Offer to purchase required before filing action for condemnation
- appraisal
- arbitration
- when costs and disbursements allowed
Source:
Section 35.346 — Offer to purchase required before filing action for condemnation; appraisal; arbitration; when costs and disbursements allowed, https://www.oregonlegislature.gov/bills_laws/ors/ors035.html.
See also annotations under ORS 35.345 in permanent edition.
Notes of Decisions
Under former similar statute (ORS 366.380)
For the purposes of this section, informal “offer” and official “tender” were identical. State Hwy. Comm. v. Freeman, 11 Or App 513, 504 P2d 133 (1972)
In general
In an action at law, the trial court’s findings as to attorney fees, if based on the Newburn standards may be set aside only if they are not supported by any substantial, competent evidence. Urban Renewal v. Starr Foods, Inc., 16 Or App 475, 519 P2d 101 (1974)
Interest from the day of judgment runs against the state on a judgment for attorney fees under this section. State Hwy. Comm. v. Carmel Estates, Inc., 18 Or App 235, 525 P2d 61 (1974), Sup Ct review denied
It is not necessary for defendant to plead right to recover attorney fees under this section. State ex rel Dept. of Transp. v. Stafford, 34 Or App 983, 580 P2d 574 (1978)
Notwithstanding that city failed to make written offer prior to filing complaint, condemnees were not entitled to award of attorney fees where jury award did not exceed lump-sum offer made to condemnees. Urban Renewal Agency of Salem v. Caughell, 35 Or App 145, 581 P2d 98 (1978)
Where county’s final compensation offer for land taken was $6,000 and jury verdict was $5,730, landowner was not entitled to recover attorney fees and reasonable expenses under this section. Douglas County v. Brown, 42 Or App 527, 600 P2d 945 (1979)
Where state’s highest settlement offer was greater than value of property but less than value plus interest, condemnee was entitled to attorney fees and costs. State ex rel Dept. of Trans. v. Glenn, 288 Or 17, 602 P2d 253 (1979)
Same offer may serve as written offer to owner at least 20 days prior to filing of action and as highest written offer in settlement to defendant. Department of Transportation v. Kesterson, 182 Or App 105, 47 P3d 546 (2002), Sup Ct review denied
Offer need not be available at time of trial to qualify as highest written offer in settlement made to defendant at least 30 days prior to commencement of trial. Department of Transportation v. Kesterson, 182 Or App 105, 47 P3d 546 (2002), Sup Ct review denied
“Appraisal” means opinion of value that: 1) is completed and issued; 2) complies with applicable administrative rules regulating activities of appraisers; and 3) is made by person certified or licensed to issue opinion. Department of Transportation v. Stallcup, 341 Or 93, 138 P3d 9 (2006)
Substantial or complete identity between owners of one parcel and members of corporation owning second parcel does not create unity of ownership for purposes of condemner making initial written offer to parcel owner or party in interest. Dept. of Transportation v. Pilothouse 60, LLC, 220 Or App 203, 185 P3d 487 (2008), Sup Ct review denied
To satisfy this statute, terms of offer must match assumptions on which offered amount of damages was calculated. Oregon Department of Transportation v. Singh, 257 Or App 322, 306 P3d 745 (2013)
Compensable damages to remaining property constitute any depreciation in fair market value of remaining property caused by taking. Oregon Department of Transportation v. Singh, 257 Or App 322, 306 P3d 745 (2013)
Fair market value of property after taking must be calculated based on highest and best use of property regardless of whether that use is same as it was before taking. Oregon Department of Transportation v. Singh, 257 Or App 322, 306 P3d 745 (2013)
Offer means display of willingness to enter into contract on specified terms, made in way that would lead reasonable person to understand that acceptance of offer will result in binding contract. Oregon Department of Transportation v. Singh, 257 Or App 322, 306 P3d 745 (2013)
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