Chapter §15.3 ARTICLE I, SECTION 18, AND EMINENT DOMAIN AUTHORITY GENERALLY
Jurisdiction | Oregon |
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 authority only in limited circumstances. See, e.g., GTE NW., Inc. v. Pub. Util. Comm'n of Oregon, 321 Or 458, 900 P2d 495 (1995) (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 inverse condemnation, because it has no authority to take property and hence cannot be awarded title. In such a case, the appropriate remedy is to set aside the unlawful action, rather than to seek to require the government to purchase the property. See, e.g., GTE...
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- Chapter 15 The Takings Clause
- CHAPTER 15 THE TAKINGS CLAUSE
- Chapter §15.1 SCOPE OF CHAPTER
- Chapter §15.2 ARTICLE I, SECTION 18: INTRODUCTION
- Chapter §15.3 ARTICLE I, SECTION 18, AND EMINENT DOMAIN AUTHORITY GENERALLY
- Chapter §15.4 PRELIMINARY CONSIDERATIONS FOR INVERSE CONDEMNATION CLAIMS
- Chapter §15.5 WHAT IS PROPERTY WITHIN THE MEANING OF ARTICLE I, SECTION 18?
- Chapter §15.6 PHYSICAL TAKINGS
- Chapter §15.7 REGULATORY TAKINGS
- Chapter §15.8 TEMPORARY TAKINGS
- Chapter §15.9 EXACTIONS
- Chapter §15.10 DENIAL OF ACCESS
- Chapter §15.11 OTHER GOVERNMENTAL INTERFERENCE WITH USE OF PROPERTY
- Chapter §15.12 RIPENESS AND EXHAUSTION
- Chapter §15.13 DAMAGES FOR INVERSE CONDEMNATION
- Chapter §15.14 TAKINGS VERSUS OTHER LEGAL THEORIES
- Chapter §15.15 OTHER PRACTICAL CONSIDERATIONS
- Chapter §15.16 TAKINGS INITIATIVES
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