l9n/ Oregon

2009 Regular Session

Senate Bill 794

Provides that defendant in condemnation action may not recover attorney fees from condemner unless amount of just compensation assessed by verdict exceeds highest written settlement offer submitted by condemner before filing of action.

Became law as Chapter 530, Oregon Laws 2009, signed June 24, 2009, 107 days after it was filed. In force from January 1, 2010.

What it does

The synopsis the Legislative Assembly published with the bill.

Provides that defendant in condemnation action may not recover attorney fees from condemner unless amount of just compensation assessed by verdict exceeds highest written settlement offer submitted by condemner before filing of action. <i>Allows condemner to make offer of compromise to defendant in condemnation action after filing of action and not less than 10 days before trial. Requires court, if defendant accepts offer and if offer does not specifically indicate otherwise, to give judgment to defendant for amount of costs and disbursements, attorney fees and other costs incurred before offer. Provides that, if defendant rejects offer and fails to obtain judgment more favorable than offer, defendant may not recover costs, prevailing party fees, disbursements or attorney fees that were incurred on or after date of offer, that defendant shall recover costs and disbursements, attorney fees and expenses incurred before date of offer, and that condemner shall recover costs and disbursements incurred by condemner after service of offer.</i>] <b>Allows condemner to serve offer of compromise to defendant in condemnation action not less than 10 days before trial. Requires court, if defendant accepts offer under specified circumstances, to give judgment to defendant for amount of specified litigation costs incurred before service of offer. Provides, if defendant rejects offer and fails to obtain judgment more favorable than offer, that defendant may not recover specified litigation costs incurred on or after service of offer, that defendant will recover specified litigation costs incurred before service of offer and that condemner will recover specified litigation costs incurred on or after service of offer.</b>

Sponsors

Who carried the bill in each chamber, and who signed on. Each name leads to the member's page.

In the Senate

    1 co-sponsor

    SJUD

    Its course

    March 9 to June 24, 2009, on one scale. In the top row each mark is a day something happened; taller marks are busier days.

    Each committee stop sits inside its chamber.

    Every action22 actions on 20 days

    In the SenateMar 9 to May 557 days

    Waiting for a committeeMar 9 to Mar 134 days

    JudiciaryMar 13 to Apr 3048 days

    In the House of RepresentativesMay 5 to Jun 1036 days

    Waiting for a committeeMay 5 to May 72 days

    JudiciaryMay 7 to Jun 226 days

    Back in the SenateJun 10 to Jun 177 days

    With the GovernorJun 17 to Jun 247 days

    Votes

    Yeas to nays, as the Legislative Assembly recorded them. Committee votes are set in.

    • Senate, third reading30–0

      Passed · May 5

    • House of Representatives, third reading55–0

      Passed · Jun 10 · 5 present

    • Senate, concurrence28–0

      Agreed to the other chamber's changes · Jun 12 · 2 present

    Amendments

    Each amendment offered, and what became of it.

    • Senate committee amendmentAdopted

      Adopted Apr 30

    • House of Representatives committee amendmentAdopted

      Adopted Jun 2

    Text

    Each version as the Legislative Assembly printed it.

    l9n doesn't hold this bill's text yet.

    What happened

    In l9n's words, one line for each step. Every action as the Legislative Assembly published it is below.

    In the Senate Mar 9 – May 5

    1. Mar 9Introduced
    2. Mar 13Sent to Judiciary
    3. Apr 16Heard in Judiciary
    4. Apr 21Heard in Judiciary
    5. Apr 30Judiciary recommended it as amended
    6. May 4Read a second time
    7. May 5Passed the Senate, 30 to 0

    In the House of Representatives May 6 – Jun 10

    1. May 6Arrived in the House of Representatives
    2. May 7Sent to Judiciary
    3. May 19Heard in Judiciary
    4. May 22Heard in Judiciary
    5. Jun 2Judiciary recommended it as amended
    6. Jun 4Read a second time
    7. Jun 10Passed the House of Representatives, 55 to 0

    Back in the Senate Jun 12 – Jun 17

    1. Jun 12The Senate agreed to the House of Representatives's amendments and passed it again, 28 to 0
    2. Jun 17Signed in the Senate

    To the Governor Jun 18 – Jun 24

    1. Jun 18Signed in the House of Representatives
    2. Jun 24Signed by the Governor
    3. Became chapter 530 of Oregon Laws 2009
    4. In force from January 1, 2010
    All 22 actions, as published
    1. Mar 9Introduction and first reading. Referred to President's desk.Senate
    2. Mar 13Referred to Judiciary.Senate
    3. Apr 16Public Hearing and Work Session held.Senate
    4. Apr 21Work Session held.Senate
    5. Apr 30Recommendation: Do pass with amendments. (Printed A-Eng.)Senate
    6. May 4Second reading.Senate
    7. May 5Third reading. Carried by Bonamici. Passed.Senate
    8. May 6First reading. Referred to Speaker's desk.House of Representatives
    9. May 7Referred to Judiciary.House of Representatives
    10. May 19Public Hearing and Work Session held.House of Representatives
    11. May 22Work Session held.House of Representatives
    12. Jun 2Recommendation: Do pass with amendments and be printed B-Engrossed.House of Representatives
    13. Jun 4Second reading.House of Representatives
    14. Jun 8Rules suspended. Carried over to June 9, 2009 Calendar.House of Representatives
    15. Jun 9Rules suspended. Carried over to June 10, 2009 Calendar.House of Representatives
    16. Jun 10Third reading. Carried by Garrett. Passed.House of Representatives
    17. Jun 12Senate concurred in House amendments and repassed bill.Senate
    18. Jun 17President signed.Senate
    19. Jun 18Speaker signed.House of Representatives
    20. Jun 24Governor signed.Senate
    21. Jun 24Chapter 530, 2009 Laws.Senate
    22. Jun 24Effective date, January 1, 2010.Senate