Chapter 534 Oregon Laws 2003

AN ACT

HB 3370

Relating to consolidation of laws governing eminent domain; creating new provisions; amending ORS 281.045, 281.060, 281.070, 281.090, 281.105, 281.260, 281.505, 281.510, 281.520, 281.530, 281.550, 353.100 and 353.110; and repealing ORS 281.010.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 281.045, 281.055, 281.060, 281.070, 281.085, 281.090, 281.105, 281.210, 281.220, 281.230, 281.240, 281.250, 281.260, 281.505, 281.510, 281.520, 281.530, 281.540 and 281.550 are added to and made a part of ORS chapter 35.

SECTION 2. ORS 281.045 is amended to read:

281.045. As used in ORS 281.045 to 281.105:

(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) “Person” means any individual, partnership, corporation or association.]

(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 [which] 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.

SECTION 3. ORS 281.060 is amended to read:

281.060. 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 [Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended by the Uniform Relocation Act amendments of 1987];

(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 [1970] Federal Act [as amended by the Uniform Relocation Act amendments of 1987] on the conditions prescribed therein;

(3) In acquiring the real property, be guided by the land acquisition policies in [section] sections 301 and 302 of the [1970] Federal Act [as amended by the Uniform Relocation Act amendments of 1987 and the provisions of section 302 of the 1970 federal Act];

(4) Pay or reimburse property owners for necessary expenses as specified in sections 303 and 304 of the [1970] 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 [1970] Federal Act [as amended by the Uniform Relocation Act amendments of 1987]; 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 [1970] Federal Act [as amended by the Uniform Relocation Act amendments of 1987].

SECTION 4. ORS 281.070 is amended to read:

281.070. To be eligible for the payment authorized by ORS 281.060 [to 281.090], 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.

SECTION 5. ORS 281.090 is amended to read:

281.090. Nothing in ORS 281.060 [to 281.090], 281.070 or 281.085 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.

SECTION 6. ORS 281.105 is amended to read:

281.105. [In any instance where] If a public entity is receiving federal financial assistance and is thereby required to comply with applicable federal laws and regulations relating to relocation assistance, such federal laws and regulations shall control should there be any conflict with ORS 281.045 to 281.105 [281.060, 281.085 and this section].

SECTION 7. ORS 281.260 is amended to read:

281.260. ORS 281.210 to [281.250] 281.260 do not require the state to make or tender compensation prior to condemning and taking possession of the lands or property.

SECTION 8. ORS 281.505 is amended to read:

281.505. [As used in ORS 281.510 to 281.550, “municipal corporation” includes any county, city, port or other public or quasi-public corporation.] ORS 281.505 to 281.550 apply to all condemners other than the state.

SECTION 9. ORS 281.510 is amended to read:

281.510. (1) Every [municipal corporation] condemner having the right to purchase, acquire, enter upon and appropriate land and property for establishing, laying out, widening, enlarging or extending roads, streets or highways, may purchase, acquire, enter upon and appropriate, in or in connection with establishing, laying out, widening, enlarging or extending roads, streets or highways, land and property immediately adjoining the proposed boundaries of such roads, streets or highways.

(2) The authority conferred by subsection (1) of this section does not extend to the purchase, acquisition, entering upon or appropriation of any adjoining land or property situate more than 100 feet distant from or beyond the proposed boundaries of any such road, street or highway, or of any such adjoining land or property [which] that constitutes the whole or any part of a platted lot or tract of rectangular shape and having an area of 5,000 square feet or more and its shorter dimension not less than 50 feet in length, or [which] that constitutes the whole or any part of any tract of land in common ownership of like shape and having like minimum area and dimensions.

SECTION 10. ORS 281.520 is amended to read:

281.520. Before the right to purchase, acquire, enter upon and appropriate any adjoining land or property under ORS 281.510 is exercised by any [municipal corporation] condemner, the [municipal authorities thereof] governing body shall by appropriate ordinance or resolution[,] describe the land to be purchased, acquired, entered upon or appropriated, and shall further determine that the appropriation of such land is reasonably necessary to protect the full use and enjoyment by the public of the road, street or highway.

SECTION 11. ORS 281.530 is amended to read:

281.530. After an appropriation of land and property authorized by ORS 281.510 has been made, the land and property so appropriated adjoining the boundaries of any road, street or highway and not actually occupied by the road, street or highway, may, by appropriate ordinance or resolution, be declared subject to and burdened with the restrictions upon the future use and occupation thereof that are considered necessary for protecting the full use and enjoyment by the public of the road, street or highway. Such land and property may thereafter be sold by the [municipal corporation] condemner subject to the declared restrictions and the proceeds of the sale applied and accounted for as may be provided by the charter, charter ordinances or ordinances of, or law governing the [municipal corporation] condemner. The deed or other conveyance of such land and property shall contain the restrictions and all such land and property shall be sold, burdened with and subject to the restrictions.

SECTION 12. ORS 281.550 is amended to read:

281.550. If private property is appropriated for the public use[,] as authorized by ORS 281.510, and the compensation and damages arising from the appropriation cannot be agreed upon, the appropriation shall be made and the compensation and damages shall be considered, ascertained, determined, awarded and paid in the manner provided by [the general laws of the state relative to condemnation, or by such means as may be prescribed by the charter, charter ordinances or ordinances of, or law governing such municipal corporation for establishing, laying out, widening, enlarging or extending streets or for acquiring private property for park purposes, at the option of the municipal authorities thereof] this chapter.

SECTION 13. ORS 353.100 is amended to read:

353.100. (1) The provisions of ORS chapters 35, 190, 192, 244[, 281] and 295 and ORS 30.260 to 30.460, 200.005 to 200.025, 200.045 to 200.090, 236.605 to 236.640, 243.650 to 243.782, 297.040, 307.090 and 307.112 shall apply to Oregon Health and Science University under the same terms as they apply to public bodies other than the state.

(2) Except as otherwise provided by law, the provisions of ORS chapters 182, 183, 240, 270, 273, 276, 279, 283, 291, 292, 293, 294 and 297 and ORS 180.060, 180.210 to 180.235, 184.305 to 184.345, 190.430, 190.480, 190.490, 192.105, 200.035, 236.380, 243.105 to 243.585, 243.696, 278.011 to 278.120, 278.315 to 278.415, 281.210 to 281.260, 282.010 to 282.150, 357.805 to 357.895 and 656.017 (2) shall not apply to the university or any not-for-profit organization or other entity[,] if the equity of the entity is owned exclusively by the university[,] and if the organization or entity is created by the university to advance any of the university’s statutory missions.

(3) The university, as a distinct governmental entity, or any organization or entity described in subsection (2) of this section shall not be subject to any provision of law enacted after January 1, 1995, with respect to any governmental entity, unless the provision specifically provides that it applies to the university or to the organization or entity.

SECTION 14. ORS 353.110 is amended to read:

353.110. The Oregon Health and Science University may acquire, by condemnation or otherwise, private property that is necessary or convenient in carrying out any power granted to the university. The right to acquire property by condemnation shall be exercised as provided by ORS chapter 35 [and ORS 281.010 to 281.105].

SECTION 15. ORS 281.010 is repealed.

Approved by the Governor July 1, 2003

Filed in the office of Secretary of State July 1, 2003

Effective date January 1, 2004

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