ORS 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 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]

Source: Section 35.510 — Duties of public entities acquiring real property, https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html.

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

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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