Chapter §15.4 PRELIMINARY CONSIDERATIONS FOR INVERSE CONDEMNATION CLAIMS

• 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...