Eminent Domain

ORS 35.550
Definitions for ORS 35.550 to 35.575

As used in ORS 35.550 (Definitions for ORS 35.550 to 35.575) to 35.575 (Precondemnation compensation not required):


“Property” means real property, water, watercourses, and water and riparian rights, or any right or interest therein.


“Board” means:


The state board of commissioners, trustees, or other state board, having direction of the state department or institution for which the property is desired; or


The Department of State Lands, if there is no other state board for the department or institution for which the property is sought to be acquired. [Formerly 281.210]

(formerly 281.210)

Notes of Decisions

the Status of Personalty As A Fixture Depends Upon

1) annexation to the realty; 2) adaptation to the use or purpose of the realty; and 3) objective intention of the annexor. Highway Comm. v. Empire Bldg., 17 Or App 616, 523 P2d 584 (1974), Sup Ct review denied

Chapter 35

Notes of Decisions

Replacement value of property should not be considered unless property is unique or unless property taken performs legally necessary function. State Bd. of Higher Educ. v. First Methodist Church, 6 Or App 492, 488 P2d 835 (1971)

Occupation of land by condemner during eminent domain proceedings does not constitute waiver by condemner of its right to abandon such proceedings. Port of Newport v. Haydon, 10 Or App 271, 498 P2d 825 (1972)

Organization of property owners adjoining automobile raceway did not show in challenging city's grant of noise ordinance variance to raceway that it utilized eminent domain procedures established by state law. Citizen's Ass'n. of Portland v. Intern. Raceways, 833 F2d 763 (1987)

Law Review Citations

8 WLJ 261-268 (1972); 85 OLR 1063 (2006)


Last accessed
Jun. 26, 2021