Oregon Revised Statutes Chapter 545 § 545.239 — Right
Oregon Revised Statutes Chapter 545 ·
Oregon Code § 545.239·Enacted ·Last updated March 01, 2026
Statute Text
Right
to enter upon and acquire lands and water rights; right of condemnation.
(1) The board of directors and its
agents and employees have the right to enter upon any land in the manner
provided by ORS 35.220 to make surveys and may locate the necessary irrigation
or drainage works and the line for any canals and the necessary branches for
the works or canals on any lands that may be considered best for such location.
The board also has the right to acquire, by lease, purchase, condemnation or
other legal means, all lands, water, water rights, rights of way, easements and
other property, including canals and works and the whole of irrigation systems
or projects constructed or being constructed by private owners, necessary for
the construction, use, supply, maintenance, repair and improvement of any
canals and works proposed to be constructed by the board. The board also has
the right to so acquire lands, and all necessary appurtenances, for reservoirs,
and the right to store water in constructed reservoirs, for the storage of
needful waters, or for any other purpose reasonably necessary for the purposes
of the district.
(2) In the
acquisition of property under subsection (1) of this section, the district has
the right to acquire by condemnation property already devoted to public use
that is less necessary than the use for which it is required by the district,
whether used for irrigation or any other purpose, and any other properties
owned by the state or any of its departments or commissions. 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. [Formerly 545.082;
2003 c.477 §7]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 545.239
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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