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A QUESTION OF ANNEXATION

12/02/18, 12:01 PM

On 11/19/18, Ranch Matters posted a story regarding the process for the Crooked River Ranch SPECIAL ROAD DISTRICT to annex the Emergency/Alternate/Quail Road.

As reported, Special Road District Commissioner John Williams passed the buck to Deschutes County and in particular Deschutes County Road Superintendent Chris Doty.

On 11/19/18, Mr. Doty emailed us and stated in part,

“Our legal counsel will sort out the details of the process to annex…”

Last Friday, (11/30/18) Mr. Doty emailed us the Annexation Process that was prepared by a Ms. Pauline Word, a Deschutes County Paralegal and “annexation expert.”

Ms. Pauline Word’s email is dated 11/20/18, and stated the following:

“HERE IS THE TYPICAL PROCESS FOR A PETITION TO ANNEX INTO A SPECIAL DISTRICT.”

LEGAL CHECKS THE PETITION TO ENSURE IT HAS ALL THE DOCUMENTATION, (i. e. legal description and map, sign off by the district, $100 deposit with the state prescribed form, notarized signatures on the petition and complete info) THEN WE SEND IT TO OR DEPT. OF REVENUE FOR PRELIMINARY REVIEW OF THE MAP AND LEGAL DESCRIPTION. THIS OFTEN CAN TAKE SOME BACK AND FORTH TO GET DOR APPROVAL.

AFTER DOR PRELIM APPROVAL AND SINCE THIS ANNEXATION WOULD INCLUDE 100% OF THE LANDOWNERS AND NO ELECTORS, THE ASSESSOR WOULD CERTIFY THAT THE PETITION MEETS REQUIREMENTS IN ORS 198 AND CDD WOULD CERTIFY THAT THE ANNEXATION IS CONSISTENT WITH OUR COMP PLAN. THEN WE SET A PUBLIC HEARING 20-50 DAYS AFTER CERTIFICATION AND POST/PUBLISH NOTICE. THE DISTRICT ALSO MUST POST NOTICE OF THE PUBLIC HEARING IN ITS BOUNDARIES. THE TIMING FOR ALL THIS IS PRESCRIBED IN ORS 198.
IN THIS CASE THE BOCC COULD HOLD THE PUBLIC HEARING AND VOTE ON THE ANNEXATION ON THE SAME DAY. THERE IS MORE HOUSEKEEPING BY LEGAL AFTER APPROVAL, BUT OTHERWISE THE PROPERTY IS CONSIDERED ANNEXED AT THAT POINT.

THE DISTRICT IN THIS CASE COULD SUBMIT THE PETITION AND $100 DEPOSIT ON BLM’S BEHALF BUT AN AUTHORIZED REPRESENTATIVE FROM BLM WOULD NEED TO SIGN IT AND APPROVE IT AS THE LANDOWNER. ORS 198 REQUIRES A DISTRICT TO PAY THE COSTS OF ANNEXATION (in our case around $300 for the Bulletin notices)

” IF APPROVED SO THE DISTRICT WOULD BEAR THIS COST ANYWAY.”

Pauline Word
Paralegal
Deschutes County Legal Counsel

Ranch Matters Staff

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