(2) The prior owner or beneficiary described in subsection (1) of this section may repurchase from the condemner the real property that is subject to the right of repurchase for a price equal to the sum of the compensation and damages paid by the condemner for the real property plus interest at the rate of seven percent per year from the date of the conveyance of the real property by the prior owner to the condemner.
(3) If only a portion of the real property acquired by a condemner is subject to the right of repurchase under ORS 35.385 to 35.415, the prior owner or beneficiary may acquire such portion for a price equal to the sum of:
(a) The fair cash market value of the portion subject to the right of repurchase, as of the date of the commencement of any action subject to ORS 35.385;
(b) The damages for diminution in value of the remainder, if any, of the former owner’s property not so acquired, as of the date of the commencement of any action subject to ORS 35.385; and
(c) Interest at the rate of seven percent per year from the date of the conveyance of the real property by the prior owner to the condemner.
(4) The offer to repurchase only a portion of real property as provided in subsection (1) of this section and ORS 35.400 (3), shall be in writing and shall include the price for repurchase as determined by the condemner, including an itemization of the components thereof, pursuant to subsection (3) of this section. [1973 c.720 §3; 2003 c.14 §19]
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.