Chapter § 15.4
Jurisdiction | Oregon |
An attorney bringing or defending an inverse condemnation suit may want to consider a number of factors in evaluating the claim:
(1) Does the defendant have condemnation authority? See § 15.3.
(2) What property or property right was taken? Does the plaintiff own that property or property right? See § 15.5-1.
(3) For what purpose was the property taken? See § 15.3.
(4) Does the extent of the taking rise to the actionable level of physical occupation or restriction tantamount to physical occupation? See § 15.6 to § 15.8.
(a) What is the relevant parcel to consider? See § 15.7-2(d).
(b) Is the claimed taking permanent or temporary? See § 15.8.
(5) Is the claim "ripe"? See § 15.12.
(a) Has the claimant received a final regulatory decision from the government?
(b) Has the claimant exhausted administrative remedies?
(6) When does...
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