This article originally appeared in the August 2017 edition of the Oregon Real Estate and Land Use Digest, Volume 39, No. 4, a publication of the Oregon State Bar Section on Real Estate and Land Use.
The Court of Appeals recently weighed in on the “ripeness” of claims for inverse condemnation and to interpret a judgment issued after a prior condemnation trial under the Uniform Declaratory Judgments Act. The case demonstrates the importance to both a condemner and property owner of clearly and unambiguously describing the scope of a taking in the conveying document – in this case a condemnation judgment.
The regulatory saga of the West Linn Corporate Park appears to be over – the US Supreme Court issued an order today declining to review the 9th Circuit’s decision in the case largely putting an end to the litigation that began in 2001. The order leaves in place the 9th Circuit’s unpublished opinion that affirmed in part, reversed and remanded in part and dismissed in part a Federal district court opinion. The only issues still alive appear to be the requirement for the District Court to reapportion some attorney’s fees.
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