2007 ORS 35.500¹
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]

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)

Notes of Decisions

Where plaintiff's lease for maintaining advertising sign had expired, plaintiff was not entitled to reloca­tion benefits under these sec­tions as legal right to maintain sign at that loca­tion had terminated. Ackerley v. Mt. Hood Comm. College, 51 Or App 801, 627 P2d 487 (1981), Sup Ct review denied

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 ORS 281.045 (renumbered ORS 35.500 (Definitions for ORS 35.500 to 35.530)), 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)

Chapter 35

Notes of Decisions

Replace­ment value of prop­erty should not be considered unless prop­erty is unique or unless prop­erty taken performs legally necessary func­tion. State Bd. of Higher Educ. v. First Methodist Church, 6 Or App 492, 488 P2d 835 (1971)

Occupa­tion of land by condemnor during eminent domain pro­ceed­ings does not constitute waiver by condemnor of its right to abandon such pro­ceed­ings. Port of Newport v. Haydon, 10 Or App 271, 498 P2d 825 (1972)

Organiza­tion of prop­erty owners adjoining automobile raceway did not show in challenging city's grant of noise ordinance variance to raceway that it utilized eminent domain pro­ce­dures es­tab­lished by state law. Citizen's Ass'n. of Portland v. Intern. Race­ways, 833 F2d 763 (1987)

Law Review Cita­tions

8 WLJ 261-268 (1972); 85 OLR 1063 (2006)

1 Legislative Counsel Committee, CHAPTER 35—Eminent Domain; Public Acquisition of Property, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­035.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 35, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­035ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.