§ 35.305 — Conduct of trial; defendant’s option; jury argument; neither side has burden of proof of just compensation

Oregon § 35.305

• Jurisdiction: Oregon
• Vol.: 1
• Title 3: Remedies and Special Actions and Proceedings
• Ch. 35: Eminent Domain; Public Acquisition of Property

Text

(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.

Legislative History

1971 c.741 §14; 1979 c.284 §76