(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]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 035 - Eminent Domain; Public Acquisition of Property
Section 35.018 - Severability.
Section 35.215 - Definitions for chapter.
Section 35.220 - Precondemnation entry on real property.
Section 35.245 - Commencement of action; jurisdiction; parties.
Section 35.285 - Distribution of deposits; effect of withdrawal on appeal.
Section 35.300 - Offer of compromise.
Section 35.335 - Effect of condemner’s abandonment of action.
Section 35.352 - Notice of immediate possession of property by public condemner; objection.
Section 35.415 - Application of ORS 35.385 to 35.415.
Section 35.500 - Definitions for ORS 35.500 to 35.530.
Section 35.505 - Relocation within neighborhood; notice prior to move; costs and allowances.
Section 35.510 - Duties of public entities acquiring real property.
Section 35.550 - Definitions for ORS 35.550 to 35.575.
Section 35.560 - Action by district attorney.
Section 35.605 - Authorization to acquire adjoining property for roadways.