2021 Oregon Revised Statutes
Chapter 035 - Eminent Domain; Public Acquisition of Property
Section 35.335 - Effect of condemner’s abandonment of action.


(2) Expenses mean costs of appraisals and fees for experts incurred in preparing and conducting the defense to the action.
(3) An action is considered abandoned if, at any time after filing a complaint, the case is dismissed or terminated or the condemner files an election not to take the property. If an election is not filed within 60 days after the verdict, the condemner is considered to have elected to take the property. [1971 c.741 §17]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 01 - Courts, Oregon Rules of Civil Procedure

Chapter 035 - Eminent Domain; Public Acquisition of Property

Section 35.015 - Prohibition on condemnation of certain properties with intent to convey property to private party; exceptions.

Section 35.018 - Severability.

Section 35.215 - Definitions for chapter.

Section 35.220 - Precondemnation entry on real property.

Section 35.235 - Agreement for compensation; status of resolution or ordinance of public condemner; status of action of private condemner; agreement effort not prerequisite.

Section 35.245 - Commencement of action; jurisdiction; parties.

Section 35.265 - Advance deposit by public condemner requiring immediate possession; effect on interest otherwise allowable.

Section 35.275 - Advance occupancy by private condemner; hearing; deposit or bond; effect of size of bond or deposit on amount of just compensation.

Section 35.285 - Distribution of deposits; effect of withdrawal on appeal.

Section 35.300 - Offer of compromise.

Section 35.305 - Conduct of trial; defendant’s option; jury argument; neither side has burden of proof of just compensation.

Section 35.335 - Effect of condemner’s abandonment of action.

Section 35.346 - Offer to purchase required before filing action for condemnation; appraisal; arbitration; when costs and disbursements allowed.

Section 35.352 - Notice of immediate possession of property by public condemner; objection.

Section 35.385 - Public purpose use required of condemner; right of repurchase; specification of duration of public purpose use; effect.

Section 35.390 - Effect of failure of condemner to use property as required; price of repurchase; form of offer of repurchase.

Section 35.395 - Change in period of use; notice; effect of failure to agree on change; review by court.

Section 35.400 - Designation of person to exercise right of repurchase; effect of failure to designate; offer to repurchase; acceptance; notice; determination of price.

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.