Shephard v. Department of Community Corrections of Washington County

The broad issue is whether a month-to-month residential tenant is entitled to relocation assistance under ORS 281.045 to 281.105 from a county which obtains a leasehold interest from the residential landlord, who, upon leasing to the county, terminates the month-to-month tenancy in order to carry out the terms of the new lease.1 The resolution of that issue depends upon whether the county effected an “acquisition of real property” within the meaning of those statutory sections. We hold that there was no “acquisition”; therefore, there is no entitlement to assistance.

The landlord owned two…