ORS 35.500
Definitions for ORS 35.500 to 35.530


As used in ORS 35.500 (Definitions for ORS 35.500 to 35.530) to 35.530 (Federal law controls):

(1)

“Displaced person” means any person who moves, or is required to move the person’s residence and personal property incident thereto, or the person’s business or farm operation as a result of:

(a)

Acquisition of the real property, in whole or in part, by a public entity; or

(b)

Receipt of a written order by such person from a public entity to vacate the property for public use.

(2)

“Federal Act” means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646, 42 U.S.C. 4601 et seq.) as in effect on January 1, 2003.

(3)

“Public entity” includes the state, a county, a city, a consolidated city-county as defined in ORS 199.705 (Definitions for ORS 199.705 to 199.795) (1), a district, public authority, public agency and any other political subdivision or public corporation in the state when acquiring real property or any interest therein for public use. “Public entity” also includes a private corporation that has the power to exercise the right of eminent domain.

(4)

“Public use” means a use for which real property may be acquired by a public entity as provided by law.

(5)

“Real property” or any interest therein includes tenements and hereditaments, and includes every interest, freehold and chattel, legal and equitable, present and future, vested and contingent, in such tenements and hereditaments. [Formerly 281.045]

Source: Section 35.500 — Definitions for ORS 35.500 to 35.530, https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html.

Notes of Decisions

Where petitioners, month-to-month tenants, were displaced when their residences were leased to county Department of Corrections, leasehold was a real property interest within meaning of this section, but leasing of space was not an acquisition and petitioners were not entitled to relocation assistance. Shepard v. Dept. of Community Corrections, 293 Or 191, 646 P2d 1322 (1982)

35.015
Prohibition on condemnation of certain properties with intent to convey property to private party
35.018
Severability
35.205
Short title
35.215
Definitions for chapter
35.220
Precondemnation entry on real property
35.235
Agreement for compensation
35.245
Commencement of action
35.255
Content of complaint
35.265
Advance deposit by public condemner requiring immediate possession
35.275
Advance occupancy by private condemner
35.285
Distribution of deposits
35.295
Defendant’s answer
35.300
Offer of compromise
35.305
Conduct of trial
35.315
View of property by order of court
35.325
Effect of judgment
35.335
Effect of condemner’s abandonment of action
35.346
Offer to purchase required before filing action for condemnation
35.348
Immediate possession of property
35.350
Immediate possession of property by public body
35.352
Notice of immediate possession of property by public condemner
35.355
Appeal
35.365
Effect of withdrawal of award
35.375
Chapter as exclusive condemnation proceeding
35.385
Public purpose use required of condemner
35.390
Effect of failure of condemner to use property as required
35.395
Change in period of use
35.400
Designation of person to exercise right of repurchase
35.405
Designation of person to exercise right of repurchase by multiple owners
35.410
Right to contest change in public purpose use
35.415
Application of ORS 35.385 to 35.415
35.500
Definitions for ORS 35.500 to 35.530
35.505
Relocation within neighborhood
35.510
Duties of public entities acquiring real property
35.515
Required disclosures for business and farm operations
35.520
Decision on benefits
35.525
Construction
35.530
Federal law controls
35.550
Definitions for ORS 35.550 to 35.575
35.555
Determination of necessity
35.560
Action by district attorney
35.565
Procedure for condemnation
35.570
Payment of expenses of proceeding, value and damages
35.575
Precondemnation compensation not required
35.600
Application
35.605
Authorization to acquire adjoining property for roadways
35.610
Ordinance or resolution required
35.615
Restrictions on future use of property acquired adjacent to roadway
35.620
Acquisition of land adjoining road boundaries declared necessary
35.625
Procedure to ascertain compensation and damages
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