2015 ORS 35.415¹
Application of ORS 35.385 to 35.415

(1) ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) apply only to property acquired after the filing of a complaint pursuant to a resolution or ordinance adopted as provided in ORS 35.235 (Agreement for compensation) (1) on or after October 5, 1973, and for which a condemnation action is commenced on or after October 5, 1973.

(2) Notwithstanding ORS 35.375 (Chapter as exclusive condemnation proceeding), ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) apply to real property acquired by a county pursuant to ORS chapter 368.

(3) ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) shall not apply to any real property acquired under ORS 35.385 (Public purpose use required of condemner) (1) and (2) after the date the real property is used for the purpose for which it was acquired nor shall ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) apply to any tract of real property where the compensation and damages paid to the owner is less than $1,000. [1973 c.720 §8; 1981 c.153 §53]

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 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/­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.