Eminent Domain

ORS 35.575
Precondemnation compensation not required

ORS 35.550 (Definitions for ORS 35.550 to 35.575) to 35.575 (Precondemnation compensation not required) do not require the state to make or tender compensation prior to condemning and taking possession of the lands or property. [Formerly 281.260]
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