ORS 35.390
Effect of failure of condemner to use property as required

  • price of repurchase
  • form of offer of repurchase

(1)

If a condemner fails to use the real property or any portion thereof acquired under this chapter within the time specified in an agreement entered into under ORS 35.385 (Public purpose use required of condemner) (1) or with the terms of a judgment given under ORS 35.325 (Effect of judgment) and 35.385 (Public purpose use required of condemner) (2), whichever applies, and the prior owner of the real property has not waived the right to repurchase the real property, the condemner shall offer such property or any portion thereof, that has not been used for a public purpose within the specified period, to the prior owner or the beneficiary of the prior owner designated as provided in ORS 35.400 (Designation of person to exercise right of repurchase). The condemner shall, at its expense, insure the title to any property or portion thereof conveyed or vested in the owner or beneficiary under any provision of ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415), free and clear of any and all encumbrances except those subject to which the condemner originally took such property.

(2)

The prior owner or beneficiary described in subsection (1) of this section may repurchase from the condemner the real property that is subject to the right of repurchase for a price equal to the sum of the compensation and damages paid by the condemner for the real property plus interest at the rate of seven percent per year from the date of the conveyance of the real property by the prior owner to the condemner.

(3)

If only a portion of the real property acquired by a condemner is subject to the right of repurchase under ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415), the prior owner or beneficiary may acquire such portion for a price equal to the sum of:

(a)

The fair cash market value of the portion subject to the right of repurchase, as of the date of the commencement of any action subject to ORS 35.385 (Public purpose use required of condemner);

(b)

The damages for diminution in value of the remainder, if any, of the former owner’s property not so acquired, as of the date of the commencement of any action subject to ORS 35.385 (Public purpose use required of condemner); and

(c)

Interest at the rate of seven percent per year from the date of the conveyance of the real property by the prior owner to the condemner.

(4)

The offer to repurchase only a portion of real property as provided in subsection (1) of this section and ORS 35.400 (Designation of person to exercise right of repurchase) (3), shall be in writing and shall include the price for repurchase as determined by the condemner, including an itemization of the components thereof, pursuant to subsection (3) of this section. [1973 c.720 §3; 2003 c.14 §19]

Source: Section 35.390 — Effect of failure of condemner to use property as required; price of repurchase; form of offer of repurchase, 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