justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 15 — Choice of Laws

ORS 15.420. Determining domicile. For the purposes of ORS 15.400 to 15.460: (1)(a) The domicile of a natural person is in the state in which the person resides with the intent to make it the persons home for an indefinite period of time. (b) A domicile once established continues until it is superseded by the acquisition of a new domicile. If a persons intent to change domicile is legally ineffective, the previously established domicile continues to be the persons domicile. (c) If a persons intent to have a domicile in a given state would be legally effective but cannot be ascertained, the state in which the person resides is the persons domicile, and if the person resides in more than one state, the residence state that has the most pertinent connection to the disputed issue is deemed to be the domicile with regard to that issue. (2) The domicile of a person other than a natural person is located in the state in which the person maintains its principal place of business. If the dispute arises from activities directed from another state in which the person maintains a place of business other than the principal place of business, either state may be considered as the domicile at the choice of the other party. (3) The domicile of a person is determined as of the date of the injury for which the noncontractual claim is made. [Formerly 31.865] (Claims Governed by Oregon Law)
ORS Chapter 15 — Choice of Laws

ORS 15.430. Claims governed by Oregon law. Notwithstanding ORS 15.440, 15.445 and
ORS Chapter 15 — Choice of Laws

ORS 15.435. Product liability civil actions. (1) Notwithstanding ORS 15.440 and
ORS Chapter 15 — Choice of Laws

ORS 15.440. General rules. (1) Noncontractual claims between an injured person and the person whose conduct caused the injury are governed by the law of the state designated in this section. (2)(a) If the injured person and the person whose conduct caused the injury were domiciled in the same state, the law of that state governs. However, the law of the state in which the injurious conduct occurred determines the standard of care by which the conduct is judged. If the injury occurred in a state other than the one in which the conduct occurred, the provisions of subsection (3)(c) of this section apply. (b) For the purposes of this section, persons domiciled in different states shall be treated as if domiciled in the same state to the extent that laws of those states on the disputed issues would produce the same outcome. (3) If the injured person and the person whose conduct caused the injury were domiciled in different states and the laws of those states on the disputed issues would produce a different outcome, the law of the state designated in this subsection governs. (a) If both the injurious conduct and the resulting injury occurred in the same state, the law of that state governs if either the injured person or the person whose conduct caused the injury was domiciled in that state. (b) If both the injurious conduct and the resulting injury occurred in a state other than the state in which either the injured person or the person whose conduct caused the injury were domiciled, the law of the state of conduct and injury governs. If a party demonstrates that, under the circumstances of the particular case, the application of that law to a disputed issue will not serve the objectives of that law, that issue will be governed by the law selected under ORS 15.445. (c) If the injurious conduct occurred in one state and the resulting injury in another state, the law of the state of conduct governs. However, the law of the state of injury governs if: (A) The activities of the person whose conduct caused the injury were such as to make foreseeable the occurrence of injury in that state; and (B) The injured person formally requests the application of that states law by a pleading or amended pleading. The request shall be deemed to encompass all claims and issues against that defendant. (4) If a party demonstrates that application to a disputed issue of the law of a state other than the state designated by subsection (2) or (3) of this section is substantially more appropriate under the principles of ORS 15.445, that issue is governed by the law of the other state. [Formerly 31.875]
ORS Chapter 15 — Choice of Laws

ORS 15.445. ORS 30.900, if: (a) The injured person was domiciled in Oregon and the injury occurred in Oregon; or (b) The injured person was domiciled in Oregon or the injury occurred in Oregon, and the product: (A) Was manufactured or produced in Oregon; or (B) Was delivered when new for use or consumption in Oregon. (2) Subsection (1) of this section does not apply to a product liability civil action if a defendant demonstrates that the use in Oregon of the product that caused the injury could not have been foreseen and that none of the defendants products of the same type were available in Oregon in the ordinary course of trade at the time of the injury. (3) If a party demonstrates that the application of the law of a state other than Oregon to a disputed issue is substantially more appropriate under the principles of ORS 15.445, that issue shall be governed by the law of the other state. (4) All noncontractual claims or issues in product liability civil actions not provided for or not disposed of under this section are governed by the law of the state determined under ORS 15.445. [Formerly 31.872] (Choice of Law)
ORS Chapter 15 — Choice of Laws

ORS 15.450. issue or issues falling within the scope of ORS 15.400 to 15.460 will be governed by the law of a state other than Oregon is enforceable in Oregon if the agreement was entered into after the parties had knowledge of the events giving rise to the dispute. [Formerly 31.885]
ORS Chapter 15 — Choice of Laws

ORS 15.455. (1) Actions in which, after the events giving rise to the dispute, the parties agree to the application of Oregon law. (2) Actions in which none of the parties raises the issue of applicability of foreign law. (3) Actions in which the party or parties who rely on foreign law fail to assist the court in establishing the relevant provisions of foreign law after being requested by the court to do so. (4) Actions filed against a public body of the State of Oregon, unless the application of Oregon law is waived by a person authorized by Oregon law to make the waiver on behalf of the public body. (5) Actions against an owner, lessor or possessor of land, buildings or other real property situated in Oregon that seek to recover for, or to prevent, injury on that property and arising out of conduct that occurs in Oregon. (6) Actions between an employer and an employee who is primarily employed in Oregon that arise out of an injury that occurs in Oregon. (7) Actions for professional malpractice arising from services rendered entirely in Oregon by personnel licensed to perform those services under Oregon law. (8)(a) Actions against a provider of reproductive health care or gender-affirming treatment, as those terms are defined in ORS 24.500, if the reproductive health care or gender-affirming treatment at issue was provided in this state. (b) Actions against a patient receiving reproductive health care or gender-affirming treatment if the reproductive health care or gender-affirming treatment at issue was received in this state. (c) Actions against any person who provides aid, assistance, resources or support to a person in providing or receiving reproductive health care or gender-affirming treatment in this state.
ORS Chapter 15 — Choice of Laws

ORS 15.460. Commentary. The Oregon Law Commission shall make available on the website maintained by the commission a copy of the commentary approved by the commission for the provisions of ORS 15.400 to 15.460. [Formerly 31.890] _______________
ORS Chapter 35 — Eminent Domain; Public

ORS 35.010. [Repealed by 1971 c.741 38] LIMITATION OF CONDEMNATION POWER
ORS Chapter 35 — Eminent Domain; Public

ORS 35.015. Prohibition on condemnation of certain properties with intent to convey property to private party; exceptions. (1) Except as otherwise provided in this section, a public body as defined in ORS 174.109 may not condemn private real property used as a residence, business establishment, farm or forest operation if at the time of the condemnation the public body intends to convey fee title to all or a portion of the real property, or a lesser interest than fee title, to another private party. (2) Subsection (1) of this section does not apply to condemnation of: (a) Improved or unimproved real property that constitutes a danger to the health or safety of the community by reason of contamination, dilapidated structures, improper or insufficient water or sanitary facilities, or any combination of these factors; (b) Any timber, crops, topsoil, gravel or fixtures to be removed from the real property being condemned; or (c) Real property condemned for maintenance, improvement, or construction of transportation facilities, transportation systems, utility facilities or utility transmission systems. (3) Subsection (1) of this section does not prohibit a public body from leasing a portion of a public facility to a privately owned business for the provision of retail services designed primarily to serve the patrons of the public facility. (4) A public body as defined in ORS 174.109 may at any time publish notice that the public body intends to consider condemnation of a lot or parcel. If the public body publishes notice under this subsection, subsection (1) of this section does not apply for such time necessary to provide the public body reasonable opportunity to condemn the property, if the lot or parcel is conveyed by the owner of the lot or parcel to another private party after the notice is published, but prior to the time the property is condemned. (5) Subsection (1) of this section does not affect the ability of a public body as defined in ORS 174.109 to make a conveyance of a nonpossessory interest in condemned property for the purpose of financing acquisition of the property. (6) A court shall independently determine whether a taking of property complies with the requirements of this section, without deference to any determination made by the public body. If a court determines that a taking of property does not comply with the requirements of this section, the owner of the lot or parcel that is the subject of the condemnation proceeding shall be entitled to reasonable attorney fees, expenses, costs and other disbursements reasonably incurred to defend against the proposed condemnation.
ORS Chapter 35 — Eminent Domain; Public

ORS 35.018. enacted into law but was not added to or made a part of ORS chapter 35 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation. Note: Legislative Counsel has substituted chapter 1, Oregon Laws 2007, for the words this 2006 Act in section 3, chapter 1, Oregon Laws 2007, compiled as 35.018. Specific ORS references have not been substituted, pursuant to 173.160. The sections for which substitution otherwise would be made may be determined by referring to the 2007 Comparative Section Table located in Volume 22 of ORS.
ORS Chapter 35 — Eminent Domain; Public

ORS 35.020. [Repealed by 1971 c.741 38]
ORS Chapter 35 — Eminent Domain; Public

ORS 35.030. [Repealed by 1971 c.741 38]
ORS Chapter 35 — Eminent Domain; Public

ORS 35.040. [Amended by 1967 c.479 1; repealed by 1971 c.741 38]
ORS Chapter 35 — Eminent Domain; Public

ORS 35.050. [Repealed by 1971 c.741 38]
ORS Chapter 35 — Eminent Domain; Public

ORS 35.060. [Repealed by 1971 c.741 38]
ORS Chapter 35 — Eminent Domain; Public

ORS 35.070. [Amended by 1967 c.479 2; repealed by 1971 c.741 38]
ORS Chapter 35 — Eminent Domain; Public

ORS 35.080. [Repealed by 1971 c.741 38]
ORS Chapter 35 — Eminent Domain; Public

ORS 35.085. [1967 c.479 4,5; repealed by 1971 c.741 38]
ORS Chapter 35 — Eminent Domain; Public

ORS 35.090. [Repealed by 1971 c.741 38]
ORS Chapter 35 — Eminent Domain; Public

ORS 35.100. [Repealed by 1971 c.741 38]
ORS Chapter 35 — Eminent Domain; Public

ORS 35.110. [Repealed by 1971 c.741 38]
ORS Chapter 35 — Eminent Domain; Public

ORS 35.120. [Repealed by 1971 c.741 38]
ORS Chapter 35 — Eminent Domain; Public

ORS 35.130. [Repealed by 1971 c.741 38]
ORS Chapter 35 — Eminent Domain; Public

ORS 35.140. [Repealed by 1971 c.741 38] PROCEDURE
ORS Chapter 35 — Eminent Domain; Public

ORS 35.205. Short title. This chapter may be cited as the General Condemnation Procedure Act.
ORS Chapter 35 — Eminent Domain; Public

ORS 35.215. Definitions for chapter. As used in this chapter, unless the context otherwise requires: (1) Condemner means the state, any city, county, school district, municipal or public corporation, political subdivision or any instrumentality or any agency thereof or a private corporation that has the power to exercise the right of eminent domain. (2) Owner or owner of the property means the owner of property. (3) Person means person as defined by ORS 174.100 and also includes the state, any city, county, school district, municipal or public corporation, political subdivision or any instrumentality or any agency thereof. (4) Private condemner means a private corporation that has the power to exercise the right of eminent domain. (5) Property means real or personal property or any interest therein of any kind or nature that is subject to condemnation. (6) Public condemner means condemner other than private condemner.
ORS Chapter 35 — Eminent Domain; Public

ORS 35.220. Precondemnation entry on real property. (1) Subject to the requirements of this section, a condemner may enter upon, examine, survey, conduct tests upon and take samples from any real property that is subject to condemnation by the condemner. A condemner may not enter upon any land under the provisions of this section without first attempting to provide actual notice to the owner or occupant of the property. If the condemner has not provided actual notice, written notice must be posted in a conspicuous place where the notice is most likely to be seen. The posted notice must give the condemners name, address and telephone number and the purpose of the entry. A condemner may conduct tests upon or take samples from real property only with the consent of the owner or pursuant to an order entered under subsection (2) of this section. All testing and sampling must be done in conformity with applicable laws and regulations. Testing and sampling results shall be provided to the owner upon request. (2) If the owner of property objects to examination or survey of the property under this section, or does not consent to the terms and conditions for testing or sampling of the property, the condemner may file a petition with the court seeking an order providing for entry upon the property and allowing such examination, survey, testing or sampling as may be requested by the condemner. The court may enter an order establishing reasonable terms and conditions for entry and for any examination, survey, testing or sampling of the property requested by the condemner. Reasonable compensation for damage or interference under subsection (3) of this section may be established in the proceeding either before or after entry is made upon the property by the condemner. (3) An owner is entitled to reasonable compensation for: (a) Any physical damage caused to the property by the entry upon or examination, survey, testing or sampling of the property, including any damage attributable to the diffusion of hazardous substances found on the property; and (b) Any substantial interference with the propertys possession or use caused by the entry upon or examination, survey, testing or sampling of the property. (4) If a condemner is required to pay compensation to an owner in a proceeding under subsection (2) of this section, and the condemner thereafter seeks condemnation of the same property, the owner is not entitled to any payment of compensation in the condemnation action that would result in the owner receiving a second recovery for the same damage or interference. (5) Nothing in this section affects any liability under any other provision of law that a condemner may have to an owner or occupant of property by reason of entry upon or examination, survey, testing or sampling of property.
ORS Chapter 35 — Eminent Domain; Public

ORS 35.235. Agreement for compensation; status of resolution or ordinance of public condemner; status of action of private condemner; agreement effort not prerequisite. (1) Subject to ORS 758.015 and 836.050, whenever in the judgment of the condemner it is necessary to acquire property for a purpose for which the condemner is authorized by law to acquire property, the condemner shall, after first declaring by resolution or ordinance such necessity and the purpose for which it is required, attempt to agree with the owner with respect to the compensation to be paid therefor, and the damages, if any, for the taking thereof. (2) The resolution or ordinance of a public condemner is presumptive evidence of the public necessity of the proposed use, that the property is necessary therefor and that the proposed use, improvement or project is planned or located in a manner which will be most compatible with the greatest public good and the least private injury. (3) The commencement of an action to condemn property by a private condemner creates a disputable presumption of the necessity of the proposed use, that the property is necessary therefor and that the proposed use, improvement or project is planned or located in a manner which will be most compatible with the greatest public good and the least private injury. (4) The question of the validity of the disputable presumptions created in subsection (3) of this section, if raised, shall be determined by the court in a summary proceeding prior to trial. (5) It is not a prerequisite to the exercise of the right of eminent domain by the condemner to attempt first to agree with an owner or to allege or prove any effort to agree with such owner as to reasonable value, when such owner is at the time concealed within the state or, after reasonable effort by condemner, cannot be found within the state.
ORS Chapter 35 — Eminent Domain; Public

ORS 35.245. (a) Specify in such agreement for the real property a reasonable period within which the real property must be used by the condemner for a public purpose or specify a 10-year period for such use and provide that the right of repurchase of the real property or any portion thereof may be exercised as provided in ORS
ORS Chapter 35 — Eminent Domain; Public

ORS 35.255. Content of complaint. The complaint shall describe the property sought to be condemned and shall allege the true value of the property sought and the damage, if any, resulting from the appropriation thereof.
ORS Chapter 35 — Eminent Domain; Public

ORS 35.265. Advance deposit by public condemner requiring immediate possession; effect on interest otherwise allowable. (1) When a public condemner commences an action for the condemnation of property and immediate possession of the property is considered necessary by the public condemner, a fund shall be created in the amount estimated to be the just compensation for the property and placed in the hands of the treasurer of the public condemner for deposit with the clerk of the court wherein the action was commenced, for the use of the defendants in the action. (2) When the public condemner is a state agency and immediate possession of property is considered necessary by the agency, the agency shall certify to such facts and authorize an advancement out of funds available to the agency of the amount estimated by the agency to be just compensation for the property. Upon such certification and authorization, a warrant shall be drawn in favor of the clerk of the court in the amount authorized. (3) Upon the deposit in court by the public condemner of the estimated amount of just compensation as provided by subsections (1) and (2) of this section, no interest shall be allowed thereon in the judgment.
ORS Chapter 35 — Eminent Domain; Public

ORS 35.275. Advance occupancy by private condemner; hearing; deposit or bond; effect of size of bond or deposit on amount of just compensation. (1) At any time after an action is commenced to acquire any property, a private condemner may apply to the court for an order to occupy the property to be condemned and to make use of the property for the purposes for which it is being appropriated. (2) At the hearing on the motion, the court shall determine the reasons for requiring a speedy occupation. The court shall grant the motion if, giving consideration to the public interest involved, it finds that the interests of the owners will be adequately protected. The court may make such provisions or orders as necessary, so that the advance taking or an advance payment, as provided by subsection (3) of this section, will not be prejudicial to either party. (3)(a) If an order to occupy the property is granted, it may also require the private condemner to deposit with the court either such sum as the court finds reasonable on account of just compensation to be awarded or to deposit a surety bond in an amount and with such surety as the court may approve. The surety bond shall be conditioned to the effect that the private condemner shall pay to the owners of the property just compensation for the property taken or restitution, if any, and costs, disbursements and reasonable attorney fees as finally determined. (b) After an order to occupy is entered, if it appears necessary in order to protect the interests of the owners of the property, the court at any time may require the private condemner to deposit with the court an additional bond or sum on account of just compensation to be awarded. (c) Evidence as to the finding of the court regarding the amount of such bond or deposit shall not be admissible at the trial of just compensation.
ORS Chapter 35 — Eminent Domain; Public

ORS 35.285. Distribution of deposits; effect of withdrawal on appeal. (1) The court may distribute all or any part of the funds deposited by a condemner to the persons entitled thereto for or on account of the just compensation to be awarded in the action, upon such terms and conditions as may appear just and reasonable. (2) Any persons entitled to withdraw any or all of the deposit, as provided by subsection (1) of this section, may do so at any time without waiving rights of appeal provided by ORS 35.355.
ORS Chapter 35 — Eminent Domain; Public

ORS 35.295. Defendants answer. The defendant in answer may set forth any legal defense the defendant may have to the condemnation. The defendant shall also allege the true value of the property and the damage, if any, resulting from the appropriation thereof.
ORS Chapter 35 — Eminent Domain; Public

ORS 35.305. Conduct of trial; defendants option; jury argument; neither side has burden of proof of just compensation. (1) Evidence shall be received and the trial conducted in the order and manner prescribed for a civil action in the circuit court, except that the defendant shall have the option of proceeding first or last in the presentation of evidence, if notice of such election is filed with the court and served on the condemner at least seven days prior to the date set for trial. If no notice of election is filed, the condemner shall proceed first in the presentation of evidence. Unless the case is submitted by both sides to the jury without argument, the party who presents evidence first shall also open and close the argument to the jury. (2) Condemner and defendant may offer evidence of just compensation, but neither party shall have the burden of proof of just compensation.
ORS Chapter 35 — Eminent Domain; Public

ORS 35.315. View of property by order of court. If motion is made by either party before the formation of the jury, the court shall order a view of the property in question. Upon the return of the jury, the evidence of the parties may be heard and the verdict of the jury given.