Chapter § 62.1 SCOPE

• Jurisdiction: Oregon

§ 62.1 SCOPE

§ 62.1-1 Eminent Domain

The first part of this chapter reviews the Oregon laws of eminent domain and procedures of condemnation as set forth primarily in ORS chapter 35 and Oregon appellate court decisions. See § 62.2-1 to § 62.5-11. For a more detailed analysis of specific problems, case law from other jurisdictions, and matters not discussed in this chapter, see Julius L. Sackman ed., Nichols' The Law of Eminent Domain (rev 3d ed 1997), the most comprehensive treatise on the subject, or Henry J. Kaltenback, Just Compensation, revised; a legal service concerning the price to be paid for condemned land (1964), and Lewis Orgel, Valuation under the Law of Eminent Domain (2d ed 1953).

Specific statutes granting the power of eminent domain and condemnation to various governmental agencies, authorities, and districts are set forth in § 62.2-3.

As to the acquisition of scenic easements to preserve the natural, historic, and recreational qualities of land along rivers in Oregon, see the Willamette River Greenway Act (ORS 390.310-390.368), the Columbia River Gorge National Scenic Area Act (ORS 196.105-196.125), the Deschutes River Scenic Waterway Recreation Area Act (ORS 390.930-390.940), and the Scenic Waterways Act (ORS 390.805-390.925). See also Land Use chapter 13 (OSB Legal Pubs 2010) for a discussion of the Willamette River Greenway Statewide Planning Goal, and...