Chapter §15.8 TEMPORARY TAKINGS
Jurisdiction | Oregon |
Coast Range Conifers, LLC v. State ex rel. Oregon State Bd. of Forestry, 339 Or 136, 117 P3d 990 (2005), describes the spatial dimension of the whole-parcel rule. See § 15.7-2(d). The rule also has a temporal dimension. See Boise Cascade Corp. v. State ex rel. Bd. of Forestry, 216 Or App 338, 347, 174 P3d 587 (2007). The temporal dimension is reflected in the concept of temporary takings.
The temporary taking of all economically viable use may constitute a taking under the Oregon Constitution as well as under the federal constitution. Boise Cascade Corp v. Board of Forestry, 325 Or 185, 199, 935 P3d 411 (1997). To distinguish between a taking and "administrative inconvenience or delay," a plaintiff must allege some permanence in its loss—"that it has been denied all economic use of its property under a law, ordinance, regulation, or other government action that either is permanent on its face or so long lived as to make any present economic plans for the property impractical." Boise Cascade Corp, 325 Or at 199.
A temporary taking, however, should be distinguished from a temporal regulation that affects the use of the property only during a certain time period. In the 1997 Boise Cascade case, the court considered an Oregon Board of Forestry rule that prohibited harvest in certain areas during certain times of the year, in order to protect the Northern Spotted Owl. Because the challenged regulation prohibited harvesting only during certain months of the year and did not prohibit harvesting during the balance of the year, the allegations did not state a takings claim. Boise Cascade, 325 Or at...
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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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