Chapter §15.15 OTHER PRACTICAL CONSIDERATIONS

• Jurisdiction: Oregon

§15.15 OTHER PRACTICAL CONSIDERATIONS

§15.15-1 Statute of Limitations

The statute of limitations for Article I, section 18, inverse condemnation claims is six years. Suess Builders Co. v. City of Beaverton, 294 Or 254, 268, 656 P2d 306 (1982). 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 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 v. State ex rel. Bd. of Forestry, 210 Or App 215, 221, 149 P3d 1243 (2006) (citing Coast Range Conifers, LLC v. State ex rel. Oregon State Bd. of Forestry, 339 Or 136, 155, 117 P3d 990 (2005)). 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...