2015 ORS 35.390¹
Effect of failure of condemner to use property as required
  • price of repurchase
  • form of offer of repurchase

(1) If a condemner fails to use the real property or any portion thereof acquired under this chapter within the time specified in an agreement entered into under ORS 35.385 (Public purpose use required of condemner) (1) or with the terms of a judgment given under ORS 35.325 (Effect of judgment) and 35.385 (Public purpose use required of condemner) (2), whichever applies, and the prior owner of the real property has not waived the right to repurchase the real property, the condemner shall offer such property or any portion thereof, that has not been used for a public purpose within the specified period, to the prior owner or the beneficiary of the prior owner designated as provided in ORS 35.400 (Designation of person to exercise right of repurchase). The condemner shall, at its expense, insure the title to any property or portion thereof conveyed or vested in the owner or beneficiary under any provision of ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415), free and clear of any and all encumbrances except those subject to which the condemner originally took such property.

(2) The prior owner or beneficiary described in subsection (1) of this section may repurchase from the condemner the real property that is subject to the right of repurchase for a price equal to the sum of the compensation and damages paid by the condemner for the real property plus interest at the rate of seven percent per year from the date of the conveyance of the real property by the prior owner to the condemner.

(3) If only a portion of the real property acquired by a condemner is subject to the right of repurchase under ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415), the prior owner or beneficiary may acquire such portion for a price equal to the sum of:

(a) The fair cash market value of the portion subject to the right of repurchase, as of the date of the commencement of any action subject to ORS 35.385 (Public purpose use required of condemner);

(b) The damages for diminution in value of the remainder, if any, of the former owners property not so acquired, as of the date of the commencement of any action subject to ORS 35.385 (Public purpose use required of condemner); and

(c) Interest at the rate of seven percent per year from the date of the conveyance of the real property by the prior owner to the condemner.

(4) The offer to repurchase only a portion of real property as provided in subsection (1) of this section and ORS 35.400 (Designation of person to exercise right of repurchase) (3), shall be in writing and shall include the price for repurchase as determined by the condemner, including an itemization of the components thereof, pursuant to subsection (3) of this section. [1973 c.720 §3; 2003 c.14 §19]

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 condemner during eminent domain pro­ceed­ings does not constitute waiver by condemner 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 citys grant of noise ordinance variance to raceway that it utilized eminent domain pro­ce­dures es­tab­lished by state law. Citizens Assn. 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/­ors035.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 35, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano035.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.