75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to A-Eng. SB 794
 
LC 2280/SB 794-A4
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 794
 
                    By COMMITTEE ON JUDICIARY
 
                             June 2
 
  On page 3 of the printed A-engrossed bill, delete lines 17
through 45 and delete page 4 and insert:
  '  { +  SECTION 5. + }  { + (1) After the filing of a
condemnation action, a condemner may serve an offer of compromise
on the defendant in the action. An offer of compromise must be
served on the defendant not later than 10 days before the trial
of the action. The offer of compromise must identify the amount
offered as just compensation for the property and as compensable
damages to remaining property of the defendant. The offer of
compromise must also indicate whether the offer includes any
amount for costs and disbursements, attorney fees and expenses
and, if so, the amounts included for costs and disbursements,
attorney fees and expenses. If the defendant accepts the amount
offered as just compensation for the property and as compensable
damages to remaining property of the defendant, the defendant
shall file with the court an acceptance signed by the defendant
or the defendant's attorney. The acceptance must be filed not
more than three days after the time the offer was served on the
defendant. A copy of the offer must be attached to the
acceptance.
  ' (2) If an offer of compromise under this section does not
specifically include amounts for costs and disbursements,
attorney fees and expenses, upon acceptance of the offer the
court shall give judgment to the defendant for the amount offered
as just compensation for the property and as compensable damages
to remaining property of the defendant and, in addition, for
costs and disbursements, attorney fees and expenses that are
determined by the court to have been incurred before service of
the offer on the defendant.
  ' (3) If an offer of compromise under this section specifically
includes amounts for costs and disbursements, attorney fees and
expenses, the defendant may accept all amounts offered, or may
accept only that portion of the offer identified as just
compensation for the property and as compensable damages to
remaining property of the defendant. If the defendant accepts
only that portion of the offer identified as just compensation
for the property and as compensable damages to remaining property
of the defendant, the defendant is entitled to an award for costs
and disbursements, attorney fees and expenses incurred by the
defendant before service of the offer on the defendant. The court
shall determine the amount of costs and disbursements, attorney
fees and expenses to be awarded to the defendant after acceptance
of the offer is filed under subsection (1) of this section.
  ' (4) If an offer of compromise is not accepted within the time
allowed under subsection (1) of this section, the offer is
withdrawn and may not be given in evidence at trial. If the
defendant fails to obtain a judgment more favorable than the
offer:
 
 
  ' (a) The defendant may not recover prevailing party fees or
costs and disbursements, attorney fees and expenses that were
incurred on and after service of the offer;
  ' (b) Unless the parties agree otherwise, the court shall give
judgment to the defendant for costs and disbursements, attorney
fees and expenses that were incurred by the defendant before
service of the offer; and
  ' (c) The court shall give judgment to the condemner for the
condemner's costs and disbursements, other than prevailing party
fees, incurred by the condemner on and after service of the
offer.
  ' (5) For the purpose of determining whether the defendant has
failed to obtain a judgment more favorable than an offer of
compromise that specifically includes amounts for costs and
disbursements, attorney fees and expenses, the court shall first
determine the amount of costs and disbursements, attorney fees
and expenses incurred by the defendant before service of the
offer on the defendant. The court shall add that amount to the
amounts awarded under the judgment as just compensation for the
property and as compensable damages to remaining property of the
defendant.  If the sum of those amounts is equal to or less than
the total amount specified in the offer of compromise, the
defendant has not obtained a judgment more favorable than the
offer of compromise.
  ' (6) For the purposes of this section, 'expenses' has the
meaning given that term in ORS 35.335. + } ' .
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