72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3455
(To Resolve Conflicts)
A-Engrossed
House Bill 3370
Ordered by the Senate June 5
Including Senate Amendments dated June 5 to resolve conflicts
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon Law
Commission)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Consolidates laws governing eminent domain.
A BILL FOR AN ACT
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. + }
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