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 3 Immediate Possession If a condemner believes possession of the property is necessary prior to the completion of the condemnation proceedings, it may give notice to the property owner of its intent to take immediate possession. ORS 35.352(1). If the owner does not object within 10 days of service of the notice of immediate possession, the condemner may deposit the amount it alleges as just compensation with the court and obtain an order granting it possession of the property. ORS 35.352(3). If the owner files a timely objection, the court will hold a hearing on the owner’s objections. ORS 35.352(5). The only objections allowed at this stage of the proceeding are (1) whether the condemnation is legal and (2) whether the condemner has acted in bad faith, engaged in fraud, or engaged in an abuse of discretion. ORS 35.352(4). If immediate possession is granted, the property owner may withdraw the funds from the court without waiving any arguments regarding valuation. ORS 35.285. Attorney Fees The property owner can recover attorney fees and reasonable expenses (e.g., expert witnesses) if the amount of the just compensation awarded at trial exceeds the initial offer made by the condemner. ORS 35.346(7), as modified by Measure 39. The property owner is also entitled to attorney fees and reasonable expenses if the condemner abandons the condemnation action or if the court finds that the first written offer was not a good faith offer based on what the condemner reasonably believed just compensation to be. ORS 35.335(1); ORS 35.346(7). Appeal Either party may appeal, but an appeal will not prevent the condemner from taking possession of the property. ORS 35.355. Repurchase Rights Under certain circumstances, a property owner may have a right to repurchase the property from the condemner if the condemner fails to use the property for the public use for which it was condemned. ORS 35.385. Relocation Assistance Relocation assistance is governed by ORS 35.500 - .530 which incorporates certain requirements of federal law in 42 USC §§ 4651-4652. If the project is receiving federal financial assistance, federal law controls the provision of relocation assistance. ORS 35.530. When a person or business is displaced through condemnation, the condemner must provide certain relocation assistance and relocation payments to the displaced person or business. ORS 35.510. Unless an emergency exists, a person or business cannot be required to move from the condemned property without first receiving notice at least 90 days prior to the date by which the move is required. ORS 35.505(2). A requirement to move must also be preceded by notice of