ORS 554.340: Judicial determination of legality of proceedings.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) The board of directors of any corporation organized under the provisions of ORS 554.005 to 554.340, or of any corporation organized before March 4, 1937, which amends its articles and landowners’ notice pursuant to the provisions of ORS 554.420, may, after adopting a resolution adjudging the same to be to the interest of the corporation and authorizing the same, by petition commence special proceedings in the circuit court of the county in which the office of the corporation is located, for the purpose of having a judicial examination and judgment of the court as to the regularity and legality: (a) Of the proceedings in connection with the organization of the corporation; or (b) Of the proceedings of the board and corporation providing for and authorizing the issue or sale of any bonds or obligations of the corporation whether or not theretofore sold or disposed of; or (c) Of any action or proceeding for the inclusion or exclusion of land, or declaring the result of any election, or of any order levying any assessment or ordering the issue of any bonds or obligations for any purpose; or (d) Of any plan of improvement of lands described in the articles of incorporation or of any proposed works and improvement for which bonds or obligations are authorized to be issued; or (e) Of the authorization of any contract with the United States or any municipality or corporation or person, and as to the validity of such contract whether or not it has been executed. (2) All or any of the proceedings of the corporation may be judicially examined and determined by the court in one proceeding as prayed in the petition. The provisions of ORS 548.110 shall apply to the proceedings provided in this section, and jurisdiction of the corporation shall be obtained in the manner provided for irrigation or drainage districts in that section. (3) Any landowner or person having an estate or interest therein or member of the corporation or assessment payer may, within 30 days after the entry of any order or the performance of any of the acts or things mentioned in subsection (1) of this section for which a contest is provided, bring a proceeding to determine the validity thereof, in which case the board of directors shall be made parties defendant and service of the summons shall be had upon the members of the board in the manner provided in ORS 548.115 for irrigation and drainage districts. The proceedings shall be tried and determined in the same manner as provided in subsections (1) and (2) of this section for proceedings brought by the corporation itself. (4) No contest of any proceeding or matter or thing by this section provided to be had or done shall be had or maintained at any time or in any manner except as provided in this section.
This rule cites
- ORS 554.005 — resolved
- 554.340 — resolved
- ORS 554.420 — resolved
- ORS 548.110 — resolved
- ORS 548.115 — resolved
Cited by
- ORS 311.255: Taxes, other charges of taxing agencies and water improvement company charges collected with county taxes.
- ORS 548.005: Organization of irrigation, drainage or flood control district by owners of lands subject to assessment by district improvement company or improvement district; assumption of obligations.
- ORS 554.005: Filing requirements.
- ORS 554.011: Penalty for signing false document.
- ORS 554.018: Evidentiary effect of copy of filed document.
- ORS 554.019: Certificate of existence.
- ORS 554.040: Contents of articles.
- ORS 554.060: Challenge to validity of organization; effect of defects or omissions.
- ORS 554.110: Powers of directors.
- ORS 554.150: Action to compel assessment.
- ORS 554.160: Assessments to provide funds to meet obligations; custody, disbursement and disposal of funds; general operating expenses.
- ORS 554.180: Landowners’ notice; contents.
- ORS 554.190: Recording notice; effect; lien on land; priority.
- ORS 554.200: Incurring indebtedness before notice recorded; scope of notice.
- ORS 554.230: Bonds; recitals; payment; liability of land.
- ORS 554.240: Retirement of bonds; conditions of sale; resolution authorizing bond issue; surrender of bonds in payment of assessments; debts not to exceed assessments or benefits.
- ORS 554.275: Activity of corporation as urban service.
- ORS 554.300: Amendment of articles; approval by members; dissolution of corporation by members; inclusion of lands by irrigation, drainage or flood control district.
- ORS 554.302: Dissolution of corporation by Secretary of State; conditions.
- ORS 554.305: Notice of grounds for dissolution; opportunity for correction; effect of dissolution.
- ORS 554.315: Annual report; contents; filing with Secretary of State; amended report.
- ORS 554.320: Exemption from taxation.
- ORS 554.350: Service to lands outside district; findings; tax exemption.
- ORS 554.410: Applicability of ORS 554.005 to 554.340 to corporations organized under 1911 Act.
- ORS 554.510: Authority to include or exclude lands.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors554.html