2021 Oregon Revised Statutes
Chapter 223 - Local Improvements and Works Generally
Section 223.317 - Apportionment of special assessment among parcels in subsequent partition of tract.


(2) A local government shall apportion a final assessment under this section when requested to do so by any owner, mortgagee or lienholder of a parcel of real property that was formed from the partition or other division of the larger tract of real property against which the final assessment was originally levied. When the deed, mortgage or other instrument evidencing the applicant’s ownership or other interest in the parcel has not been recorded by the county clerk of the county in which the parcel is situated, the local government shall not apportion the final assessment unless the applicant files a true copy of that deed, mortgage or instrument with the local government.
(3) Apportionment of a final assessment under this section shall be done in accordance with an order or resolution of the governing body of the local government. The order or resolution shall describe each parcel of real property affected by the apportionment, the amount of the final assessment levied against each parcel, the owner of each parcel and such additional information as is required to keep a permanent and complete record of the final assessments and the payments thereon. A copy of the order or resolution shall be filed with the recorder required to maintain the lien docket for the local government, who shall make any necessary changes or entries in the lien docket for the local government. [Formerly 308.140; 1991 c.902 §33; 2003 c.802 §26]
Note: 223.317 to 223.327 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 223 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 06 - Local Government, Public Employees, Elections

Chapter 223 - Local Improvements and Works Generally

Section 223.001 - Definitions.

Section 223.005 - Appropriation and condemnation for public use within and without city limits.

Section 223.105 - Proceedings to condemn property for city improvements when owner and city disagree on price.

Section 223.112 - Definitions for ORS 223.112 to 223.132.

Section 223.114 - Economic improvement; assessment ordinance.

Section 223.117 - Requirements of assessment ordinance.

Section 223.118 - Remonstrance against assessment; exclusion of property.

Section 223.127 - Application of certain assessment statutes to economic improvement districts.

Section 223.129 - Expenditure of assessment revenues; liability for unauthorized expenditures.

Section 223.141 - Definitions for ORS 223.141 to 223.161.

Section 223.144 - Economic improvement district; business license fee ordinance.

Section 223.147 - Requirements of business license fee ordinance.

Section 223.157 - Expenditure of business license fees; liability for unauthorized expenditures.

Section 223.161 - Effect of local improvement districts or urban renewal districts.

Section 223.205 - Scope and application; validation of bond issues by cities of 100,000 or more.

Section 223.208 - System development and connection charges of local government subject to Bancroft Bonding Act.

Section 223.210 - Right of property owners to apply for installment payment of assessment.

Section 223.215 - Contents of application to pay in installments; computation of installments.

Section 223.225 - Record of application to be kept.

Section 223.230 - Lien docket; interest; priority; public access.

Section 223.235 - Issuance of bonds; limitations.

Section 223.260 - Sale of bonds; disposition of proceeds from bond sales.

Section 223.262 - Assessment contracts; transfer of contract rights by local government; use of proceeds.

Section 223.265 - Payment of installments; due dates.

Section 223.270 - Procedure for collection on default.

Section 223.295 - Limit on city indebtedness.

Section 223.297 - Policy.

Section 223.299 - Definitions for ORS 223.297 to 223.316.

Section 223.301 - Certain system development charges and methodologies prohibited.

Section 223.302 - System development charges; use of revenues; review procedures.

Section 223.304 - Determination of amount of system development charges; methodology; credit allowed against charge; limitation of action contesting methodology for imposing charge; notification request.

Section 223.307 - Authorized expenditure of system development charges.

Section 223.309 - Preparation of plan for capital improvements financed by system development charges; modification.

Section 223.311 - Deposit of system development charge revenues; annual accounting.

Section 223.313 - Applicability of ORS 223.297 to 223.316.

Section 223.314 - Establishment or modification of system development charge not a land use decision.

Section 223.316 - Local governments required to make system development charge information public.

Section 223.317 - Apportionment of special assessment among parcels in subsequent partition of tract.

Section 223.322 - Proration of unpaid installments.

Section 223.327 - Procedure for equitable apportionment by ordinance or regulation.

Section 223.387 - Description of real property; effect of error in name of owner.

Section 223.389 - Procedure in making local assessments for local improvements.

Section 223.415 - Basis for, amount and method of reassessment.

Section 223.485 - When reassessment authority inapplicable; time limitation.

Section 223.505 - Definitions for ORS 223.505 to 223.595.

Section 223.523 - Notice of sale; publication; personal notice to property owner and occupant.

Section 223.525 - Conduct of foreclosure sale.

Section 223.565 - Procedure and conditions of redemption.

Section 223.575 - Legal and evidentiary effect of deed.

Section 223.593 - Alternate redemption procedure; cash payment required.

Section 223.594 - Lien for water service to certain real property through single water meter; owner as water user; foreclosure.

Section 223.680 - Local government programs to finance utilities improvements to real property.

Section 223.685 - Local government programs to finance seismic rehabilitation of real property.

Section 223.710 - Rebonding application; form; prerequisites.

Section 223.730 - Application of proceeds from sale of bonds.

Section 223.750 - Enactment of rulemaking ordinances; effect of irregularities.

Section 223.755 - Reinstatement of delinquent bonded assessments authorized.

Section 223.770 - Assessment of public property benefited by improvements.

Section 223.775 - Assessment of property of cemetery authority benefited by certain improvements.

Section 223.820 - Planning, constructing and contracting for the operation of or leasing parking facilities.

Section 223.825 - Financing of parking facilities.

Section 223.835 - Fees and regulations of parking facilities.

Section 223.845 - Limitation on operation of parking facilities; use of revenues after issuance of revenue bonds; excess revenues.

Section 223.856 - Measure imposing assessments; contents.

Section 223.866 - Levy of assessment; manner of collection; effect of nonpayment.

Section 223.878 - Inclusion of property outside city in city assessment for local street improvement.

Section 223.930 - Streets along city boundaries or partly within and without city.

Section 223.935 - Basis for legalization of road.

Section 223.940 - Proceedings for legalization of roads; report; notice.

Section 223.945 - Compensation for property affected by road legalization.

Section 223.950 - Order under road legalization proceeding.