Bill Text: OR HB3278 | 2011 | Regular Session | Introduced

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Bill Title: Relating to condemnation; declaring an emergency.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3278 Detail]

Download: Oregon-2011-HB3278-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3515

                         House Bill 3278

Sponsored by Representative BENTZ

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires that condemner seeking part of lot or parcel for
purpose of electrical transmission line, or seeking easement for
purpose of electrical transmission line, must offer owner of
land, in lieu of lump sum payment, option of 30-year lease of
condemned property with title to vest in condemner at end of
lease period.  Provides that lease must require payment to owner
of annual amount equal to $__ per square foot of condemned
property or easement.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to condemnation; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 35. + }
  SECTION 2.  { + (1) If a condemner seeks condemnation of part
of a lot or parcel of land for the purpose of constructing an
electrical transmission line, or condemnation of an easement
across land for the purpose of constructing an electrical
transmission line, the condemner must offer the owner of the
land, in lieu of a lump sum payment, the option of a 30-year
lease of the condemned property with the title of the property to
vest in the condemner at the end of the lease period. The lease
shall require that the condemner pay an annual amount equal to
$__ per square foot of the condemned property or easement.
  (2) The right to a payment under this section is not affected
by a transfer of fee title to the part of the lot or parcel not
condemned in the proceedings, or a transfer of fee title to the
land on which the easement is located. + }
  SECTION 3.  { + Section 2 of this 2011 Act applies only to
condemnation proceedings in which the initial written offer
required by ORS 35.346 is given on or after the effective date of
this 2011 Act. + }
  SECTION 4.  { + 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. + }
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