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.
Like a fly that can’t keep away from the flame, the U.S. Supreme Court has decided to add a Fifth Amendment Takings Clause case to its docket for 2016. More than 25 years have passed between the U.S. Supreme Court incursions into the use of the takings clause regarding conditions of approval in cases such as Dolan v. City of Tigard, Nollan v. California Coastal Commission, and the US Supreme Court’s 2013 decision Koontz v. St. Johns Water Management District. The Court has decided to wade back into the takings mire once again. Rather than dealing with efficacy of land use conditions, as with the issue as in Nollan, Dolan, and Koontz, this time the issue relates to the “parcel as a whole” rule.
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 The order leaves in place the 9th Circuit’s unpublished opinion that affirmed in part, reversed and remanded in part and dismissed in part a Federal district court opinion.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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