Oregon Statutes 195.314 – Notice of claim; evidence and argument; record on review; final determination
(1) A public entity that receives a complete claim as described in ORS § 195.312 shall provide notice of the claim at least 30 days before a public hearing on the claim or, if there will not be a public hearing, at least 30 days before the deadline for submission of written comments, to:
Terms Used In Oregon Statutes 195.314
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) All owners identified in the claim;
(b) All persons described in ORS § 197.797 (2);
(c) The Department of Land Conservation and Development, unless the claim was filed with the department;
(d) Metro, if the property is located within the urban growth boundary of Metro;
(e) The county in which the property is located, unless the claim was filed with the county; and
(f) The city, if the property is located within the urban growth boundary or adopted urban planning area of the city.
(2) The notice required under subsection (1) of this section must describe the claim and state:
(a) Whether a public hearing will be held on the claim, the date, time and location of the hearing, if any, and the final date for submission of written evidence and arguments relating to the claim;
(b) That judicial review of the final determination of a public entity on the claim is limited to the written evidence and arguments submitted to the public entity; and
(c) That judicial review is available only for issues that are raised with sufficient specificity to afford the public entity an opportunity to respond.
(3) Except as provided in subsection (4) of this section, written evidence and arguments in proceedings on the claim must be submitted to the public entity not later than:
(a) The close of the final public hearing on the claim; or
(b) If a public hearing is not held, the date that is specified by the public entity in the notice required under subsection (1) of this section.
(4) The claimant may request additional time to submit written evidence and arguments in response to testimony or submittals. The request must be made before the close of testimony or the deadline for submission of written evidence and arguments.
(5) A public entity shall make the record on review of a claim, including any staff reports, available to the public before the close of the record as described in subsections (3) and (4) of this section.
(6) A public entity shall mail a copy of the final determination to the claimant and to any person who submitted written evidence or arguments before the close of the record. The public entity shall forward to the county, and the county shall record, a memorandum of the final determination in the deed records of the county in which the property is located. [2007 c.424 § 14]