Oregon Statutes - Chapter 35 - Eminent Domain; Public Acquisition of Property - Section 35.335 - Effect of condemner’s abandonment of action.

(1) If an action is abandoned by the condemner, the court shall enter judgment in favor of the defendant for costs and disbursements in the action and for reasonable attorney fees and reasonable expenses as determined by the court.

(2) Expenses mean costs of appraisals and fees for experts incurred in preparing and conducting the defense to the action.

(3) An action is considered abandoned if, at any time after filing a complaint, the case is dismissed or terminated or the condemner files an election not to take the property. If an election is not filed within 60 days after the verdict, the condemner is considered to have elected to take the property. [1971 c.741 §17]

Section:  Previous  35.265  35.275  35.285  35.295  35.305  35.315  35.325  35.335  35.345  35.346  35.348  35.350  35.352  35.355  35.365  Next

Last modified: August 7, 2008