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• ' Mayor and City Council May 11, 2007 Page 3 <br /> Immediate Possession <br /> If a condemner believes possession of the property is necessary prior to the completion of <br /> the condemnation proceedings, it may give notice to the property owner of its intent to take <br /> immediate possession. ORS 35.352(1). If the owner does not object within 10 days of service of <br /> the notice of immediate possession, the condemner may deposit the amount it alleges as just <br /> compensation with the court and obtain an order granting it possession of the property. <br /> ORS 35.352(3). If the owner files a timely objection, the court will hold a hearing on the <br /> owner's objections. ORS 35.352(5). The only objections allowed at this stage of the proceeding <br /> are (1) whether the condemnation is legal and (2) whether the condemner has acted in bad faith, <br /> engaged in fraud, or engaged in an abuse of discretion. ORS 35.352(4). If immediate possession <br /> is granted, the property owner may withdraw the funds from the court without waiving any <br /> arguments regarding valuation. ORS 35.285. <br /> Attorney Fees <br /> The property owner can recover attorney fees and reasonable expenses (e.g., expert <br /> witnesses) if the amount of the just compensation awarded at trial exceeds the initial offer made <br /> by the condemner. ORS 35.346(7), as modified by Measure 39. The property owner is also <br /> entitled to attorney fees and reasonable expenses if the condemner abandons the condemnation <br /> action or if the court finds that the first written offer was not a good faith offer based on what the <br /> condemner reasonably believed just compensation to be. ORS 35.335(1); ORS 35.346(7). <br /> Appeal <br /> Either party may appeal, but an appeal will not prevent the condemner from taking <br /> possession of the property. ORS 35.355. <br /> Repurchase Rights <br /> Under certain circumstances, a property owner may have a right to repurchase the <br /> property from the condemner if the condemner fails to use the property for the public use for <br /> which it was condemned. ORS 35.385. <br /> Relocation Assistance <br /> Relocation assistance is governed by ORS 35.500 - .530 which incorporates certain <br /> requirements of federal law in 42 USC §§ 4651 -4652. If the project is receiving federal financial <br /> assistance, federal law controls the provision of relocation assistance. ORS 35.530. When a <br /> person or business is displaced through condemnation, the condemner must provide certain <br /> relocation assistance and relocation payments to the displaced person or business. ORS 35.510. <br /> Unless an emergency exists, a person or business cannot be required to move from the <br /> condemned property without first receiving notice at least 90 days prior to the date by which the <br /> move is required. ORS 35.505(2). A requirement to move must also be preceded by notice of <br /> the costs and allowances to which the person may be entitled. ORS 35.505(2). In cases of urban <br />