ORS 35.015
Prohibition on condemnation of certain properties with intent to convey property to private party

  • exceptions

(1)

Except as otherwise provided in this section, a public body as defined in ORS 174.109 (“Public body” defined) may not condemn private real property used as a residence, business establishment, farm or forest operation if at the time of the condemnation the public body intends to convey fee title to all or a portion of the real property, or a lesser interest than fee title, to another private party.

(2)

Subsection (1) of this section does not apply to condemnation of:

(a)

Improved or unimproved real property that constitutes a danger to the health or safety of the community by reason of contamination, dilapidated structures, improper or insufficient water or sanitary facilities, or any combination of these factors;

(b)

Any timber, crops, topsoil, gravel or fixtures to be removed from the real property being condemned; or

(c)

Real property condemned for maintenance, improvement, or construction of transportation facilities, transportation systems, utility facilities or utility transmission systems.

(3)

Subsection (1) of this section does not prohibit a public body from leasing a portion of a public facility to a privately owned business for the provision of retail services designed primarily to serve the patrons of the public facility.

(4)

A public body as defined in ORS 174.109 (“Public body” defined) may at any time publish notice that the public body intends to consider condemnation of a lot or parcel. If the public body publishes notice under this subsection, subsection (1) of this section does not apply for such time necessary to provide the public body reasonable opportunity to condemn the property, if the lot or parcel is conveyed by the owner of the lot or parcel to another private party after the notice is published, but prior to the time the property is condemned.

(5)

Subsection (1) of this section does not affect the ability of a public body as defined in ORS 174.109 (“Public body” defined) to make a conveyance of a nonpossessory interest in condemned property for the purpose of financing acquisition of the property.

(6)

A court shall independently determine whether a taking of property complies with the requirements of this section, without deference to any determination made by the public body. If a court determines that a taking of property does not comply with the requirements of this section, the owner of the lot or parcel that is the subject of the condemnation proceeding shall be entitled to reasonable attorney fees, expenses, costs and other disbursements reasonably incurred to defend against the proposed condemnation. [2007 c.1 §2; 2009 c.11 §6]

Source: Section 35.015 — Prohibition on condemnation of certain properties with intent to convey property to private party; exceptions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html.

35.015
Prohibition on condemnation of certain properties with intent to convey property to private party 35.018
Severability 35.205
Short title 35.215
Definitions for chapter 35.220
Precondemnation entry on real property 35.235
Agreement for compensation 35.245
Commencement of action 35.255
Content of complaint 35.265
Advance deposit by public condemner requiring immediate possession 35.275
Advance occupancy by private condemner 35.285
Distribution of deposits 35.295
Defendant’s answer 35.300
Offer of compromise 35.305
Conduct of trial 35.315
View of property by order of court 35.325
Effect of judgment 35.335
Effect of condemner’s abandonment of action 35.346
Offer to purchase required before filing action for condemnation 35.348
Immediate possession of property 35.350
Immediate possession of property by public body 35.352
Notice of immediate possession of property by public condemner 35.355
Appeal 35.365
Effect of withdrawal of award 35.375
Chapter as exclusive condemnation proceeding 35.385
Public purpose use required of condemner 35.390
Effect of failure of condemner to use property as required 35.395
Change in period of use 35.400
Designation of person to exercise right of repurchase 35.405
Designation of person to exercise right of repurchase by multiple owners 35.410
Right to contest change in public purpose use 35.415
Application of ORS 35.385 to 35.415 35.500
Definitions for ORS 35.500 to 35.530 35.505
Relocation within neighborhood 35.510
Duties of public entities acquiring real property 35.515
Required disclosures for business and farm operations 35.520
Decision on benefits 35.525
Construction 35.530
Federal law controls 35.550
Definitions for ORS 35.550 to 35.575 35.555
Determination of necessity 35.560
Action by district attorney 35.565
Procedure for condemnation 35.570
Payment of expenses of proceeding, value and damages 35.575
Precondemnation compensation not required 35.600
Application 35.605
Authorization to acquire adjoining property for roadways 35.610
Ordinance or resolution required 35.615
Restrictions on future use of property acquired adjacent to roadway 35.620
Acquisition of land adjoining road boundaries declared necessary 35.625
Procedure to ascertain compensation and damages
Green check means up to date. Up to date

Current through early 2024

§ 35.015’s source at oregon​.gov