Chapter § 15.4

• Jurisdiction: Oregon

§ 15.4 PRELIMINARY CONSIDERATIONS FOR INVERSE CONDEMNATION CLAIMS

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...