Oregon Statutes - Chapter 226 - City Parks, Memorials and Cemeteries

• 226.010   Control of municipal corporation over property outside its boundaries.
  Every incorporated city or municipal corporation owning or controlling any lands without its boundaries may enact any police or penal ordinance necessary to protect the...
• 226.110   Definitions for ORS 226.120 to 226.240.
  As used in ORS 226.120 to 226.240, unless the context requires otherwise: (1) “Board” means board of city park commissioners. (2) “City” means incorporated city...
• 226.120   Composition and selection of board of park commissioners.
  The board of park commissioners of the city shall be composed of the mayor and city engineer, if there is one, and if not, the...
• 226.130   [Repealed by 1983 c.350 §53 (226.131 enacted in lieu of 226.130)]
• 226.131   Vote required for creation of park commission; conduct of election.
  The question whether ORS 226.110 to 226.240 shall take effect in a city shall be decided by election as provided in this section. The governing...
• 226.140   Organization of board; compensation.
  The commissioners shall organize at a meeting thereof, to be called by the mayor not less than 30 nor more than 60 days after appointment...
• 226.150   Duties of secretary.
  The board shall appoint a secretary, who shall keep an accurate record of all proceedings of the board, including all rules and regulations adopted for...
• 226.160   Duties of treasurer.
  The city treasurer shall be treasurer of the board. The treasurer shall keep an accurate account of all moneys received and paid out on account...
• 226.170   Publication of penalties.
  The rules and regulations of the board for violation of which penalties are fixed shall be made public, as the board determines.
• 226.180   Meetings; participation required for business transactions.
  Regular meetings of the board shall be held on the first Tuesday of each month. Special meetings may be called by the chairperson upon application...
• 226.190   Prohibition of interest in contracts.
  No commissioner shall be interested in any contract to which the board of which the commissioner is a member is a party or in which...
• 226.200   Taxing power of board.
  The board, at any of its regular meetings, may assess a tax, not exceeding one-half mill on the dollar in any one year, upon the...
• 226.210   General powers of board; rules.
  (1) The board shall have full and exclusive control of all parks within or connected with its respective city. For that purpose it may: (a)...
• 226.220   Vote required for special tax levy.
  (1) If necessary, the board may provide for payment of land purchases under ORS 226.210 (1)(f) by a special tax, not to exceed one-half mill...
• 226.230   Dissolution of board and transfer of powers.
  If the governing body of a city with a park board created under ORS 226.120 decides that the city should abolish the board and transfer...
• 226.240   Transfer of functions on favorable vote.
  If the electors of the city approve abolition of the park board under ORS 226.230, the park commission shall cease and the offices of park...
• 226.310   Definition of “city” for ORS 226.320 to 226.400; public character of use.
  (1) As used in ORS 226.320 to 226.400, “city” means any incorporated city having 5,000 inhabitants or more. (2) The taking, using, acquiring and appropriating...
• 226.320   Authority to acquire land for certain purposes.
  Whenever the municipal authorities determine by ordinance to do so, the city may purchase, acquire, take, use, enter upon and appropriate land and property within...
• 226.330   Appropriation in excess of needs.
  The city may purchase, acquire, take, use, enter upon and appropriate land and property in excess of what may be needed for any public squares,...
• 226.340   Terms of appropriation ordinance.
  (1) In the ordinance providing for an appropriation under ORS 226.330, the municipal authorities shall specify and describe the land authorized to be taken, purchased,...
• 226.350   Sale of excess land; restrictive covenants in deed of resale.
  After so much land and property referred to in ORS 226.330 as is needed has been appropriated for public squares, parks or playgrounds, the municipal...
• 226.360   Application of proceeds from sale of excess land.
  The proceeds from resale of any neighboring property taken in excess of what may be necessary for actual construction, opening, widening, extending and laying out...
• 226.370   Notice and conduct of sale of excess land.
  Before selling the neighboring lands or property acquired under ORS 226.320 to 226.360, or any part thereof or any right or interest therein, the municipal...
• 226.380   Condemnation procedure.
  When it is intended by the municipal authorities of the city to take, use and appropriate private property for any of the purposes mentioned in...
• 226.390   Financing of projects by bond issues.
  The municipal authorities may issue bonds for the costs and expenses of acquiring the private property for any of the purposes mentioned in ORS 226.320...
• 226.400   Construction of memorials or veterans’ facilities in parks within city limits.
  The city may permit and authorize the following uses of parks, which are lawful uses of any grounds or premises dedicated as public parks, unless...
• 226.410   Authority to establish cemeteries and crematoria within or without city limits.
  Any incorporated city may acquire, own, maintain and operate cemeteries and crematoria either inside or outside its corporate limits, in accordance with such plans as...
• 226.420   Acquisition of property of cemetery association.
  Any incorporated city may acquire, by purchase or gift, any ground or other property belonging to any cemetery association, situate within the corporate limits of...
• 226.430   Control by city after conveyance.
  Whenever any cemetery association transfers to any incorporated city, as provided in ORS 226.420, the ground and property of such cemetery association, from and after...
• 226.440   Sale of lots by city.
  Any incorporated city acquiring incorporated cemetery association property as provided in ORS 226.420, may sell or otherwise dispose of any lots or blocks situate in...
• 226.450   Authority to expend funds for maintenance of cemeteries.
  All cities owning and controlling lands, lots or parcels of ground used for cemetery purposes may expend, for the purpose of beautifying, caring for and...
• 226.480   [1953 c.51 §1; repealed by 1981 c.48 §8]
• 226.490   [1971 c.38 §1; repealed by 1981 c.48 §8]
• 226.510   Abandoned cemeteries declared a menace to public health, safety and welfare; acquisition and removal of such cemeteries declared to be public uses.
  It hereby is found and declared: (1) That there exists within municipal corporations of the state, cemeteries which have been abandoned and cemeteries which have...
• 226.520   Definitions for ORS 226.510 to 226.630.
  As used in ORS 226.510 to 226.630: (1) “Abandoned cemetery” means any cemetery in which no remains of deceased persons have been interred for a...
• 226.530   Powers of city to acquire and remove cemeteries to another site.
  Any municipal corporation, by and through its governing body, in addition to the powers and privileges heretofore conferred upon municipal corporations by the laws of...
• 226.540   Public hearing concerning abandoned cemetery.
  The governing body of any municipal corporation that has within its boundaries a cemetery that has been abandoned, or that has deteriorated and become neglected,...
• 226.550   Governing body to publish resolution or ordinance upon finding that cemetery should be discontinued.
  Upon a finding by the governing body of a municipal corporation, after such hearing, that a cemetery located within such corporation is abandoned, or has...
• 226.560   City may expend public funds for disinterment, removal and reinterment of remains from abandoned cemetery.
  Upon the adoption of a resolution or ordinance, as provided for by ORS 226.540 and 226.550, the governing body of said municipal corporation may provide...
• 226.570   Power of city to condemn cemetery.
  Upon the adoption by the governing body of a municipal corporation of an ordinance or resolution, as provided by ORS 226.540 and 226.550, such governing...
• 226.580   Parties defendant to suit to condemn.
  The complaint in any suit brought under the provisions of ORS 226.510 to 226.630 shall include as defendants the names of all record owners of...
• 226.590   Service of summons.
  The summons in the action shall be served on all named defendants who, by diligent search, can be found, in a like manner as service...
• 226.600   Effect of service by publication on persons or parties in interest.
  All such persons or parties having or claiming any right, title, estate or interest in the real property in controversy, so served by publication as...
• 226.610   Compensation for condemned property determined by jury; factors considered.
  The matter of compensation, if any, shall be determined by a jury called for such purpose; and the court shall, in addition to other instructions,...
• 226.620   City which acquires abandoned cemetery to proceed with disinterment, removal and reinterment of remains.
  Whenever any municipal corporation shall have proceeded under ORS 226.510 to 226.630, and a judgment of the court shall vest in said municipal corporation the...
• 226.630   Acts to be done by city in disinterring, removing and reinterring remains; compliance with section a defense in action for damages.
  (1) The removal of remains, headstones and other evidence of the locations of graves, and the clearance of the cemetery property, may be done under...
• 226.990   Penalties.
  Violation of ORS 226.190 is punishable, upon conviction, in the same manner and to the same extent as for a crime defined in ORS 164.043,...

Last modified: August 7, 2008