ORS 35.395
Change in period of use

  • notice
  • effect of failure to agree on change
  • review by court

(1)

The period specified in an agreement or judgment as provided in ORS 35.385 (Public purpose use required of condemner) may be changed as provided in this section, if the prior owner of the real property has not waived the right of repurchase and the condemner finds that it will be unable to use all or a portion of the real property for such purpose within the specified period and requires a reasonable extension of such period for the completion of its project on the real property.

(2)

Upon a finding under subsection (1) of this section, a condemner shall notify the prior owner or designated beneficiary of the requested change in period. The condemner shall negotiate with the prior owner or beneficiary on the requested change.

(a)

Notification under this subsection shall consist of mailing a letter by certified mail to the last address of the prior owner or the designated beneficiary of the owner as shown in the agreement or judgment whereby the real property was acquired or the address subsequently supplied by such owner or beneficiary. If no response has been received by the condemner within 60 days after receipt of notice by the owner or designated beneficiary, all the rights of the owner or designated beneficiary under ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415) shall be considered waived.

(b)

If the condemner cannot locate the prior owner or the designated beneficiary of the owner at the last-known address of the owner or the designated beneficiary, notice may be effected by publication. The publication shall be made in a newspaper published in the county where the property is located, or if no newspaper is published in the county, then in a newspaper designated as being most likely to give notice to the prior owner or the beneficiary of the prior owner. The newspaper utilized shall meet the requirements of ORS 193.020 (Newspaper in which public notice may be published). The notice shall contain the name of the public project, a general description of the location of the property, the change in purpose or extension of time desired by the condemner and a time within which the owner or the beneficiary of the owner must respond to the notice. The notice shall be published not less than once each week for four weeks. The publication of notice may be directed to one or more owners or beneficiaries affected by the same project. If no response is received by the condemner within 10 days after the date of the last publication of notice, all rights of the prior owner or designated beneficiary shall be considered waived.

(3)

If, after negotiation, the prior owner or beneficiary and the condemner agree on the proposed change in period, the period as changed shall, for the purposes of ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415), be considered the period as specified in the agreement or judgment under ORS 35.385 (Public purpose use required of condemner). In the case of real property acquired by a condemner by judgment under ORS 35.325 (Effect of judgment), the condemner shall notify the court by which the judgment was given of the agreed upon change in period and the court shall modify such judgment accordingly.

(4)

If the prior owner or beneficiary and the condemner cannot, after negotiation, agree on the proposed change in period, the condemner may:

(a)

In the case of real property acquired by an agreement under ORS 35.235 (Agreement for compensation) (1), petition the circuit court for the county within which such real property is situated for a hearing to determine whether the proposed change in period is reasonable and necessary in the public interest; or

(b)

In the case of real property acquired by a judgment given under ORS 35.325 (Effect of judgment), petition the court by which such judgment was given for a hearing to determine whether it is reasonable and necessary in the public interest to modify such judgment to permit the proposed change in period. The condemner in its petition may include as parties and serve all or any owners and designated beneficiaries whose property is affected by the same project.

(5)

If, after a hearing under subsection (4) of this section, the court finds that the proposed change in period is reasonable and necessary in the public interest, the court shall grant such change. For the purposes of ORS 35.385 (Public purpose use required of condemner) to 35.415 (Application of ORS 35.385 to 35.415), a period as changed by the court shall be considered the period specified in the agreement or judgment described in ORS 35.385 (Public purpose use required of condemner). For the purposes of this subsection, the resolution or ordinance of the condemner is presumptive evidence that the change in period proposed by the condemner is reasonable and necessary in the public interest.

(6)

If, after a hearing under subsection (4) of this section, the court finds that the proposed change in period is unreasonable or not necessary in the public interest, the court shall deny the requested change. In such case, the terms of the original agreement or judgment shall control for the purpose of the exercise of 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). [1973 c.720 §4]

Source: Section 35.395 — Change in period of use; notice; effect of failure to agree on change; review by court, 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
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