Oregon Statutes 35.335 – Effect of condemners abandonment of action
(1) If an action is abandoned by the condemner, the court shall enter judgment in favor of the defendant for costs and disbursements in the action and for reasonable attorney fees and reasonable expenses as determined by the court.
Terms Used In Oregon Statutes 35.335
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Verdict: The decision of a petit jury or a judge.
(2) Expenses mean costs of appraisals and fees for experts incurred in preparing and conducting the defense to the action.
(3) An action is considered abandoned if, at any time after filing a complaint, the case is dismissed or terminated or the condemner files an election not to take the property. If an election is not filed within 60 days after the verdict, the condemner is considered to have elected to take the property. [1971 c.741 § 17]
[1971 c.741 § 18; repealed by 1973 c.617 § 1 (35.346 enacted in lieu of 35.345)]