Chapter § 15.3

• Jurisdiction: Oregon

§ 15.3 ARTICLE I, SECTION 18, AND EMINENT DOMAIN AUTHORITY GENERALLY

In general, eminent domain is exercised as a sovereign power of the state, delegated to cities, counties, school districts, certain private utilities, and some, but not all, other political subdivisions. ORS 35.215(1). Not all state agencies or other governmental units have condemnation authority, or a unit may have such authority only in limited circumstances. See, e.g., GTE Northwest, Inc. v. Public Utility Commission, 321 Or 458, 900 P2d 495 (1995), cert den, 517 US 1155 (1996) (the Public Utility Commission had eminent domain authority only in certain circumstances, and did not have authority to promulgate rules effecting the taking complained of, so the rules were declared invalid). If a governmental body does not have the power to condemn, it cannot be sued for...