2015 ORS 35.575¹
Precondemnation compensation not required

ORS 35.550 (Definitions for ORS 35.550 to 35.575) to 35.575 (Precondemnation compensation not required) do not require the state to make or tender compensation prior to condemning and taking possession of the lands or property. [Formerly 281.260]

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.