Oregon Statutes - Chapter 35 - Eminent Domain; Public Acquisition of Property

• 35.010   [Repealed by 1971 c.741 §38]
• 35.015   Prohibition on condemnation of certain properties with intent to convey property to private party; exceptions.
  (1) Except as otherwise provided in this section, a public body as defined in ORS 174.109 may not condemn private real property used as a...
• 35.018   Severability.
  If any portion or portions of chapter 1, Oregon Laws 2007, are declared invalid by a court of competent jurisdiction, the remaining portions of chapter...
• 35.020   [Repealed by 1971 c.741 §38]
• 35.030   [Repealed by 1971 c.741 §38]
• 35.040   [Amended by 1967 c.479 §1; repealed by 1971 c.741 §38]
• 35.050   [Repealed by 1971 c.741 §38]
• 35.060   [Repealed by 1971 c.741 §38]
• 35.070   [Amended by 1967 c.479 §2; repealed by 1971 c.741 §38]
• 35.080   [Repealed by 1971 c.741 §38]
• 35.085   [1967 c.479 §§4,5; repealed by 1971 c.741 §38]
• 35.090   [Repealed by 1971 c.741 §38]
• 35.100   [Repealed by 1971 c.741 §38]
• 35.105   [1967 c.479 §6; repealed by 1971 c.741 §38]
• 35.110   [Repealed by 1971 c.741 §38]
• 35.120   [Repealed by 1971 c.741 §38]
• 35.130   [Repealed by 1971 c.741 §38]
• 35.140   [Repealed by 1971 c.741 §38]
• 35.205   Short title.
  This chapter may be cited as the General Condemnation Procedure Act. [1971 c.741 §2]
• 35.215   Definitions for chapter.
  As used in this chapter, unless the context otherwise requires: (1) “Condemner” means the state, any city, county, school district, municipal or public corporation, political...
• 35.220   Precondemnation entry on real property.
  (1) Subject to the requirements of this section, a condemner may enter upon, examine, survey, conduct tests upon and take samples from any real property...
• 35.225   [1971 c.741 §5; repealed by 1979 c.284 §199]
• 35.235   Agreement for compensation; status of resolution or ordinance of public condemner; status of action of private condemner; agreement effort not prerequisite.
  (1) Subject to ORS 758.015 and 836.050, whenever in the judgment of the condemner it is necessary to acquire property for a purpose for which...
• 35.245   Commencement of action; jurisdiction; parties.
  (1) If the condemner is unable to agree with or locate the owner of the property under ORS 35.235, then an action to condemn property...
• 35.255   Content of complaint.
  The complaint shall describe the property sought to be condemned and shall allege the true value of the property sought and the damage, if any,...
• 35.265   Advance deposit by public condemner requiring immediate possession; effect on interest otherwise allowable.
  (1) When a public condemner commences an action for the condemnation of property and immediate possession of the property is considered necessary by the public...
• 35.275   Advance occupancy by private condemner; hearing; deposit or bond; effect of size of bond or deposit on amount of just compensation.
  (1) At any time after an action is commenced to acquire any property, a private condemner may apply to the court for an order to...
• 35.285   Distribution of deposits; effect of withdrawal on appeal.
  (1) The court may distribute all or any part of the funds deposited by a condemner to the persons entitled thereto for or on account...
• 35.295   Defendant’s answer.
  The defendant in answer may set forth any legal defense the defendant may have to the condemnation. The defendant shall also allege the true value...
• 35.305   Conduct of trial; defendant’s 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...
• 35.315   View of property by order of court.
  If motion is made by either party before the formation of the jury, the court shall order a view of the property in question. Upon...
• 35.325   Effect of judgment; effect of payment under judgment.
  Upon the assessment of the compensation by the jury, the court shall give judgment appropriating the property in question to the condemner, conditioned upon the...
• 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...
• 35.345   [1971 c.741 §18; repealed by 1973 c.617 §1 (35.346 enacted in lieu of 35.345)]
• 35.346   Offer to purchase required before filing action for condemnation; appraisal; arbitration; when costs and disbursements allowed.
  (1) At least 40 days before the filing of any action for condemnation of property or any interest in property, the condemner shall make an...
• 35.348   Immediate possession of property.
  Notwithstanding ORS 35.346, if a condemner determines that an emergency that poses a threat to persons or property exists and that immediate possession of the...
• 35.350   Immediate possession of property by public body.
  This chapter does not affect the ability of a public body, as defined in ORS 174.109, to take immediate possession of property in an emergency...
• 35.352   Notice of immediate possession of property by public condemner; objection.
  (1) At any time after a condemnation action is commenced, a public condemner may serve notice that the public condemner will take immediate possession of...
• 35.355   Appeal.
  Either party to the action may appeal from the judgment in like manner and with like effect as in ordinary cases, but the appeal shall...
• 35.365   Effect of withdrawal of award; disposition of award.
  If the defendant withdraws the compensation awarded by the court or jury, the defendant waives the right of appeal; and, if the defendant does not,...
• 35.375   Chapter as exclusive condemnation proceeding; exception.
  Except for procedures provided in ORS chapter 368, any action for the condemnation of property under the power of eminent domain shall be conducted according...
• 35.385   Public purpose use required of condemner; right of repurchase; specification of duration of public purpose use; effect.
  (1) If real property is acquired by a condemner by agreement with the owner of such property after commencement of an action under ORS 35.245...
• 35.390   Effect of failure of condemner to use property as required; price of repurchase; form of offer of repurchase.
  (1) If a condemner fails to use the real property or any portion thereof acquired under this chapter within the time specified in an agreement...
• 35.395   Change in period of use; notice; effect of failure to agree on change; review by court.
  (1) The period specified in an agreement or judgment as provided in ORS 35.385 may be changed as provided in this section, if the prior...
• 35.400   Designation of person to exercise right of repurchase; effect of failure to designate; offer to repurchase; acceptance; notice; determination of price.
  (1) At the time of entering into an agreement pursuant to ORS 35.385 (1) for the acquisition of real property by a condemner or prior...
• 35.405   Designation of person to exercise right of repurchase by multiple owners.
  Notwithstanding any other provision of ORS 35.385 to 35.415, in any instance in which ORS 35.385 applies, where the agreement by which the condemner acquired...
• 35.410   Right to contest change in public purpose use; notice of proposed change.
  A prior owner of real property acquired pursuant to an agreement entered into under ORS 35.385 (1) or a judgment given under ORS 35.235 and...
• 35.415   Application of ORS 35.385 to 35.415.
  (1) ORS 35.385 to 35.415 apply only to property acquired after the filing of a complaint pursuant to a resolution or ordinance adopted as provided...
• 35.500   Definitions for ORS 35.500 to 35.530.
  As used in ORS 35.500 to 35.530: (1) “Displaced person” means any person who moves, or is required to move the person’s residence and personal...
• 35.505   Relocation within neighborhood; notice prior to move; costs and allowances.
  (1) A public entity undertaking urban renewal or neighborhood development shall make all reasonable efforts to insure that all displaced persons shall have the option...
• 35.510   Duties of public entities acquiring real property.
  Whenever any program or project is undertaken by a public entity which program or project will result in the acquisition of real property, notwithstanding any...
• 35.515   Required disclosures for business and farm operations.
  To be eligible for the payment authorized by ORS 35.510, a business or farm operation must make its state income tax returns and its financial...
• 35.520   Decision on benefits; hearing; review.
  Any person who applies for relocation benefits or assistance under ORS 35.510 shall receive the public entity’s written decision on the application, which shall include...
• 35.525   Construction.
  Nothing in ORS 35.510, 35.515 or 35.520 shall be construed as creating in any condemnation proceedings brought under the power of eminent domain, any element...
• 35.530   Federal law controls.
  If a public entity is receiving federal financial assistance and is thereby required to comply with applicable federal laws and regulations relating to relocation assistance,...
• 35.550   Definitions for ORS 35.550 to 35.575.
  As used in ORS 35.550 to 35.575: (1) “Property” means real property, water, watercourses, and water and riparian rights, or any right or interest therein....
• 35.555   Determination of necessity; suit by Attorney General.
  Whenever the state requires property for any public use, the necessity for the acquisition to be decided and declared in the first instance by the...
• 35.560   Action by district attorney.
  The district attorney of the judicial district in which the property to be condemned lies shall: (1) Commence and prosecute the suit, action or proceeding...
• 35.565   Procedure for condemnation.
  The procedure in the suit, action or proceeding referred to in ORS 35.555 or 35.560 shall be, as far as applicable, the procedure prescribed by...
• 35.570   Payment of expenses of proceeding, value and damages.
  The expenses of the condemnation proceeding, the value of the property, and the damages for the taking thereof, shall be paid out of the funds...
• 35.575   Precondemnation compensation not required.
  ORS 35.550 to 35.575 do not require the state to make or tender compensation prior to condemning and taking possession of the lands or property....
• 35.600   Application.
  ORS 35.600 to 35.625 apply to all condemners other than the state. [Formerly 281.505]
• 35.605   Authorization to acquire adjoining property for roadways.
  (1) Every condemner having the right to purchase, acquire, enter upon and appropriate land and property for establishing, laying out, widening, enlarging or extending roads,...
• 35.610   Ordinance or resolution required.
  Before the right to purchase, acquire, enter upon and appropriate any adjoining land or property under ORS 35.605 is exercised by any condemner, the governing...
• 35.615   Restrictions on future use of property acquired adjacent to roadway.
  After an appropriation of land and property authorized by ORS 35.605 has been made, the land and property so appropriated adjoining the boundaries of any...
• 35.620   Acquisition of land adjoining road boundaries declared necessary.
  The purchase, acquisition, entering upon and appropriation of lands and property immediately adjoining the boundaries of roads, streets or highways, as defined and limited in,...
• 35.625   Procedure to ascertain compensation and damages.
  If private property is appropriated for the public use as authorized by ORS 35.605, and the compensation and damages arising from the appropriation cannot be...

Last modified: August 7, 2008