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Oregon Advisory Opinions January 01, 1944: OP 1

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Collection: Oregon Attorney General Opinions
Date: Jan. 1, 1944

Advisory Opinion Text

Manaeer of land, under power of at­torney, is not a landowner within the meaning of section 109-303, O. C. L. A., relating to referendum elections con­ducted by state soil conservation com­mittee, and not authorized to vote unless specifically provided by power of at­torney.

November 23, 1944.

Prof. J. M. Clifford,

Extension Secretary,

Oregon State College.

Dear Sir: Under date of November 22, 1943, you state that a question has arisen in connection with the vote at referenda for the creation of soil conservation dis­tricts under O. C. L. A., Section 109-305-C as to whether or not a person, holding power of attorney of the land­owner for management of a particular tract of land included in the area of a proposed district can cast his ballot for and in the name of the landowner at ref­erenda conducted by the state soil con­servation committee.

Referenda may be conducted by the state soil conservation committee pur­suant to section 109-305, O. C. L. A., as amended by chapter 185, Oregon Laws, 1941. Section "C" thereof provides, in part, as follows:

"* * * All owners of lands lying within the boundaries of the territory, as determined by the state soil con­servation committee, shall be eligible to vote in such referendum. Only such landowners as are defined under sec­tion 109-303, subparagraph 10, of this act shall be eligible to vote."

Subparagraph 10 of section 109-303, O. C. L. A., reads as follows:

" 'Landowner' includes any person, firm, or corporation, the state, any county within the state, or municipal­ity, shown by the records of the county to be the owner of ten (10) acres or more of lands or having such land un­der contract to purchase, lying within a district organized under the pro­visions of this act."

It is my opinion that one holding the power of attorney of the landowner for management of a particular tract of land included within the area of a proposed district is not a landowner within the meaning of that term as defined by sub­paragraph 10 of section 109-303, O. C. L. A., and consequently he can not cast his ballot for and in the name of the landowner at referenda conducted by the state soil conservation committee pursu­ant to section 109-305, O. C. L. A., as amended by chapter 185, Oregon Laws, 1941.

I. H. VAN WINKLE. Attorney-General. By Willis S. Moore, Assistant.

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