OAG 40-74.

• Case Date: October 05, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-74. 83OPINION NO. 40-74[20 Or. Op. Atty. Gen. 83]Where referendum on question of formation of soil conservation district does not comply with legal requirements, second referendum involving identical area cannot be submitted without filing a new petition and same procedure as in the first instance.October 5, 1940.Oregon State Soil Conservation Committee.Gentlemen: You have requested my opinion as to the proper procedure in a 84case where the people in a certain area have filed a petition for creation of a soil conservation district under the terms of chapter 555, Oregon Laws, 1939, the committee has held a hearing, and also has held a referendum, but the result of the referendum shows either failure to have a favorable vote from 70 per cent of the acreage, or failure to show a favorable vote of 51 per cent of the eligible voters. The particular point concerning which you request to be advised is what procedure must be followed in order to hold a second referendum for an identical area where a referendum has already been held and failed to meet the legal requirements for creation of a district, and how soon after an abortive referendum such a second referendum could legally be held. Chapter 555, Oregon Laws, 1939, provides for the creation of soil conservation districts by proceedings which are to be initiated by a petition to the state soil conservation committee signed by any twenty-five or more landowners, or the owners of more than 70 per cent of the acres of land lying within the limits of the territory proposed to be organized into a district. Within 60 days after such petition has been filed with the committee it shall cause due notice to be given of a proposed hearing upon the question of the desirability and necessity of the creation of such district, and other matters, and after such hearing, if the committee shall determine upon the facts presented at such hearing and upon such other relevant facts and information that may be available that there is need, in the interest of the general welfare, for a soil conservation district to function in the territory considered at the hearing...