ORS 35.510¹
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 other statute, charter, ordinance, or rule or regulation, the public entity shall:

(1) Provide fair and reasonable relocation payments and assistance to or for displaced persons as provided under sections 202, 203, 204 and 206 of the Federal Act;

(2) Provide relocation assistance programs offering to displaced persons and others occupying property immediately adjacent to the real property acquired the services described in section 205 of the Federal Act on the conditions prescribed therein;

(3) In acquiring the real property, be guided by the land acquisition policies in sections 301 and 302 of the Federal Act;

(4) Pay or reimburse property owners for necessary expenses as specified in sections 303 and 304 of the Federal Act;

(5) Share costs of providing payments and assistance with the federal government in the manner and to the extent required by sections 211 (a) and (b) of the Federal Act; and

(6) Appoint such officers, enter into such contracts, utilize federal funds for planning and providing comparable replacement housing and take such other actions as may be necessary to comply with the conditions and requirements of the Federal Act. [Formerly 281.060]

Notes of Decisions

In determining just compensa­tion for taking of land, improve­ments and fixtures, even if it was error for trial court to submit ques­tion of removal value of tenants' fixtures to jury, it was harmless where jury found there was no removal value. City of Portland v. Nudelman, 45 Or App 425, 608 P2d 1190 (1980), Sup Ct review denied

Term "will result in the acquisi­tion of real prop­erty" of this sec­tion indicates a legislative concern with something more than rental of modest amount of office space. Shepard v. Dept. of Community Correc­tions, 293 Or 191, 646 P2d 1322 (1982)

Court erred in requiring city to take fee title to two separate properties where "uneconomic remnant" theory was not clearly applicable because ease­ment, rather than fee, was taken and even if theory did apply, remnants were not valueless. City of Lake Oswego v. Babson, 97 Or App 408, 776 P2d 870 (1989), Sup Ct review denied

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. Currency Information