Oregon Law
Law as of Jan 1, 2024
Chapter contents
35.010[Repealed by 1971 c.741 §38] 35.015Prohibition on condemnation of certain properties with intent to convey property to private party; exceptions 35.018Severability 35.020[Repealed by 1971 c.741 §38] 35.030[Repealed by 1971 c.741 §38] 35.040[Amended by 1967 c.479 §1; repealed by 1971 c.741 §38] 35.050[Repealed by 1971 c.741 §38] 35.060[Repealed by 1971 c.741 §38] 35.070[Amended by 1967 c.479 §2; repealed by 1971 c.741 §38] 35.080[Repealed by 1971 c.741 §38] 35.085[1967 c.479 §§4,5; repealed by 1971 c.741 §38] 35.090[Repealed by 1971 c.741 §38] 35.100[Repealed by 1971 c.741 §38] 35.105[1967 c.479 §6; repealed by 1971 c.741 §38] 35.110[Repealed by 1971 c.741 §38] 35.120[Repealed by 1971 c.741 §38] 35.130[Repealed by 1971 c.741 §38] 35.140[Repealed by 1971 c.741 §38] 35.205Short title 35.215Definitions for chapter 35.220Precondemnation entry on real property 35.225[1971 c.741 §5; repealed by 1979 c.284 §199] 35.235Agreement for compensation; status of resolution or ordinance of public condemner; status of action of private condemner; agreement effort not prerequisite 35.245Commencement of action; jurisdiction; parties 35.255Content of complaint 35.265Advance deposit by public condemner requiring immediate possession; effect on interest otherwise allowable 35.275Advance occupancy by private condemner; hearing; deposit or bond; effect of size of bond or deposit on amount of just compensation 35.285Distribution of deposits; effect of withdrawal on appeal 35.295Defendant’s answer 35.300Offer of compromise 35.305Conduct of trial; defendant’s option; jury argument; neither side has burden of proof of just compensation 35.315View of property by order of court 35.325Effect of judgment; effect of payment under judgment 35.335Effect of condemner’s abandonment of action 35.345[1971 c.741 §18; repealed by 1973 c.617 §1 (35.346 enacted in lieu of 35.345)] 35.346Offer to purchase required before filing action for condemnation; appraisal; arbitration; when costs and disbursements allowed 35.348Immediate possession of property 35.350Immediate possession of property by public body 35.352Notice of immediate possession of property by public condemner; objection 35.355Appeal 35.365Effect of withdrawal of award; disposition of award 35.375Chapter as exclusive condemnation proceeding; exception 35.385Public purpose use required of condemner; right of repurchase; specification of duration of public purpose use; effect 35.390Effect of failure of condemner to use property as required; price of repurchase; form of offer of repurchase 35.395Change in period of use; notice; effect of failure to agree on change; review by court 35.400Designation of person to exercise right of repurchase; effect of failure to designate; offer to repurchase; acceptance; notice; determination of price 35.405Designation of person to exercise right of repurchase by multiple owners 35.410Right to contest change in public purpose use; notice of proposed change 35.415Application of ORS 35.385 to 35.415 35.500Definitions for ORS 35.500 to 35.530 35.505Relocation within neighborhood; notice prior to move; costs and allowances 35.510Duties of public entities acquiring real property 35.515Required disclosures for business and farm operations 35.520Decision on benefits; hearing; review 35.525Construction 35.530Federal law controls 35.550Definitions for ORS 35.550 to 35.575 35.555Determination of necessity; suit by Attorney General 35.560Action by district attorney 35.565Procedure for condemnation 35.570Payment of expenses of proceeding, value and damages 35.575Precondemnation compensation not required 35.600Application 35.605Authorization to acquire adjoining property for roadways 35.610Ordinance or resolution required 35.615Restrictions on future use of property acquired adjacent to roadway 35.620Acquisition of land adjoining road boundaries declared necessary 35.625Procedure to ascertain compensation and damages

Chapter 35 — Eminent Domain; Public Acquisition of Property

ORS 35.335 Effect of condemner’s abandonment of action

(1)

If an action is abandoned by the condemner, the court shall enter judgment in favor of the defendant for costs and disbursements in the action and for reasonable attorney fees and reasonable expenses as determined by the court.

(2)

Expenses mean costs of appraisals and fees for experts incurred in preparing and conducting the defense to the action.

(3)

An action is considered abandoned if, at any time after filing a complaint, the case is dismissed or terminated or the condemner files an election not to take the property. If an election is not filed within 60 days after the verdict, the condemner is considered to have elected to take the property.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.