Eminent Domain
nor shall private property be taken for public use, without just compensation.
United States Constitution, Amendment V
Private property shall not be taken for public use, nor the particular services of any man be demanded, without just compensation; nor except in the case of the state, without such compensation first assessed and tendered.
Oregon Constitution, Article I, Section 18
We represent landowners whose property is being taken for a transmission line, a road or another public project. We have also represented cities and counties acquiring right of way.
We also bring inverse condemnation claims, where a state actor has taken or damaged property without filing a case. The federal claim is described under Civil Rights.
Services we provide
- Offers, appraisals and negotiation before a case is filed
- Jury trial of just compensation
- Damage to the remainder: access, severance and cost to cure
- Challenges to the right to take
- Inverse condemnation
Statutes and rules
- ORS chapter 35, Eminent Domain and Public Acquisition of Propertythe procedure, from the condemner's entry for survey (ORS 35.220) and the written offer and appraisal it must deliver before filing (ORS 35.346) to trial, costs and attorney fees.
- ORS chapter 758, Utility Rights of Way and Territory Allocationa utility's condemnation power for transmission lines and the Public Utility Commission's part in it.
- ORS chapter 772, Railroad and Other Corporate Powersthe older grant of condemnation power to electric and telecommunications companies (ORS 772.210).
- ORS chapter 469, Energy; Conservation Programs; Energy Facilitiessite certificates for transmission lines and energy facilities from the Energy Facility Siting Council, which is where the route is fixed before any owner is approached.