ORS 35.385
Public purpose use required of condemner

  • right of repurchase
  • specification of duration of public purpose use
  • effect

(1)

If real property is acquired by a condemner by agreement with the owner of such property after the adoption of a resolution or ordinance under ORS 35.235 (Agreement for compensation) (1) for the acquisition of the property but before entry of a judgment in a condemnation action under ORS 35.245 (Commencement of action), the condemner and the owner shall:

(a)

Specify in such agreement for the real property a reasonable period within which the real property must be used by the condemner for a public purpose or specify a 10-year period for such use and provide that the right of repurchase of the real property or any portion thereof may be exercised as provided in ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415); or

(b)

Specify that the right of repurchase of the real property has been waived by the owner and, in such case, not specify a period within which the real property must be used by the condemner for a public purpose.

(2)

If real property is acquired by a condemner under this chapter by judgment given in a condemnation action under ORS 35.325 (Effect of judgment), the court shall:

(a)

Specify in the judgment a reasonable period within which the real property must be used by the condemner for a public purpose or specify a 10-year period, and provide that the right of repurchase may be exercised with respect to the real property as provided in ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415); or

(b)

Specify that the right of repurchase of the real property has been waived by the owner and, in such case, not specify a period within which the real property must be used by the condemner for a public purpose.

(3)

For the purposes of subsection (2)(a) of this section, the resolution or ordinance of the condemner is presumptive evidence that the period of time that is proposed by the condemner is a reasonable period in which the real property must be used by the condemner for a public purpose; provided, however, that if the resolution or ordinance specifies a 10-year period or less, neither the owner nor a designated beneficiary of the owner can contest the reasonableness of the period specified.

(4)

If real property is acquired by a condemner by agreement with the owner as described in subsection (1) of this section, and the agreement does not contain one of the provisions required by subsection (1)(a) or (b) of this section, the owner may repurchase the property, or any portion of the property, in the manner provided by ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) if:

(a)

Ten years have expired since the date of the transfer of the property; and

(b)

The condemner has not used the property for a public purpose.

(5)

Subsection (4) of this section does not apply to real property acquired by a condemner for the purpose of constructing, improving or maintaining a transportation facility or system. [1973 c.720 §2; 2011 c.426 §1]

Source: Section 35.385 — Public purpose use required of condemner; right of repurchase; specification of duration of public purpose use; effect, https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html.

Attorney General Opinions

Right of repurchase distinguished from right of first refusal, (1975) Vol 37, p 773

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

§ 35.385’s source at oregon​.gov