Bill Text: OR SB619 | 2011 | Regular Session | Enrolled

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Bill Title: Relating to eminent domain; and declaring an emergency.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2011-06-22 - Effective date, June 17, 2011. [SB619 Detail]

Download: Oregon-2011-SB619-Enrolled.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         Senate Bill 619

Sponsored by Senator BOQUIST, Representative WEIDNER

                     CHAPTER ................

                             AN ACT

Relating to eminent domain; creating new provisions; amending ORS
  35.385; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 35.385 is amended to read:
  35.385. (1) If real property is acquired by a condemner by
agreement with the owner of such property after
 { - commencement of an action under ORS 35.245 - }  { +  the
adoption of a resolution or ordinance under ORS 35.235 (1) + }
for the   { - appropriation - }  { +  acquisition + } of
 { - such - }  { +  the + } property but   { - prior to - }  { +
before entry of a + } judgment in   { - such - }  { +  a
condemnation  + }action { +  under ORS 35.245 + }, the condemner
and the owner shall:
  (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,

Enrolled Senate Bill 619 (SB 619-A)                        Page 1

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. + }
  SECTION 2.  { + The amendments to ORS 35.385 by section 1 of
this 2011 Act apply only to agreements for acquisition by a
condemner as described in ORS 35.385 (1) that are entered into on
or after the effective date of this 2011 Act. + }
  SECTION 3.  { + 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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Passed by Senate May 3, 2011

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House June 8, 2011

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Enrolled Senate Bill 619 (SB 619-A)                        Page 2

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 619 (SB 619-A)                        Page 3