Chapter 426
Oregon Laws 2011
AN ACT
SB 619
Relating to
eminent domain; creating new provisions; amending ORS 35.385; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 35.385 is amended to
read:
35.385. (1) If real property is
acquired by a condemner by agreement with the owner of such property after [commencement of an action under ORS 35.245]
the adoption of a resolution or ordinance under ORS 35.235 (1) for the [appropriation] acquisition of [such] the property but [prior to] before entry of a
judgment in [such] 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.
SECTION 2. The amendments to ORS
35.385 by section 1 of this 2011 Act apply only to agreements for acquisition
by a condemner as described in ORS 35.385 (1) that are entered into on or after
the effective date of this 2011 Act.
SECTION 3. This 2011 Act being
necessary for the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2011 Act takes effect on
its passage.
Approved by
the Governor June 17, 2011
Filed in the
office of Secretary of State June 17, 2011
Effective date
June 17, 2011
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