§ 550.240 — Eminent domain

Oregon § 550.240

• Jurisdiction: Oregon
• Vol.: 15
• Title 45: Water Resources; Irrigation, Drainage, Flood Control, Reclamation
• Ch. 550: Urban Flood Safety and Water Quality District

Text

(1) Except as otherwise provided in this section, the exercise of the power of eminent domain by the urban flood safety and water quality district pursuant to ORS 550.230 (4) shall be governed by ORS 35.015 to 35.530.
(2) The district’s authority to condemn property is limited to property located:
(a) Within the managed floodplain; or
(b) Outside the managed floodplain if the board of directors deems such property to be necessary for flood control within the managed floodplain.
(3) The district’s authority to condemn property includes property already devoted to a public use, if acquisition of such property is required by regulations applicable to the district under federal law, is required by a federally mandated agreement between a federal agency and the district or is approved by the public body that owns the property.
(4) If the district seeks to acquire by eminent domain all or a portion of property dedicated to open space under the land use regulations of a city or county, just compensation shall be determined based on the zoning designation applicable to the property immediately prior to the open space dedication.

Legislative History

2019 c.621 §10; 2022 c.16 §10