About Irrevocable Petitions
An irrevocable petition recorded on a property commits the property’s owner to help pay for improving an unimproved street or alley serving the property. The petition waives the property owner’s ability to remonstrate against a proposed improvement.
This type of petition is in lieu of improving the street or alley at the time of land division or development, which was not practical at the time. When the street or alley is ultimately improved, all served properties including those with irrevocable petitions are included in a local improvement district (LID).
Upon completion of the improvement, properties in a LID are then assessed (charged) for a portion of the cost of the improvements. If you have additional questions about irrevocable petitions, please see the Frequently Asked Questions below.
Frequently Asked Questions (FAQ)
What is an irrevocable petition?
An irrevocable petition is a legal document associated with a parcel of real property which has been signed by the property owner/developer which commits that property to support and participation in the cost of improving an adjacent unimproved street or alley in the future.
What types of projects are associated with an irrevocable petition?
Typically, irrevocable petitions are associated with future improvements to an unimproved street including paving, curbs, gutters, drainage and sidewalks. However, irrevocable petitions may be signed for other types of improvements such as extensions of wastewater sewer lines, storm system improvements, and traffic signals.
How can I get a copy of the petition?
Copies of irrevocable petitions are available at the City of Eugene Engineering Division by calling 541-682-5291 and providing the tax lot number or site address for the property. Copies may be mailed, faxed or picked up. Please allow a full business day for processing.
When could the construction occur?
Projects involving irrevocable petitions are usually initiated when a need for the improvement exists -- such as safety considerations, alternative mode needs to serve the area, and failure of the existing roadbed. Improvements proposed on or near a major street such as an arterial or collector street are outlined in the bi-annual Capital Improvement Program (CIP) or the capital budget. A copy of the current CIP may be obtained by calling Public Works Engineering at 541-682-5291.
Improvements on a local or low-volume street are typically initiated by a property owner petition. Property owners supporting or objecting to a proposed project may sign a petition. Properties with irrevocable petitions are considered to be supportive of the improvement and cannot remonstrate. The design and construction of a project will begin only when properties representing over 50% of the assessable project costs support the project.
What if I don’t want the proposed improvement?
A property with an irrevocable petition for a particular project is considered in favor of the project – whether or not the current owner is in support. The property owner retains the right to file a written objection but cannot remonstrate. If the written remonstrance cause support for the project to fall below the required 50%, the City Council must override with a 2/3 majority vote (6) before a local improvement district can be formed and construction can begin.
How will I know about any public meetings concerning a proposed project?
There are at minimum two public hearings scheduled for each project – one at the time the local improvement district is formed prior to construction and one after construction before the City Council levies the assessment. Property owners are mailed notices for these hearings and for other milestones in the life of the project.
How do I pay for the improvements?
Assessment bond financing, which allows payment of the assessment in semi-annual or monthly payments over ten years, is available to all property owners. A low-to-moderate income subsidy program has been developed to help reduce the cost to qualified property owners of owner-occupied single-family homes or duplexes.
Why is there an Irrevocable Petition on my property?
When property abutting an unimproved street or alley is subdivided or partitioned or an intensification of use is proposed, the property owner/developer is required to sign an irrevocable petition for the future improvement of an adjacent unimproved street or alley. The petition waives the property owner’s ability to remonstrate a proposed improvement. This petition is in lieu of improving the street or alley at the time of development which is typically not practical.
When the street or alley is ultimately improved, all abutting properties including those with irrevocable petitions are included in a local improvement district (LID). Upon completion of the improvement, properties in a LID are then assessed (charged) for a portion of the cost of the improvements. Irrevocable petitions are filed with the Lane County Recorder and are typically referenced in title reports.
Why Is This Necessary?
- A portion of the cost to improve unimproved streets or alleys serving adjacent properties is the responsibility of those property owners.
- When an undeveloped property is partitioned, subdivided or changes use, the expectation that the owner will participate in the cost of improving the adjacent unimproved street or alley is recorded through an irrevocable petition that will be utilized in the future.
- Property taxes are not used to pay for infrastructure improvements such as roads, sidewalks, stormwater drainage, or wastewater sewer lines.