ORS tit. 21, ch. 222, ANNEXATION OF CONTIGUOUS TERRITORY, TEMPORARY PROVISIONS RELATING to ANNEXATION OF CERTAIN INDUSTRIAL LANDS ARE COMPILED AS NOTES PRECEDING ORS 222.111
ORS tit. 21, ch. 222, ANNEXATION OF CONTIGUOUS TERRITORY, TEMPORARY PROVISIONS RELATING to ANNEXATION OF CERTAIN INDUSTRIAL LANDS ARE COMPILED AS NOTES PRECEDING ORS 222.111
Sections 3 and 10, chapter 737, Oregon Laws 1987, provide:
Sec. 3. (1) Notwithstanding any other provision of law, when property:
(a) Is property on which no electors reside;
(b) Is zoned for industrial uses;
(c) Has sewer and water lines paid for and installed by the property owner; and
(d) Has an assessed valuation, including improvements, of more than $7 million
that property can only be annexed by or to a city after the city receives a petition requesting annexation from the owner of the property.
(2) Property described in subsection (1) of this section shall not be included with other territory as part of an annexation, or annexed under ORS 222.750, unless the owner of the property consents to the annexation in the form of a petition for annexation.
(3) This section applies to property that, on September 27, 1987, was within the jurisdiction of a local government boundary commission. [1987 c.737 §3; 1997 c. 516, § 14]
Sec. 10. Section 3, chapter 737, Oregon Laws 1987, is repealed on June 30, 2035. [1987 c.737 §10; 1989 c.226 §1; 1997 c. 226, § 1; 2005 c. 844, § 8]
Sections 7, 8 and 11, chapter 539, Oregon Laws 2005, provide:
Sec. 7. Section 8 of this 2005 Act is added to and made a part of ORS 222.111 to 222.180. [2005 c. 539, § 7]
Sec. 8. (1) A lot, parcel or tract may not be included in territory proposed to be annexed unless the owner of the lot, parcel or tract gives written consent to the annexation, if the lot, parcel or tract:
(a) Is zoned for industrial use or designated for industrial use zoning in an acknowledged comprehensive plan;
(b) Is land on which no electors reside, unless one or more electors living on-site are employed or engaged to provide security services for the industrial user of the land;
(c) Has an assessed value of more than $2 million, including improvements; and
(d) Is in unincorporated Jackson County within the urban unincorporated community of White City, west of Oregon Route 62.
(2) After annexation of a lot, parcel or tract described in subsection (1) of this section, the development rights that apply to the lot, parcel or tract under the industrial zoning classification applicable to the lot, parcel or tract when it is annexed are retained and run with the lot, parcel or tract.
(3) As used in this section, "urban unincorporated community" means an unincorporated community that:
(a) Includes at least 150 permanent residential dwelling units;
(b) Contains a mixture of land uses, including three or more public, commercial or industrial land uses;
(c) Includes areas served by a community sewer system; and
(d) Includes areas served by a community water system. [2005 c. 539, § 8; 2016 c. 121, § 4]
Sec. 11. Sections 2, 4, 6, 8 and 10, chapter 539, Oregon Laws 2005, are repealed June 30, 2026. [2005 c. 539, § 11; 2016 c. 121, § 6]
Sections 5, 6, 7, 9 (2) and 11, chapter 844, Oregon Laws 2005, provide:
Sec. 5. (1) Notwithstanding any provision of ORS 195.205 to 195.225, 199.410 to 199.534, 222.111 to 222.180, 222.750 and 222.840 to 222.915, property described in subsection (2) or (3) of this section may not be annexed by or to a city unless the city receives consent to the annexation from the owner of the property in the form of a petition for annexation.
(2) Property for which annexation is limited by subsection (1) of this section is property:
(a) That is composed of one or more lots, parcels or tracts that:
(A) Are owned by the same individual or entity, including an affiliate or subsidiary of the entity;
(B) Are contiguous or are separated from each other only by a public right of way, a stream, a bay, a lake or another body of water; and
(C) Together comprise at least 150 acres;
(b) On which no electors reside;
(c) That was zoned for industrial, employment or transit-oriented employment uses on December 31, 2004;
(d) That has private, on-premises security services; and
(e) That has an assessed valuation, including improvements, of more than $12 million.
(3) Subsection (1) of this section applies to a lot, parcel or tract that is owned by the same individual or entity, including an affiliate or a subsidiary of the entity, that owns the property described in subsection (2)(a) of this section if the lot, parcel or tract:
(a) Is within two miles of the property described in subsection (2)(a) of this section; and
(b) Contains 10 or more acres that are contiguous or separated from each other only by a public right of way, a stream, a bay, a lake or another body of water.
(4) A city may not obtain approval of an owner for annexation under this section by requiring or requesting that the owner waive remonstrance or agree to annexation in order to receive utility service or other city services located in the city right of way at the same price the city charges an owner of similar property that is within the city. [2005 c. 844, § 5]
Sec. 6. An area of land within the urban growth boundary of the metropolitan service district established in the Portland metropolitan area may not be annexed under ORS 222.750 if:
(1) The area of land is larger than seven acres and is zoned for industrial use;
(2) The land is owned by an Oregon-based business entity that has been in continuous operation, either directly or through a predecessor, for at least 60 years; and
(3) The business entity employs more than 500 individuals on the land. [2005 c. 844, § 6]
Sec. 7. An area of land within the urban growth boundary of the metropolitan service district established in the Portland metropolitan area may not be annexed under ORS 222.750 if:
(1) The area of land is larger than 14 acres and is zoned for industrial use;
(2) The land is owned by an Oregon-based business entity that has been in continuous operation on a portion of the land for at least 40 years; and
(3) The business entity employs more than 300 individuals on the land. [2005 c. 844, § 7]
Sec. 9. (2) Sections 5, 6 and 7 of this 2005 Act apply to an annexation of territory approved on or after March 1, 2005, and to an annexation of territory proposed on or after the effective date of this 2005 Act. [2005 c. 844, § 9(2)]
Sec. 11. (1) Sections 5, 6 and 7 of this 2005 Act are repealed on June 30, 2035.
(2) Notwithstanding subsection (1) of this section, unless this section is amended, sections 5 and 6 of this 2005 Act are repealed five years after June 30, 2035. [2005 c. 844, § 11]