Oregon Statutes - Chapter 35 - Eminent Domain; Public Acquisition of Property - Section 35.305 - Conduct of trial; defendantís option; jury argument; neither side has burden of proof of just compensation.

(1) Evidence shall be received and the trial conducted in the order and manner prescribed for a civil action in the circuit court, except that the defendant shall have the option of proceeding first or last in the presentation of evidence, if notice of such election is filed with the court and served on the condemner at least seven days prior to the date set for trial. If no notice of election is filed, the condemner shall proceed first in the presentation of evidence. Unless the case is submitted by both sides to the jury without argument, the party who presents evidence first shall also open and close the argument to the jury.

(2) Condemner and defendant may offer evidence of just compensation, but neither party shall have the burden of proof of just compensation. [1971 c.741 §14; 1979 c.284 §76]

Section:  Previous  35.235  35.245  35.255  35.265  35.275  35.285  35.295  35.305  35.315  35.325  35.335  35.345  35.346  35.348  35.350  Next

Last modified: August 7, 2008