2017 ORS 777.116¹
Port may acquire real and personal property
  • appraisal by state certified appraiser required
  • purchase contract limited

(1) A port may acquire, by condemnation or other lawful method, hold, use, enjoy and convey, lease or otherwise dispose of real and personal property, or any interest therein, necessary or convenient in carrying out its powers. Condemnation proceedings shall be conducted as provided by ORS chapter 35.

(2)(a) A port may not purchase real property unless the port first obtains an appraisal of the fair market value of the property from a state certified appraiser who is disinterested in the transaction and independent of the port.

(b) If the appraisal obtained under paragraph (a) of this subsection concludes that the value of the property exceeds $2,000,000, then the port must obtain an additional appraisal of the fair market value of the property before purchasing the property. The appraiser who conducts the additional appraisal must be a state certified appraiser but need not be disinterested in the transaction or independent of the port.

(c) Nothing in this subsection requires the port to purchase the real property at the appraised value.

(d) The appraisals obtained under this section may not be admitted as evidence in any condemnation proceeding.

(3) A port may purchase real or personal property upon a contractual basis when the period of time allowed for payment under the contract does not exceed 20 years.

(4) As used in this section, “state certified appraiser” has the meaning given that term in ORS 674.010 (Definitions). [1971 c.728 §17 (enacted in lieu of 777.115, 777.185 and 777.187); 1973 c.127 §2; 1975 c.43 §1; 1979 c.17 §1; 1991 c.5 §45; 1993 c.201 §1; 2017 c.86 §1]

Notes of Decisions

Port districts’ powers are limited to those delegated by legislature either expressly or by necessary implica­tion. Brusco Towboat v. State Land Bd., 30 Or App 509, 567 P2d 1037 (1977), modified 284 Or 627, 589 P2d 712 (1978)

Atty. Gen. Opinions

The port’s authority to interfere with the state’s proprietary rights in its submerged or submersible lands, (1972) Vol 36, p 150

Law Review Cita­tions

51 OLR 53 (1971)

Chapter 777

Notes of Decisions

Port district’s power to formulate rules and regula­tions to prevent estuary and stream pollu­tion within its boundaries did not give it standing to object to power supply contract between Bonneville Power Administra­tion and proposed aluminum plant. Port of Astoria v. Hodel, 595 F2d 467 (1979)

1 Legislative Counsel Committee, CHAPTER 777—Ports Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors777.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 777, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano777.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.