(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. [1973 c.720 §2; 2011 c.426 §1]
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.