ORS 35.510
Duties of public entities acquiring real property

Whenever any program or project is undertaken by a public entity which program or project will result in the acquisition of real property, notwithstanding any other statute, charter, ordinance, or rule or regulation, the public entity shall:

(1)

Provide fair and reasonable relocation payments and assistance to or for displaced persons as provided under sections 202, 203, 204 and 206 of the Federal Act;

(2)

Provide relocation assistance programs offering to displaced persons and others occupying property immediately adjacent to the real property acquired the services described in section 205 of the Federal Act on the conditions prescribed therein;

(3)

In acquiring the real property, be guided by the land acquisition policies in sections 301 and 302 of the Federal Act;

(4)

Pay or reimburse property owners for necessary expenses as specified in sections 303 and 304 of the Federal Act;

(5)

Share costs of providing payments and assistance with the federal government in the manner and to the extent required by sections 211 (a) and (b) of the Federal Act; and

(6)

Appoint such officers, enter into such contracts, utilize federal funds for planning and providing comparable replacement housing and take such other actions as may be necessary to comply with the conditions and requirements of the Federal Act. [Formerly 281.060]

Source: Section 35.510 — Duties of public entities acquiring real property, https://www.­oregonlegislature.­gov/bills_laws/ors/ors035.­html.

Notes of Decisions

In determining just compensation for taking of land, improvements and fixtures, even if it was error for trial court to submit question of removal value of tenants’ fixtures to jury, it was harmless where jury found there was no removal value. City of Portland v. Nudelman, 45 Or App 425, 608 P2d 1190 (1980), Sup Ct review denied

Term “will result in the acquisition of real property” of this section indicates a legislative concern with something more than rental of modest amount of office space. Shepard v. Dept. of Community Corrections, 293 Or 191, 646 P2d 1322 (1982)

Court erred in requiring city to take fee title to two separate properties where “uneconomic remnant” theory was not clearly applicable because easement, rather than fee, was taken and even if theory did apply, remnants were not valueless. City of Lake Oswego v. Babson, 97 Or App 408, 776 P2d 870 (1989), Sup Ct review denied

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

§ 35.510’s source at oregon​.gov