reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 034 - Writs › Section 34.630 - Proceedings where commitment for criminal offense is legal, or party probably is guilty.

If it appears that the party has legally been committed for a criminal offense, or if the party appears by the testimony offered with the return, or upon the hearing thereof, probably to be guilty of such offense, although the commitment is irregular, the party shall forthwith be remanded to the custody or placed under the restraint from which the party was taken, if the officer or person under whose custody or restraint the party was, is legally entitled thereto; if not so entitled, the party shall be committed to the custody of the officer or person so entitled.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 034 - Writs › Section 34.650 - Notice to third persons.

When it appears from the return that the party named therein is in custody on an order or process under which another person has an interest in continuing imprisonment or restraint of the party, no order shall be made for discharge of the party until it shall appear that the party so interested, or the attorney of the party so interested has had notice of the time and place at which the writ has been made returnable.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 034 - Writs › Section 34.660 - Notice to district attorney.

When it appears from the return that the party is imprisoned or restrained on a criminal accusation, the court or judge shall make no order for the discharge of the party until notice of the return is given to the district attorney of the county where the party is imprisoned or restrained.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 034 - Writs › Section 34.670 - Replication following return; hearing.

The plaintiff in the proceeding, on the return of the writ, may, by replication, signed as in an action, controvert any of the material facts set forth in the return, or the plaintiff may allege therein any fact to show, either that imprisonment or restraint of the plaintiff is unlawful, or that the plaintiff is entitled to discharge. Thereupon the court or judge shall proceed in a summary way to hear such evidence as may be produced in support of or against the imprisonment or restraint, and to dispose of the party as the law and justice of the case may require. [Amended by 1979 c.284 §73; 2005 c.22 §28]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 034 - Writs › Section 34.680 - Motion to deny petition; motion to strike; controverting replication; time to plead; construction and effect of pleadings.

(1) The defendant may, before the writ issues, move to deny the petition on the grounds that the petition fails to state a claim for habeas corpus relief. The defendant may, at any time after the writ issues, move to dismiss the writ on the grounds that the pleadings, including the petition, the return, the replication, if any, and any supporting evidence, demonstrate that plaintiff has failed to state or establish a claim for habeas corpus relief.
(2) The plaintiff may move to strike the return or any allegation or defense in the return. The defendant may move to strike the replication or any new matter in the replication, or by proof controvert the same, as upon a direct denial or avoidance.
(3) The return and replication shall be made within such time as the court or judge shall direct, and the petition, return and replication shall be construed and have the same effect as in an action. [Amended by 1979 c.284 §74; 1991 c.884 §8]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 034 - Writs › Section 34.690 - Requiring production of person after writ issued.

The court or judge before whom the writ is returnable may, before final decision, issue a precept to the officer or other person to whom the writ is directed, requiring the production of the person. [Amended by 1991 c.884 §9]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 034 - Writs › Section 34.695 - Conduct of hearing.

If the matter proceeds to an evidentiary hearing, as described in ORS 34.670, the court shall decide the issues raised in the pleadings and may receive proof by affidavits, depositions, oral testimony or other competent evidence. [1991 c.884 §12]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 034 - Writs › Section 34.700 - Judgment; liability for obedience to judgment; payment of attorney fees.

(1) If it appears that the party detained is imprisoned or restrained illegally, judgment shall be given that the party be discharged forthwith; otherwise, judgment shall be given that the proceeding be dismissed and the party remanded. No officer or other person is liable to any action or proceeding for obeying such judgment of discharge.
(2) The court shall include in the judgment an order that the defendant pay the attorney fees incurred by the petition, not to exceed $100, if:
(a) The court enters a judgment requiring that the plaintiff be discharged; and
(b) The court finds that the allegations or defenses in the return were frivolous. [Amended by 1995 c.657 §9; 1999 c.114 §6]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 034 - Writs › Section 34.710 - Appeal; conclusiveness of judgment.

Any party to a proceeding by habeas corpus, including the state when the district attorney appears therein, may appeal from the judgment of the court refusing to allow such writ or any judgment therein, in like manner and with like effect as in an action. No question once finally determined upon a proceeding by habeas corpus shall be reexamined upon another proceeding of the same kind. [Amended by 2003 c.576 §235; 2015 c.212 §15]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 034 - Writs › Section 34.712 - Summary affirmation of judgment on appeal.

In reviewing the judgment of any court under ORS 34.310 to 34.730, the Court of Appeals, on its own motion or on the motion of the defendant, may summarily affirm, without oral argument, the judgment after submission of the appellant’s brief and without submission of the defendant’s brief if the court finds that no substantial question of law is presented by the appeal. Notwithstanding ORS 2.570, the Chief Judge of the Court of Appeals may deny or, if the plaintiff does not oppose the motion, grant a defendant’s motion for summary affirmation. A dismissal of appeal under this section constitutes a decision upon the merits of the appeal. [1995 c.294 §3; 1999 c.114 §7]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 034 - Writs › Section 34.720 - Imprisonment after discharge.

A person who has been finally discharged upon a proceeding by habeas corpus may not again be imprisoned, restrained or kept in custody for the same cause. A person is not deemed to be imprisoned, restrained or kept in custody for the same cause if:
(1) The person has been discharged from a commitment on a criminal charge, and afterwards is committed for the same offense by the legal order or process of the court wherein the person is bound by a release agreement or has deposited security, or in which the person is indicted or convicted for the same offense;
(2) After a judgment of discharge for a defect of evidence or for a material defect in the commitment, in a criminal case, the party again is arrested on sufficient evidence, and committed by legal process for the same offense;
(3) In a civil action or suit, the party has been discharged for illegality in the judgment or process, and afterwards is imprisoned for the same cause of action or suit; or
(4) In a civil action or suit, the person has been discharged from commitment on a writ of arrest, and afterwards is committed on execution, in the same action or suit, or on a writ of arrest in another action or suit, after the dismissal of the first one. [Amended by 1973 c.836 §325; 2003 c.14 §17; 2003 c.576 §316]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 034 - Writs › Section 34.730 - Forfeiture for refusing copy of order or process.

Any officer or other person refusing to deliver a copy of any order, warrant, process or other authority by which the officer or person detains any person, to anyone who demands a copy, and tenders the fees therefor, shall forfeit $200 to the person so detained.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 034 - Writs › Section 34.740 - Amendment of petition or action against public body when wrong remedy sought; effect of amendment on time limitations; attorney fees.

(1) A circuit court shall allow a person to amend a petition or action in the manner provided by this section if:
(a) The person seeks relief against a public body, as defined in ORS 192.311;
(b) The person incorrectly filed a petition for a writ of review, a petition for a writ of mandamus or an action for declaratory judgment; and
(c) The correct remedy of the person is a petition for a writ of review, a petition for a writ of mandamus or an action for declaratory judgment.
(2) If a petition or action is amended under this section, the petition or action is not subject to dismissal by reason of not having been commenced within the time otherwise allowed by law if the reason that the person filed the wrong petition or action was either:
(a) The person relied on a reasonable interpretation of the law relating to the correct remedy; or
(b) The public body that is the respondent or defendant in the proceeding gave misleading information to the person about the proper remedy, the person relied in good faith on the information provided by the public body and by reason of that reliance the person sought the wrong remedy.
(3) A circuit court shall order a public body, as defined in ORS 192.311, to pay reasonable attorney fees incurred by any person in filing a petition for a writ of review, a petition for a writ of mandamus or an action for declaratory judgment seeking relief from the public body if:
(a) The court determines that the person has filed the wrong petition or action, and the person subsequently amends the pleading in the manner provided by subsection (1) of this section;
(b) The public body that is the respondent or defendant in the proceeding gave information to the person with the intent to mislead the person as to the proper remedy or gave information to the person, with a reckless disregard for the truth or falsity of the information, about the proper remedy; and
(c) The person relied in good faith on the information provided by the public body, and by reason of that reliance the person sought the wrong remedy. [2001 c.561 §2]
Note:
34.740 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 34 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 034 - Writs › Section 34.810 - Scire facias and quo warranto.

The writ of scire facias, the writ of quo warranto, and proceedings by information in the nature of quo warranto are abolished, and the remedies heretofore obtainable under those forms may be obtained by action in the mode prescribed in ORS 30.510 to 30.640.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 035 - Eminent Domain; Public Acquisition of Property › Section 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. [2007 c.1 §2; 2009 c.11 §6]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 035 - Eminent Domain; Public Acquisition of Property › Section 35.018 - Severability.

If any portion or portions of chapter 1, Oregon Laws 2007, are declared invalid by a court of competent jurisdiction, the remaining portions of chapter 1, Oregon Laws 2007, shall remain in full force and effect. [2007 c.1 §3]
Note:
35.018 was 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 035 - Eminent Domain; Public Acquisition of Property › Section 35.405 - Designation of person to exercise right of repurchase by multiple owners.

Notwithstanding any other provision of ORS 35.385 to 35.415, in any instance in which ORS 35.385 applies, where the agreement by which the condemner acquired the property is executed by more than one person exclusive of the condemner, or where the judgment given in a condemnation action by which the condemner acquired the property includes more than one named defendant, all such persons executing such agreement, or all such named defendants must designate one person to act as beneficiary in the exercise of the right of repurchase, unless all such persons executing such agreement, or all such named defendants, waive such right of repurchase as provided in ORS 35.385 to 35.415. Such designated beneficiary thereafter shall exclusively have and exclusively may exercise all rights, remedies and obligations provided in ORS 35.385 to 35.415. [1973 c.720 §6]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 035 - Eminent Domain; Public Acquisition of Property › Section 35.410 - Right to contest change in public purpose use; notice of proposed change.

A prior owner of real property acquired pursuant to an agreement entered into under ORS 35.385 (1) or a judgment given under ORS 35.235 and 35.385 (2), whichever applies, or the designated beneficiary of such owner, may contest any proposed change by the condemner in the public purpose for which such real property was acquired in the manner provided for contesting a change in the period specified for the use of such real property by the condemner under ORS 35.395 (4). The resolution or ordinance of the condemner is presumptive evidence that a proposed change of use proposed by the condemner is reasonable and necessary in the public interest. Each condemner proposing any such change in public purpose shall notify each such owner or designated beneficiary of such proposed change and the reasons therefor in the manner provided in ORS 35.395 (2) for notification of a proposed change in the period specified for use of such real property by the condemner. Each such notice shall be mailed to the most recent address of the owner or designated beneficiary of record with the condemner. [1973 c.720 §7]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 035 - Eminent Domain; Public Acquisition of Property › Section 35.415 - Application of ORS 35.385 to 35.415.

(1) ORS 35.385 to 35.415 apply only to property acquired after the filing of a complaint pursuant to a resolution or ordinance adopted as provided in ORS 35.235 (1) on or after October 5, 1973, and for which a condemnation action is commenced on or after October 5, 1973.
(2) Notwithstanding ORS 35.375, ORS 35.385 to 35.415 apply to real property acquired by a county pursuant to ORS chapter 368.
(3) ORS 35.385 to 35.415 shall not apply to any real property acquired under ORS 35.385 (1) and (2) after the date the real property is used for the purpose for which it was acquired nor shall ORS 35.385 to 35.415 apply to any tract of real property where the compensation and damages paid to the owner is less than $1,000. [1973 c.720 §8; 1981 c.153 §53]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 035 - Eminent Domain; Public Acquisition of Property › Section 35.500 - Definitions for ORS 35.500 to 35.530.

As used in ORS 35.500 to 35.530:
(1) "Displaced person" means any person who moves, or is required to move the person’s residence and personal property incident thereto, or the person’s business or farm operation as a result of:
(a) Acquisition of the real property, in whole or in part, by a public entity; or
(b) Receipt of a written order by such person from a public entity to vacate the property for public use.
(2) "Federal Act" means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646, 42 U.S.C. 4601 et seq.) as in effect on January 1, 2003.
(3) "Public entity" includes the state, a county, a city, a consolidated city-county as defined in ORS 199.705 (1), a district, public authority, public agency and any other political subdivision or public corporation in the state when acquiring real property or any interest therein for public use. "Public entity" also includes a private corporation that has the power to exercise the right of eminent domain.
(4) "Public use" means a use for which real property may be acquired by a public entity as provided by law.
(5) "Real property" or any interest therein includes tenements and hereditaments, and includes every interest, freehold and chattel, legal and equitable, present and future, vested and contingent, in such tenements and hereditaments. [Formerly 281.045]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 035 - Eminent Domain; Public Acquisition of Property › Section 35.505 - Relocation within neighborhood; notice prior to move; costs and allowances.

(1) A public entity undertaking urban renewal or neighborhood development shall make all reasonable efforts to insure that all displaced persons shall have the option to relocate within their urban renewal or development neighborhood or area and shall not be displaced, except temporarily as required by emergency, until appropriate residential units shall become available to them within their neighborhood or area and within their financial means.
(2) Except as required by emergency, no displaced person shall be required to move from any real property without first having written notice from the public entity at least 90 days prior to the date by which the move is required. In no case shall any displaced person be required to move until the public entity notifies the person in writing of all costs and allowances to which such person may become entitled under federal, state or local law. [Formerly 281.055]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 035 - Eminent Domain; Public Acquisition of Property › Section 35.510 - Duties of public entities acquiring real property.

Whenever any program or project is undertaken by a public entity which program or project will result in the acquisition of real property, notwithstanding any other statute, charter, ordinance, or rule or regulation, the public entity shall:
(1) Provide fair and reasonable relocation payments and assistance to or for displaced persons as provided under sections 202, 203, 204 and 206 of the Federal Act;
(2) Provide relocation assistance programs offering to displaced persons and others occupying property immediately adjacent to the real property acquired the services described in section 205 of the Federal Act on the conditions prescribed therein;
(3) In acquiring the real property, be guided by the land acquisition policies in sections 301 and 302 of the Federal Act;
(4) Pay or reimburse property owners for necessary expenses as specified in sections 303 and 304 of the Federal Act;
(5) Share costs of providing payments and assistance with the federal government in the manner and to the extent required by sections 211 (a) and (b) of the Federal Act; and
(6) Appoint such officers, enter into such contracts, utilize federal funds for planning and providing comparable replacement housing and take such other actions as may be necessary to comply with the conditions and requirements of the Federal Act. [Formerly 281.060]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 035 - Eminent Domain; Public Acquisition of Property › Section 35.515 - Required disclosures for business and farm operations.

To be eligible for the payment authorized by ORS 35.510, a business or farm operation must make its state income tax returns and its financial statements and accounting records available for audit for confidential use to determine the payment authorized. [Formerly 281.070]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 035 - Eminent Domain; Public Acquisition of Property › Section 35.520 - Decision on benefits; hearing; review.

Any person who applies for relocation benefits or assistance under ORS 35.510 shall receive the public entity’s written decision on the application, which shall include the statement of any amount awarded, the statutory basis for the award and the statement of any finding of fact that the public entity made in arriving at its decision. A person aggrieved by the decision shall be entitled to a hearing substantially of the character required by ORS 183.413 to 183.470, unless federal, state or local law provides otherwise. Notice required by ORS 183.415 must be served within 180 days of the receipt of the written decision by the aggrieved party. The decision of the public entity shall be reviewable pursuant to ORS 183.480. [Formerly 281.085; 2007 c.288 §5]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 035 - Eminent Domain; Public Acquisition of Property › Section 35.525 - Construction.

Nothing in ORS 35.510, 35.515 or 35.520 shall be construed as creating in any condemnation proceedings brought under the power of eminent domain, any element of value or of damage not in existence immediately prior to May 7, 1971. [Formerly 281.090]