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ORS 35.305

Known as the General Condemnation Procedure Act

The act spans §§ 35–35 (68 sections).

Applied in 5 court decisions — leading case State Ex Rel. English v. Multnomah County (2010)

Most recently applied in City of Bend v. Juniper Utility Co. (April 2011)

1971 c.741 §14; 1979 c.284 §76

How often courts cite this section

1978198019902000201120
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Evidence shall be received and the trial conducted in the order and manner prescribed for a civil action in the circuit court, except that the defendant shall have the option of proceeding first or last in the presentation of evidence, if notice of such election is filed with the court and served on the condemner at least seven days prior to the date set for trial. If no notice of election is filed, the condemner shall proceed first in the presentation of evidence. Unless the case is submitted by both sides to the jury without argument, the party who presents evidence first shall also open and close the argument to the jury.

(2) Condemner and defendant may offer evidence of just compensation, but neither party shall have the burden of proof of just compensation.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.