Oregon Condemnation Clause

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Multi-State
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US-OL11015A
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Description

This office lease clause is a condemnation clause that illustrates a mild effort to deal with some of the issues In the event the whole of the building or a substantial part of the building is condemned.


The Oregon condemnation clause refers to a provision included in real estate contracts within the state of Oregon to address property condemnation issues. This clause plays a crucial role in protecting the rights of property owners in situations where their property is subjected to government condemnation or eminent domain. The primary purpose of the Oregon condemnation clause is to outline the rights and responsibilities of both the property owner and the governmental authority in the event of a condemnation. It covers various aspects, including compensation, relocation costs, and the process to be followed during the condemnation proceedings. The Oregon condemnation clause ensures that property owners are fairly compensated for the value of their property, as determined by independent appraisals. It establishes the right of property owners to receive just and adequate compensation based on the fair market value of their property, its specific use, and any damages caused by condemnation. There are different types of Oregon condemnation clauses that can be included in contracts, depending on specific requirements and circumstances. These include: 1. Compensation Clause: This type of clause describes the approach to determining the compensation owed to the property owner for the condemned property. It might specify factors such as fair market value, replacement cost, or the value of improvements made on the property. 2. Relocation Clause: This clause addresses the issue of relocation expenses incurred by the property owner as a result of condemnation. It outlines the process for the property owner to receive reimbursement for reasonable moving costs, fees, and related expenses. 3. Public Use Clause: In certain cases, the condemnation clause might emphasize the requirement that the governmental authority's use of the condemned property be for a public purpose. This ensures that the property is not taken for private or personal use. 4. Payment Clause: This clause defines the timeline and procedure for the payment of compensation to the property owner. It can include details about the method of payment, installment options, or interest on the amount owed. It is important for property owners, buyers, and sellers in Oregon to carefully consider the inclusion of an Oregon condemnation clause in their contracts. This clause provides crucial legal protection and ensures that fair compensation is received in the unfortunate event of property condemnation.

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FAQ

Eminent domain is the power possessed by governments to take over the private property of a person without his/her consent. The government can only acquire private lands if it is reasonably shown that the property is to be used for public purpose only.

The landlord must give or mail to you a written notice of abandoned property that asks you to pick up your things. This notice must tell you if the landlord thinks that the value of the property you left is under $500 and he or she plans to throw it away if you don't pick it up.

Eminent domain refers to the power of the government to take private property and convert it into public use, referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.

Yes, a property owner or interest holder who prevails on an inverse condemnation claim is entitled to court-determined attorney fees and costs. ORS 20.085.

In Oregon, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges.

Condemnation, also called eminent domain or a ?taking,? is the right of a government or its agent to take private property for public use, with payment of compensation. In a condemnation action, the government takes both physical possession and legal title to the property.

Twelve states (Alabama, Georgia, Idaho, Indiana, Kentucky, Michigan, Ohio, South Dakota, Texas, Utah, West Virginia, Wisconsin) enacted legislation to prohibit the use of eminent domain for economic development.

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Jan 27, 2022 — This post re-explores some of the basic concepts surrounding the constitutional right to “just compensation,” which is one of the ... (1) If the condemner is unable to agree with or locate the owner of the property under ORS 35.235, then an action to condemn property may be commenced in the ...Letter of Offer: the condemner is required to make a written offer to the property owner, at least 20 days before filing a condemnation action, to purchase the. This chapter outlines project development requirements for any LPA acquiring right of way on any federal-aid local agency project. Right of way acquisition ... The government takes property by a formal process known as “condemnation.” Its power to take or condemn property is known as. “eminent domain.” You may have ... Subject to the requirements of this section, a condemner may enter upon, examine, survey, conduct tests upon and take samples from any real property that is ... 5. Neither the federal nor the state land acquisition policy provisions, however, create rights enforceable against a public agency in a condemnation action. An order for reduction of just compensation offered, pleaded by the condemner in the complaint or deposited with the court for the use and benefit of the owner ... The complaint shall describe the property sought to be condemned and shall allege the true value of the property sought and the damage, if any, resulting from ... This booklet covers laws that apply to rented housing everywhere in Oregon. But some cities have extra laws and rules. Portland, for example, has more ...

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Oregon Condemnation Clause