ORS 35.352
Notice of immediate possession of property by public condemner

  • objection

(1)

At any time after a condemnation action is commenced, a public condemner may serve notice that the public condemner will take immediate possession of the property that is the subject of the action. The notice must be served in the manner provided by ORCP 9 on all defendants in the action.

(2)

If notice is served under this section, a defendant in a condemnation action may object to immediate possession of property by a public condemner by filing a written objection with the court within 10 days after notice is served on the defendant under this section and serving a copy of the objection on the public condemner in the manner provided by ORCP 9. The objection must request that the court schedule a hearing on the objection at the earliest possible time. The only issues that a court may consider upon objection are:

(a)

Whether the condemnation is legal; and

(b)

Subject to the presumption established by ORS 35.235 (Agreement for compensation) (2), whether the public condemner has acted in bad faith, engaged in fraud or engaged in an abuse of discretion under a delegation of authority.

(3)

If notice is served under this section and an objection is not filed with the court within the time allowed under subsection (2) of this section, the public condemner may at any time thereafter file with the court a form of order confirming the public condemner’s possession of the property as of the date specified in the notice. The form of order must be accompanied by an affidavit attesting to service of the notice as required by subsection (1) of this section, and a statement that an objection was not filed within 10 days after notice was served on the defendants in the action. Upon filing of the affidavit, the clerk of the court shall affix the seal of the court to the form of order. The order may thereafter be enforced in the same manner as any other order of the court.

(4)

A notice under this section must be in substantially the following form:

COUNTY OF ______
)
______ )
Plaintiff, ) NOTICE OF
) IMMEDIATE
) POSSESSION
)
vs. ) Case No. _____
)
______ )
Defendant. )
TO THE DEFENDANTS:
By service of this notice, you are advised that the plaintiff will take possession of the property described in the complaint on:

(1)

_________, 2___, if the deposit required by ORS 35.265 (Advance deposit by public condemner requiring immediate possession) has been made by that date; or

(2)

The date on which the deposit required by ORS 35.265 (Advance deposit by public condemner requiring immediate possession) is made if that date is later than the date specified above.
You may file an objection with the court within 10 days after this notice is served on you. An objection may be made only to determine:

(1)

Whether the condemnation is legal; and

(2)

Subject to the presumption established by ORS 35.235 (Agreement for compensation) (2), whether the public condemner has acted in bad faith, engaged in fraud or engaged in an abuse of discretion under a delegation of authority.
_____________________
Attorney for Plaintiff
_____________________
Address
_____________________
Telephone Number

(5)

The court shall expeditiously consider any objection filed under this section to prevent prejudice to the public condemner’s need for immediate possession.

(6)

The ability of the defendant in a condemnation action to assert legal defenses in the answer of the defendant under ORS 35.295 (Defendant’s answer) is not affected solely by reason of the filing of an objection to a notice served under this section, or by reason of the failure to file an objection.

(7)

This section does not impose a requirement that a public condemner use the procedure described in this section, and the procedure described in this section is not the exclusive method by which a public condemner may obtain possession of property. [2005 c.565 §3]

Source: Section 35.352 — Notice of immediate possession of property by public condemner; objection, https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html.

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
Green check means up to date. Up to date