ORS 772.405
Condemnation by corporations for reduction of ores

(1)

Every corporation organized for the construction and operation of mills, smelters and other works for the reduction of ores authorized to do business within the state may condemn lands and property for the discharge and natural distribution of smoke, fumes and dust from such works in the manner provided by ORS chapter 35.

(2)

The use of lands by such corporation for the purpose of the discharge and natural distribution of smoke, fumes and dust from any such mill, smelter or other works for the reduction of ores, under the conditions prescribed in this section hereby is declared to be a public use.

(3)

The right of eminent domain shall not be exercised by such corporation:

(a)

Beyond a radius of four miles from such mill, smelter or other works for the reduction of ores.

(b)

On any land situated within a radius of five miles of the corporate limits of any city in the state.

(c)

Until after such corporation has acquired the right to use 50 percent of the area of the lands within a radius of four miles from the mill, smelter or other works for the reduction of ores.

Source: Section 772.405 — Condemnation by corporations for reduction of ores, https://www.­oregonlegislature.­gov/bills_laws/ors/ors772.­html.

772.010
Right of entry for survey of proposed right of way 772.015
Condemnation of lands for rights of way and necessary facilities 772.020
Condemnation of additional land for railway purposes 772.025
Approval of railroad crossing, intersection or connection 772.030
Condemnation of right of way through canyon or pass for joint use by railroads 772.035
Acquisition of water rights by corporations for canal, irrigation, domestic or stock purposes 772.040
Condemnation rights of pipe corporations 772.045
Right to cut timber and build aqueducts 772.050
Condemnation of riparian rights and for reservoirs 772.055
Condemnation procedure 772.060
Condemnation rights for change of grade or location of railway, canal or pipes 772.065
Appropriation of county road or property in lieu thereof by agreement with county court 772.070
Procedure on dispute between county and corporation 772.105
Authority to appropriate 772.205
Definitions for ORS 772.210 and 772.215 772.210
Right of entry and condemnation of lands for construction of service facilities 772.215
Appropriation of public lands 772.305
Condemnation of right of way for drainage or irrigation 772.310
Right to enlarge existing irrigation system 772.405
Condemnation by corporations for reduction of ores 772.410
Right of entry and condemnation by mining, quarrying and lumber corporations 772.415
Public benefit and use of facilities constructed under ORS 772.410 772.420
Condemnation for transportation of minerals 772.505
Definitions for ORS 772.505 to 772.520 772.510
Right of entry and condemnation by pipeline companies 772.515
Regulation concerning location of facilities 772.520
Resolution showing route and termini of pipeline 772.610
Definitions for ORS 772.610 to 772.625 772.615
Condemnation for underground reservoirs 772.620
Placement of pipeline facilities 772.625
Resolution showing proposed route and termini of pipeline
Green check means up to date. Up to date

Current through early 2024

§ 772.405’s source at oregon​.gov