Oregon Advisory Opinions April 10, 1962: OAG 62-46 (April 10, 1962)
Collection: Oregon Attorney General Opinions
Docket: OAG 62-46
Date: April 10, 1962
Advisory Opinion Text
OAG 62-46.
District Attorney, Morrow County
You state that a petition has been filed with the county court seeking to withdraw an area from the livestock district in your county. A number of landowners in the area have remonstrated against the change and now the county court is attempting to adjust the boundary line for the proposed district.
In view of the above facts you request our opinion as to the procedure to be followed and who will be eligible to vote at the election considering the question of withdrawal.
ORS 607.020 provides for the withdrawal of an area from a livestock district. It is therein provided:
"(1) Any area containing 2,000 acres or more may be withdrawn from a livestock district * * * by following the procedure for such purpose in the same manner as for the creation of a livestock district as provided in ORS 607.005 to 607.045 . * * *
"(2) The boundary of an area to be withdrawn from a livestock district shall be drawn in compliance with ORS 607.012, except to the extent that it follows the boundary of the livestock district.
"(3) No withdrawal from a livestock district shall be allowed if the area remaining within the livestock district will be less than 2,000 acres." (Emphasis supplied)
Although it is not stated, it will be assumed that all of the statutory conditions, including those set out above, have been complied with and a "full hearing" held. You state that remonstrances have been interposed by certain landowners against the petition for withdrawal. At this point it would appear that ORS 607.013 (3) comes into play. This subsection provides:
"At the hearing any person interested may appear and present evidence relating to the petition. If, after a full hearing, the county court * * * is of the opinion that the boundaries of the proposed livestock district should be changed, the county court * * * may make the necessary changes ." (Emphasis supplied)
This subsection places in the county court discretionary authority to fix the boundaries of the area to be withdrawn as determined by the evidence presented at the hearing.
As provided in ORS 607.020 (2), supra, the boundaries must be drawn in compliance with ORS 607.012. This section is as follows:
"The boundaries of the proposed livestock district shall follow subdivision lines of sections, section lines, township lines, donation land claim boundaries or lines, lakes, rivers, the boundary line of this state, public roads or county boundary lines, except that the boundary of an established livestock district may be used as a boundary for the proposed livestock district if the districts are adjacent to each other and will have a common boundary line."
It is obvious that the language of the above section will have to be changed so as to substitute the withdrawal area for that of a proposed district.
In answer to your first inquiry it is my opinion that the county court has the discretionary power to determine the boundary based upon the evidence produced at the hearing which area boundary lines must conform to ORS 607.012.
The answer to your second question appears to be set out in ORS 607.005 (4). This subsection provides:
" 'Legal voter' means a person possessing the qualifications of an elector as provided by section (2), Article II, Oregon Constitution, and residing within the boundaries of the proposed livestock district."
In compliance with ORS 607.020 (1), supra, change in the language of ORS 607.005 (4) is necessary so as to provide for an area withdrawal instead of the creation of a livestock district.
It is my opinion that persons residing within the proposed area to be withdrawn from the livestock district and meeting the constitutional qualifications of an elector are eligible to vote at the election on the proposed withdrawal.