ORS 550.240
Eminent domain

(1)

Except as otherwise provided in this section, the exercise of the power of eminent domain by the urban flood safety and water quality district pursuant to ORS 550.230 (General powers of district) (4) shall be governed by ORS 35.015 (Prohibition on condemnation of certain properties with intent to convey property to private party) to 35.530 (Federal law controls).

(2)

The district’s authority to condemn property is limited to property located:

(a)

Within the managed floodplain; or

(b)

Outside the managed floodplain if the district board deems such property to be necessary for flood control within the managed floodplain.

(3)

The district’s authority to condemn property includes property already devoted to a public use, if acquisition of such property is required by regulations applicable to the district under federal law, is required by a federally mandated agreement between a federal agency and the district or is approved by the public body that owns the property.

(4)

If the district seeks to acquire by eminent domain all or a portion of property dedicated to open space under the land use regulations of a city or county, just compensation shall be determined based on the zoning designation applicable to the property immediately prior to the open space dedication. [2019 c.621 §10]

Source: Section 550.240 — Eminent domain, https://www.­oregonlegislature.­gov/bills_laws/ors/ors550.­html.

Green check means up to date. Up to date

Current through early 2024

§ 550.240’s source at oregon​.gov