2007 ORS § 549.380¹
Acquisition of property necessary to improvement
  • condemnation
  • prior payment of compensation unnecessary

Whenever a county court finds it necessary, in order to carry out any of the purposes mentioned in ORS 549.310 (Application of ORS 549.320 to 549.400) to 549.370 (Maintenance of work), to condemn, acquire or appropriate any land, property or right of any nature, it shall so declare its intention by resolution spread on the records of the court, setting out the necessity that exists. If it is unable to agree with the owner for the purchase of such land, property or right, the district attorney for the county, upon request of the county court, shall commence and prosecute in any court of competent jurisdiction, in the name of the county, any necessary suit, action or proceeding for the condemnation of such land, property or right, for such public use. The procedure in such suit, action or proceeding shall be, as far as applicable, the procedure provided by law for the condemnation of lands or rights of way by public or quasi-public corporations for public use or for corporate purposes; provided, nothing in this section shall be construed to require the county to make or tender compensation prior to the condemnation and taking possession of such land, property or right.