The right to condemn property, pursuant to ORS § 552.305 (4), shall include property already devoted to public use, including city, state and county property, which is less necessary than the use for which it is required by the district. In the acquisition of property or rights by condemnation, the board shall proceed in the name of the district under the provisions of the laws of Oregon. However, the right of condemnation may not be exercised against any water right; against land or other property owned by a city supplying domestic water; a public utility as defined by ORS § 757.005; against a telecommunications carrier as defined in ORS § 133.721; against lands of a domestic water supply district organized under ORS Chapter 264, an irrigation district organized under ORS Chapter 545, a drainage district organized under ORS Chapter 547, a diking district organized under ORS Chapter 551 or a corporation for the use and control of water organized under ORS Chapter 554; or against property of the State of Oregon for highway purposes. [1969 c.606 § 23; 1983 c.740 § 216; 1987 c.447 § 109; 1999 c.1093 § 18]

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Terms Used In Oregon Statutes 552.310

  • City: includes any incorporated village or town. See Oregon Statutes 174.100
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • District: means a water improvement district proposed or created under this chapter. See Oregon Statutes 552.013