Chapter § 15.13

• Jurisdiction: Oregon

§ 15.13 DAMAGES FOR INVERSE CONDEMNATION

There is little case law in Oregon describing the measure of damages for inverse condemnation. Generally, the damage for a successful inverse condemnation claim is "payment of the value of the property taken." Moeller, 218 Or at 423.

When the taking is based on an exaction (see § 15.9), damages are determined based on the value of the property as of the date that the government imposed the unconstitutional condition, not on the date that the government actually acquires a possessory interest. Brown, 251 Or App at 57.

The Oregon Tort Claims Act's damages cap for claims for damage to or destruction of property does not apply to inverse condemnation claims. Vokoun...