(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 circuit court of the county in which the property proposed to be condemned, or the greater portion thereof, is located.

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Terms Used In Oregon Statutes 35.245

  • Condemner: means the state, any city, county, school district, municipal or public corporation, political subdivision or any instrumentality or any agency thereof or a private corporation that has the power to exercise the right of eminent domain. See Oregon Statutes 35.215
  • owner of the property: means the owner of property. See Oregon Statutes 35.215
  • Person: means person as defined by ORS § 174. See Oregon Statutes 35.215
  • Property: means real or personal property or any interest therein of any kind or nature that is subject to condemnation. See Oregon Statutes 35.215

(2) An action may be commenced against the person in whose name the record title appears. There may be included as defendants any lessee or other person in possession and all other persons having or claiming an interest in the property. [1971 c.741 § 7]