reglab/housing_qa huggingface dataset:
OR Rev Stat § 35.215 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 035 - Eminent Domain; Public Acquisition of Property|Section 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. [1971 c.741 §4; 1983 c.327 §10; 2003 c.14 §18]
OR Rev Stat § 35.220 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 035 - Eminent Domain; Public Acquisition of Property|Section 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 condemner’s 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 property’s 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. [2003 c.477 §2]
OR Rev Stat § 35.235 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 035 - Eminent Domain; Public Acquisition of Property|Section 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. [1971 c.741 §6; 1973 c.579 §1]
OR Rev Stat § 35.245 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 035 - Eminent Domain; Public Acquisition of Property|Section 35.245 - Commencement of action; jurisdiction; parties.

(1) If the condemner is unable to agree with or locate the owner of the property under ORS 35.235, then an action to condemn property may be commenced in the circuit court of the county in which the property proposed to be condemned, or the greater portion thereof, is located. (2) An action may be commenced against the person in whose name the record title appears. There may be included as defendants any lessee or other person in possession and all other persons having or claiming an interest in the property. [1971 c.741 §7]
OR Rev Stat § 35.255 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 035 - Eminent Domain; Public Acquisition of Property|Section 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. [1971 c.741 §8; 1979 c.284 §75]
OR Rev Stat § 35.265 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 035 - Eminent Domain; Public Acquisition of Property|Section 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. [1971 c.741 §10; 2003 c.576 §236]
OR Rev Stat § 35.275 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 035 - Eminent Domain; Public Acquisition of Property|Section 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. [1971 c.741 §11]
OR Rev Stat § 35.285 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 035 - Eminent Domain; Public Acquisition of Property|Section 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. [1971 c.741 §12]
OR Rev Stat § 35.295 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 035 - Eminent Domain; Public Acquisition of Property|Section 35.295 - Defendant’s 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. [1971 c.741 §13]
OR Rev Stat § 35.305 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 035 - Eminent Domain; Public Acquisition of Property|Section 35.305 - Conduct of trial; defendant’s 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. [1971 c.741 §14; 1979 c.284 §76]
OR Rev Stat § 35.315 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 035 - Eminent Domain; Public Acquisition of Property|Section 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. [1971 c.741 §15; 2007 c.71 §11]
OR Rev Stat § 35.325 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 035 - Eminent Domain; Public Acquisition of Property|Section 35.325 - Effect of judgment; effect of payment under judgment.

Upon the assessment of the compensation by the jury, the court shall give judgment appropriating the property in question to the condemner, conditioned upon the condemner’s paying into court the compensation assessed by the jury; and, after the making of such payment, the judgment shall become effective to convey the property, and the right of possession thereof to the condemner if not previously acquired. [1971 c.741 §16]
OR Rev Stat § 35.335 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 035 - Eminent Domain; Public Acquisition of Property|Section 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. [1971 c.741 §17]
OR Rev Stat § 35.348 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 035 - Eminent Domain; Public Acquisition of Property|Section 35.348 - Immediate possession of property.

Notwithstanding ORS 35.346, if a condemner determines that an emergency that poses a threat to persons or property exists and that immediate possession of the property is necessary, the condemner may immediately file a condemnation action after making the written offer required under ORS 35.346 (1) accompanied by the appraisal or explanation required by ORS 35.346 (2). [1997 c.797 §3; 2003 c.476 §3; 2009 c.530 §2]
OR Rev Stat § 35.350 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 035 - Eminent Domain; Public Acquisition of Property|Section 35.350 - Immediate possession of property by public body.

This chapter does not affect the ability of a public body, as defined in ORS 174.109, to take immediate possession of property in an emergency that poses a threat to persons or property. [2005 c.565 §2]
OR Rev Stat § 35.355 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 035 - Eminent Domain; Public Acquisition of Property|Section 35.355 - Appeal.

Either party to the action may appeal from the judgment in like manner and with like effect as in ordinary cases, but the appeal shall not stay the proceedings so as to prevent the condemner from taking possession of the property and using it for the purposes for which it is being appropriated. In the event the defendant prevails on an appeal, the costs and disbursements of the defendant, including a reasonable attorney fee to be fixed by the court, shall be taxed by the clerk and recovered from the condemner. [1971 c.741 §19]
OR Rev Stat § 35.365 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 035 - Eminent Domain; Public Acquisition of Property|Section 35.365 - Effect of withdrawal of award; disposition of award.

If the defendant withdraws the compensation awarded by the court or jury, the defendant waives the right of appeal; and, if the defendant does not, such sum shall remain in the control of the court, to abide the event of the appeal. If an unknown owner of the property or other defendant does not appear and claim the sum, it shall be invested for the benefit of whom it may concern, as in case of unclaimed moneys in the sale and partition of lands. [1971 c.741 §20]
OR Rev Stat § 35.375 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 035 - Eminent Domain; Public Acquisition of Property|Section 35.375 - Chapter as exclusive condemnation proceeding; exception.

Except for procedures provided in ORS chapter 368, any action for the condemnation of property under the power of eminent domain shall be conducted according to this chapter. [1971 c.741 §3; 1979 c.873 §3; 1981 c.153 §52]
OR Rev Stat § 35.385 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 035 - Eminent Domain; Public Acquisition of Property|Section 35.385 - Public purpose use required of condemner; right of repurchase; specification of duration of public purpose use; effect.

(1) If real property is acquired by a condemner by agreement with the owner of such property after the adoption of a resolution or ordinance under ORS 35.235 (1) for the acquisition of the property but before entry of a judgment in a condemnation action under ORS 35.245, the condemner and the owner shall: (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 35.385 to 35.415; or (b) Specify that the right of repurchase of the real property has been waived by the owner and, in such case, not specify a period within which the real property must be used by the condemner for a public purpose. (2) If real property is acquired by a condemner under this chapter by judgment given in a condemnation action under ORS 35.325, the court shall: (a) Specify in the judgment a reasonable period within which the real property must be used by the condemner for a public purpose or specify a 10-year period, and provide that the right of repurchase may be exercised with respect to the real property as provided in ORS 35.385 to 35.415; or (b) Specify that the right of repurchase of the real property has been waived by the owner and, in such case, not specify a period within which the real property must be used by the condemner for a public purpose. (3) For the purposes of subsection (2)(a) of this section, the resolution or ordinance of the condemner is presumptive evidence that the period of time that is proposed by the condemner is a reasonable period in which the real property must be used by the condemner for a public purpose; provided, however, that if the resolution or ordinance specifies a 10-year period or less, neither the owner nor a designated beneficiary of the owner can contest the reasonableness of the period specified. (4) If real property is acquired by a condemner by agreement with the owner as described in subsection (1) of this section, and the agreement does not contain one of the provisions required by subsection (1)(a) or (b) of this section, the owner may repurchase the property, or any portion of the property, in the manner provided by ORS 35.385 to 35.415 if: (a) Ten years have expired since the date of the transfer of the property; and (b) The condemner has not used the property for a public purpose. (5) Subsection (4) of this section does not apply to real property acquired by a condemner for the purpose of constructing, improving or maintaining a transportation facility or system. [1973 c.720 §2; 2011 c.426 §1]
OR Rev Stat § 35.390 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 035 - Eminent Domain; Public Acquisition of Property|Section 35.390 - Effect of failure of condemner to use property as required; price of repurchase; form of offer of repurchase.

(1) If a condemner fails to use the real property or any portion thereof acquired under this chapter within the time specified in an agreement entered into under ORS 35.385 (1) or with the terms of a judgment given under ORS 35.325 and 35.385 (2), whichever applies, and the prior owner of the real property has not waived the right to repurchase the real property, the condemner shall offer such property or any portion thereof, that has not been used for a public purpose within the specified period, to the prior owner or the beneficiary of the prior owner designated as provided in ORS 35.400. The condemner shall, at its expense, insure the title to any property or portion thereof conveyed or vested in the owner or beneficiary under any provision of ORS 35.385 to 35.415, free and clear of any and all encumbrances except those subject to which the condemner originally took such property. (2) The prior owner or beneficiary described in subsection (1) of this section may repurchase from the condemner the real property that is subject to the right of repurchase for a price equal to the sum of the compensation and damages paid by the condemner for the real property plus interest at the rate of seven percent per year from the date of the conveyance of the real property by the prior owner to the condemner. (3) If only a portion of the real property acquired by a condemner is subject to the right of repurchase under ORS 35.385 to 35.415, the prior owner or beneficiary may acquire such portion for a price equal to the sum of: (a) The fair cash market value of the portion subject to the right of repurchase, as of the date of the commencement of any action subject to ORS 35.385; (b) The damages for diminution in value of the remainder, if any, of the former owner’s property not so acquired, as of the date of the commencement of any action subject to ORS 35.385; and (c) Interest at the rate of seven percent per year from the date of the conveyance of the real property by the prior owner to the condemner. (4) The offer to repurchase only a portion of real property as provided in subsection (1) of this section and ORS 35.400 (3), shall be in writing and shall include the price for repurchase as determined by the condemner, including an itemization of the components thereof, pursuant to subsection (3) of this section. [1973 c.720 §3; 2003 c.14 §19]