Summary of ORS Chapter 35
Oregon Revised Statutes (ORS) Chapter 35 pertains to eminent domain, which is the legal process through which the government can acquire private property for public use, provided that just compensation is paid to the property owner. The chapter outlines the procedures, requirements, and principles governing eminent domain in the state of Oregon. Here is a summary of key aspects of ORS Chapter 35:
- Declaration of Policy (ORS 35.015): This section prohibits the condemnation of certain properties, including residences, businesses, farms, or forest operations, with the intent of conveying to a private party, such as a developer.
- Definitions (ORS 35.215): Important terms used in the context of eminent domain are defined, including terms like “condemnation,” “just compensation,” and “public body.”
- Procedure for Eminent Domain Actions (ORS 35.220 – ORS 35.315): This section details the process for exercising eminent domain, covering aspects such as the initiation of condemnation proceedings, the contents of the complaint and the property owner’s answer, providing an advanced deposit for use by the property owner if immediate possession of the property is sought, offers of compromise by the condemning authority, and the conduct of trial.
- Compensation (ORS 35.346 – ORS 35.352): These sections outline the condemnation procedure, including requiring a condemning authority to obtain an appraisal report and provide a written offer at least 40 days before filing a condemnation action. These sections further discuss the process of a condemning authority obtaining immediate possession of property, including depositing the alleged just compensation amount with the court, accessible by the property owner. These provisions ensure that property owners receive fair market value for their property and, if they obtain more than the condemning authority’s highest written offer, recovery of related attorney fees and costs.
- Procedures for Appeals (ORS 35.355): Property owners and condemning authorities have the right to appeal decisions related to eminent domain.
- Public Purpose Use (ORS 35.385–ORS 35.415): These sections address the requirement that condemned property is used for a public purpose and provide certain rights of property owners to repurchase the property if the property is not used for a public purpose.
- Acquisition of Property Adjoining Roadways Provisions (ORS 35.605): These sections outline the authorization, restrictions, and process of acquiring adjoining property for roadways, streets, and highways.
