ORS 35.335
Effect of condemner’s abandonment of action

(1)

If an action is abandoned by the condemner, the court shall enter judgment in favor of the defendant for costs and disbursements in the action and for reasonable attorney fees and reasonable expenses as determined by the court.

(2)

Expenses mean costs of appraisals and fees for experts incurred in preparing and conducting the defense to the action.

(3)

An action is considered abandoned if, at any time after filing a complaint, the case is dismissed or terminated or the condemner files an election not to take the property. If an election is not filed within 60 days after the verdict, the condemner is considered to have elected to take the property. [1971 c.741 §17]

Source: Section 35.335 — Effect of condemner’s abandonment of action, https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html.

Notes of Decisions

Under former similar statute (ORS 35.105)

Occupation of land by condemner during eminent domain proceedings did 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)

In general

Recovery of attorney fees is proper when case is dismissed on defendant’s motion. Braat v. Andrews, 266 Or 537, 514 P2d 540 (1973)

“Dismissed” includes voluntary and involuntary dismissal. Braat v. Andrews, 266 Or 537, 514 P2d 540 (1973)

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

§ 35.335’s source at oregon​.gov