Oregon Code § 195.314·Enacted ·Last updated March 01, 2026
Statute Text
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:
(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]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 195.314
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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