Oregon Communities
For a Voice In Annexations
SB 1573 repeal effort update - Sept. 2, 2018
On July 13, 2018 the Oregon Court of Appeals held a hearing on whether or not SB-1573, sponsored by Sen. Lee Beyer (D., Springfield), that was crafted through an 11th hour back room "stuff & gut", drafted by the Oregon Homebuilders Association and Oregonians in Action In the 2016 legislative session, violates the Oregon Constitution.
If allowed to stand, SB-1573 would authorize the State Legislature to OVERRIDE city charters and ordinances violating "home rule" throughout Oregon. These city "constitutions" and laws have been protected by the Oregon Constitution since 1906 and are the bedrock of Oregon land use planning law and the foundation of Goal #1 "citizen involvement". Why Gov. Brown, a former Secretary of State for six years, and who should have known better, signed this bill can only be speculated on. It's not every day you pick a fight with 30+ cities and 800,000+ people!!
The challenges that Oregon communities faced 21 years ago are even more relevant today (see Jeff Lamb's editorial concerning the city of Canby, written 21 years ago). For 40 years Oregon real estate and development interests have failed to muzzle citizen involvement in their communities' future by every means possible. They couldn't accomplish this fair and square through the courts or Legislature, so they reverted to Sen. Beyer's Senate Bill-1573 under a bogus emergency clause. SB-1573 revoked the people's vote on most annexations and voice in how they want their communities to grow, prosper and who pays for the infrastructure that is mandated by that growth. This action by the Legislature is strictly prohibited by Oregon's Constitution, as City Charters are the sole domain of local registered voters! This egregious legislation is currently under review and being challenged in the courts. On July 13th, 2018 the Oregon Court of Appeals held a court session on this matter and the 800,000+ people who have been disenfranchised by having their vote taken away are awaiting the Court of Appeals ruling.
By passing an emergency clause by statute, it makes it impossible for a citizens referendum to repeal the misguided Legislature's action.
By outlawing voter annexation laws, local citizens can no longer protect public health and safety from real estate and development interests. Because their supporters on planning commissions and city councils across Oregon rubber stamp their projects. Instead of community-wide consensus that voter annexation provisions provided, SB-1573 now mandates cities to annex by ordinance at property owners and developers requests. Without VOA participation,now during the public hearings process citizens are repeatedly told that their concerns are not part of the applicable criteria for approval of growth and development projects. The Legislature's raid on city charters and ordinances is strictly forbidden by Oregon's Constitution which says City Charters are the sole domain of local registered voters!
SB-1573 effectively gives control of city charters to development interests via the Legislature. It flies in the face of clearly-written language in the Oregon Constitution, Article XI, Section 2 that states, "The Legislative Assembly shall not enact, amend or repeal any charter or act of incorporation for any municipality, city or town." Accordingly, the League of Oregon Cities and the cities of Corvallis and Philomath are suing the state of Oregon over this issue.
The Supreme Court in Heritage Enterprises versus the city of Corvallis (708 P. 2d 601 (OR 1985)) ruled voter annexation is legal under city charters. We anticipate the Supreme Court once again will decide this issue based on Article XI, Section 2 and Supreme Court precedent cited above.
Jeff Lamb
OVCA
Updated September 3, 2018