ORS 35.265
Advance deposit by public condemner requiring immediate possession

  • effect on interest otherwise allowable

(1)

When a public condemner commences an action for the condemnation of property and immediate possession of the property is considered necessary by the public condemner, a fund shall be created in the amount estimated to be the just compensation for the property and placed in the hands of the treasurer of the public condemner for deposit with the clerk of the court wherein the action was commenced, for the use of the defendants in the action.

(2)

When the public condemner is a state agency and immediate possession of property is considered necessary by the agency, the agency shall certify to such facts and authorize an advancement out of funds available to the agency of the amount estimated by the agency to be just compensation for the property. Upon such certification and authorization, a warrant shall be drawn in favor of the clerk of the court in the amount authorized.

(3)

Upon the deposit in court by the public condemner of the estimated amount of just compensation as provided by subsections (1) and (2) of this section, no interest shall be allowed thereon in the judgment. [1971 c.741 §10; 2003 c.576 §236]

Source: Section 35.265 — Advance deposit by public condemner requiring immediate possession; effect on interest otherwise allowable, https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html.

Notes of Decisions

Public condemner is not entitled to interest on amount to be repaid by condemnee due to reduced judgment or condemner abandonment. City of Silverton v. Porter, 28 Or App 415, 559 P2d 1297 (1977)

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
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