions; and amending ORS 198.869 and 222.115.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 198.869 is amended to read:
  198.869.  { + (1) A district may require a landowner to consent
to eventual annexation before providing a new or additional
extraterritorial service.
  (2)  + }A contract between a district and a landowner
 { - relating to extraterritorial provision of service and
consent to eventual annexation of property of the landowner
shall - }   { + containing a landowner's consent to eventual
annexation in return for extraterritorial services:
  (a) Must  + }be recorded { + ; + } and  { - , - }
   { +  (b) + } When recorded,   { - shall be binding on all
successors with an - }   { + is binding on successors in + }
interest in that property.
   { +  (3) A district may not require a landowner to consent to
eventual annexation in exchange for continuation of an
extraterritorial service that the district originally provided to
the landowner without requiring consent to eventual annexation,
including a service that is temporarily discontinued for a period
of 30 days or less. + }
  SECTION 2. ORS 222.115 is amended to read:
  222.115.  { + (1) A city may require a landowner to consent to
eventual annexation before providing a new or additional
extraterritorial service.
  (2) + } A contract between a city and a landowner
 { - relating to extraterritorial provision of service and
consent to eventual annexation of property of the landowner
shall - }   { + containing a landowner's consent to eventual
annexation in return for extraterritorial services:
  (a) Must + } be recorded { + ; + } and  { - , - }
   { +  (b) + } When recorded,   { - shall be binding on all
successors with an - }   { + is binding on successors in + }
interest in that property.
   { +  (3) A city may not require a landowner to consent to
eventual annexation in exchange for continuation of an
extraterritorial service that the city originally provided to the
landowner without requiring consent to eventual annexation,
including a service that is temporarily discontinued for a period
of 30 days or less. + }
  SECTION 3.  { + (1) A consent to eventual annexation that was
required by a district prior to the effective date of this 2007
Act is void if the district attempted to require the consent in
exchange for continuation of an extraterritorial service that the
district began providing to the landowner without requiring
consent to eventual annexation.
  (2) A consent to eventual annexation that was required by a
city prior to the effective date of this 2007 Act is void if the
city attempted to require the consent in exchange for
continuation of an extraterritorial service that the city began
providing to the landowner without requiring consent to eventual
annexation. + }
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