Oregon Advisory Opinions June 24, 1976: OAG 76-62 (June 24, 1976)
Collection: Oregon Attorney General Opinions
Docket: OAG 76-62
Date: June 24, 1976
Advisory Opinion Text
OAG 76-62.
Is there any provision for annexation of property to an existing livestock district?
ANSWER GIVEN
No.
This question apparently has arisen as a result of petitions for annexation to existing livestock districts being presented to the Jackson County Board of County Commissioners. Previously, a question had arisen in this same county concerning the reduction in size of a proposed livestock district, and it was then held that under ORS ch 607 a county governing body had no authority to reject the petition for creation of a livestock district but also had no authority to adjust the boundaries of a proposed livestock district to less than 2,000 acres. Letter opinion, July 14, 1970. The present
question relates to an expansion, rather than a retraction, of a livestock district area. There are no reported cases construing the provisions of ORS ch 607 relating to these inquiries.
The provisions of ORS 607.010 to 607.015 specifically relate to the procedures for the creation of a proposed livestock district. Exemplary of this is the language found in ORS 607.010(1):
Thereafter the terms "proposed district" are utilized in prescribing limitations on district boundaries in ORS 607.012; in describing the procedures and formalities for a public hearing in ORS 607.013; and in reference to the election required by ORS 607.015. In light of the unambiguous terminology utilized in these four cited statutes, it is clearly evident that the legislature was concerned only with establishing requisites for proposed livestock districts. It is in this context that the earlier advice, referred to above, was rendered."A legal voter who desires to create a livestock district may petition the county court or Board of County Commissioners to hold an election for such purpose ." (emphasis supplied)
ORS 607.020 provides statutory authority for either reducing the area of a livestock district ("any area containing 2,000 acres or more may be withdrawn from a livestock district"), or accomplishing "complete dissolution" of a livestock district, by following the same procedures for creation of a livestock district. No authority to enlarge
the area of a livestock district can be gleaned from this statutory language. Lacking such authority, annexation does not appear to be provided for under the provisions of ORS 607.008 to 607.051.
It is clear that a new livestock district adjacent to an existing livestock district is statutorily recognized as a possibility. ORS 607.012 states 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." Such a creation of a new adjacent district would accomplish the same purpose as annexation, except that the newly proposed district area could not be less than 2,000 acres. It is only within this limitation that an enlargement of an existing livestock district area can be accomplished under ORS ch 607 as it presently exists. ORS 174.010 precludes any different conclusion by stating that statutes are to be construed in terms of what they contain, not what has been omitted.
In reference to possible alternatives, attention has been directed to ORS ch 198 relating to Special Districts. ORS 198.010 defines "district" as it is used in ORS ch 198 as meaning any one of 21 specifically described districts. Livestock districts are not included therein. Therefore, the provisions relating to district annexation found in ORS 198.850 to 198.865 do not apply to livestock districts.
Attention has also been directed to ORS ch 199 relating to Local Government Boundary Commissions. Again, "district" is defined in ORS 199.420 as meaning any one of ten specifically described districts. Livestock districts are not included in this definitional statute either. Therefore the provisions of ORS 199.465 to 199.512 do not apply to livestock districts.
In summary, there is no present statutory method of annexing additional area to an existing livestock district.