Chapter § 15.15

• Jurisdiction: Oregon

§ 15.15 OTHER PRACTICAL CONSIDERATIONS

§ 15.15-1 Statute of Limitations

The statute of limitations for inverse condemnation claims under Article I, section 18, of the Oregon Constitution is six years. Suess Builders Co., 294 Or at 268. See ORS 12.080.

§ 15.15-2 Right to Jury Trial

Oregon appellate courts have not directly addressed the question of when there is a right to a jury trial under Article I, section 18, of the Oregon Constitution. In the context of federal takings claims, they have stated that "[w]here the historical facts material to [a] regulatory takings claim are undisputed, whether a regulation has effected a taking with respect to a particular plaintiff is a question of law to be resolved by the court." Seiber, 210 Or App at 221 (citing Coast Range Conifers, L.L.C., 339 Or at 155). The Oregon courts have also held that the right to jury trial under Article I, section 17, does not apply in eminent domain cases. Moore Mill & Lumber Co. v. Foster, 216 Or 204, 220, 225-27, 336 P2d 39 (1959) (a jury trial was not used at common law in eminent domain proceedings); Kendall v. Post, 8 Or 141, 146 (1879) (the common law never had granted a right to jury...