1. (1) Either the department or the property owner, at their own cost, may at any time before or during the appeal of the closure or denial under OAR 734-051-3110 have an appraisal performed to assist in determining the remedies that would address the real property value, utility or use:

   1. (a) Each party shall notify the other party of such appraisal in a timely manner; and
   2. (b) There shall be full disclosure and sharing between the parties of any appraisal and appraisal information.

2. (2) A qualified review appraiser must review all appraisals to ensure conformance with federal and state eminent domain and access laws:

   1. (a) The reviewer may be selected by the department or selected jointly by way of mutual agreement of both the department and the property owner; and
   2. (b) The same review appraiser must review all appraisals for one affected property to ensure consistency.

3. (3) The department and property owner may agree to mutually select one appraiser, share the appraisal costs and submit agreed-to instructions to the appraiser:

   1. (a) An appraisal from an appraiser selected under this section, after review as set forth in section (2) of this rule, will be presented to the director or the director’s designee; and
   2. (b) The director or designee shall take the information in the appraisal into consideration in making subsequent offers of remedies.

Statutory/Other Authority

ORS 184.616, 184.619, 374.310–374.314, 374.345 & 374.355

Statutes/Other Implemented

ORS 374.300–374.360, §27, ch. 330 & OL 2011

History

HWD 8-2012, f. 6-27-12, cert. ef. 6-29-12
HWD 16-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 6-29-12