(1) In any matter requiring or allowing a vote of the owners of land or the electors of a district:

Terms Used In Oregon Statutes 545.007

  • board of directors: means the governing body of a district. See Oregon Statutes 545.002
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • District: means an irrigation district organized or operating under this chapter. See Oregon Statutes 545.002
  • elector: includes every person 18 years of age or older, whether a resident of the district or state or not, who is an owner or a vendee under a contract of purchase of land situated within the district and subject to the charges or assessments of the district. See Oregon Statutes 545.002
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Trustee: A person or institution holding and administering property in trust.

(a) If ownership is in estates by the entirety, tenants in common, or in other cases of multiple ownership, only one vote shall be allowed on behalf of all the owners under each multiple ownership. The vote may be cast by any one of the multiple owners. When two or more persons attempt to cast a vote under this paragraph, only the vote of the person who first casts a vote shall be counted.

(b) Any corporation may vote as a single owner of land through any officer or agent when the officer or agent is authorized to vote by the corporation and the written authorization is filed with the secretary of the board of directors of the district.

(c) Any general partnership, limited partnership or limited liability company may vote as a single owner of land through any general partner, member or agent when the general partner, member or agent is authorized to vote by the entity and written evidence of the authority of the general partner, member or agent is filed with the secretary of the board of directors of the district.

(d) Any trustee of a trust, guardian, administrator or executor authorized to act as such of a person or estate owning land within the district shall be considered an owner of land for the purposes of the Irrigation District Law, when the owner in fee is not otherwise entitled to vote.

(e) An owner of land or elector may vote according to the total amount of acreage within the district owned by the owner or elector that is subject to the charges or assessments of the district on the basis of:

(A) One vote for up to 40 acres;

(B) Two votes for 40 acres or more but not more than 160 acres; and

(C) Three votes for more than 160 acres.

(f) When a district is divided into divisions under ORS § 545.033 or 545.207 and voting is by the qualified electors within a division for a director from that division, an elector who is permitted under ORS § 545.207 to vote in that division may cast the number of votes under subsection (1)(e) of this section that represents the total amount of eligible acreage owned by the elector within the whole district.

(2) The weighted voting provisions of subsection (1)(e) of this section do not apply in an election for the formation of a district and for its initial board of directors under ORS § 545.041 and 545.043 (1). In such an election, each owner of land is entitled to cast one vote. [1995 c.42 § 3; 1995 c.754 § 3; 1999 c.452 § 4]

 

[Amended by 1995 c.42 § 6; renumbered 545.033 in 1995]

[Amended by 1967 c.503 § 2; 1991 c.249 § 54; 1993 c.771 § 6; 1995 c.42 § 7; renumbered 545.037 in 1995]

 

[Amended by 1993 c.771 § 7; 1995 c.42 § 8; 1995 c.754 § 4; renumbered 545.041 in 1995]

 

[Amended by 1969 c.669 § 13; 1989 c.182 § 6; 1995 c.42 § 9; renumbered 545.043 in 1995]

 

[Amended by 1969 c.345 § 12; repealed by 1989 c.182 § 49]

 

[Amended by 1959 c.348 § 1; 1993 c.771 § 8; 1995 c.42 § 44; renumbered 545.199 in 1995]

 

[Amended by 1995 c.42 § 45; renumbered 545.203 in 1995]

[Amended by 1953 c.233 § 2; 1993 c.771 § 9; 1995 c.42 § 46; renumbered 545.207 in 1995]

 

[Amended by 1995 c.42 § 47; renumbered 545.211 in 1995]

 

FORMATION OF DISTRICTS

 

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