Item 1: Ordinance Authorizing Use of Eminent Domain to Acquire Property Near Amazon Creek Headwaters

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Mayor and City Council May 11, 2007 Page 2 Survey and Testing The condemner may conduct surveys or other testing of the property prior to filing a condemnation action to determine the appropriateness of the property for the project. ORS 35.220. The land owner must receive notice and must consent to the entry upon the property, unless the condemner receives a court order allowing the entry after consent is refused. ORS 35.220. Resolution or Ordinance Prior to initiating a condemnation action, the condemner must issue a resolution or ordinance declaring the necessity of the property for a project which the condemner has the authority to carry out. ORS 35.235. Appraisal Prior to submitting a written offer to the property owner, the condemner must have the property appraised, unless it determines that just compensation is less than $20,000. ORS 35.346(2). The condemner must give the property owner 15 days notice prior to any appraisal inspection. ORS 35.346(3). Negotiations The condemner must attempt to agree with the property owner on the appropriate amount of compensation prior to filing a condemnation proceeding. ORS 35.235(1). Written Offer At least 40 days before filing a condemnation complaint, the condemner must make a written offer to the property owner to purchase the property, or an interest in the property required for the project. ORS 35.346(1). The written offer must be accompanied by the written appraisal the condemner is relying on in making the offer, unless the value is less than $20,000. ORS 35.346(2). Action If the condemner and property owner cannot agree, then the condemner may file a condemnation action in circuit court. ORS 35.245(1). If the amount offered by the condemner is $20,000 or less, then the property owner may elect to have the compensation value determined by court-sponsored binding arbitration. ORS 35.346(6). If the value offered by the condemner is between $20,000 and $50,000, then the property owner may elect to have compensation determined by court-sponsored non-binding arbitration. ORS 35.346(6). Most of the time, property owners choose to have the amount of just compensation determined by a jury.