This post re-explores some of the basic concepts surrounding the constitutional right to “just compensation,” which is one of the foundations of condemnation law. What is “just compensation”? When the government takes private property for a public use, it is constitutionally required to pay the property owner “just compensation” for the property.  Just compensation embodies ..read more

TriMet is moving forward with its Southwest Corridor Light Rail Project. The “mega-project” will extend over 11 miles of new light rail or “MAX” line from downtown Portland to Bridgeport Village. The Project will also result in the construction of 13 new light rail stations and new park and ride lots accommodating up to 3,600 ..read more

In an effort to educate property owners on the eminent domain process under Oregon law and their rights to just compensation, Olsen Barton has published the Oregon Property Owners’ Handbook: Eminent Domain and Just Compensation Under Oregon Law.  While it is available in hard copy, in an effort to make it easily accessible we have ..read more

The $1.3 billion Willamette Water Supply System is a massive project which will result in the taking of parts of a significant number of properties across the western part of the Metro area. The Project is a joint effort of the Tualatin Valley Water District, the City of Hillsboro, and the City of Beaverton.  In ..read more

From all indications, TriMet has begun filing condemnation actions against property owners with whom it has not reached “agreement” on its Division Transit Project. The $175 million Division Transit Project calls for the permanent and temporary taking of parts of over 140 properties along the 15-mile Division Street corridor from downtown Portland to Gresham for ..read more

On June 6 & 7, 2019, The Seminar Group will present its Oregon Eminent Domain Seminar.  The seminar will include an overview of and update on Oregon and federal eminent domain and land valuation litigation, with an emphasis on special appraisal problems in eminent domain cases and recent relevant court decisions.  More information on the ..read more

On June 20, 2018, in Tri-County Metropolitan Transportation District v. Walnut Hill, LLC, 292 Or App 417 (2018), the Oregon Court of Appeals affirmed the verdict of a Clackamas County jury against TriMet for a taking related to its Portland Milwaukie Light Rail Project.  At the trial court level, the jury returned a just compensation ..read more

A big thanks to the Appraisal Institute – Greater Oregon Chapter for hosting the January 20, 2017 seminar entitled “Preparing Appraisals for Condemnation Assignments, and How to Improve Skills as an Expert Witness.”  I was honored to present the day-long seminar alongside Don Palmer, MAI, of Appraisal & Consulting Group LLC.  Don is one of the deans ..read more

The City of Lake Oswego is moving forward with its Boones Ferry Road Project, which calls for the widening of Boones Ferry Road from Madrona Street to the Oakridge Road/Reese Road intersection, together with associated public improvements.  As set forth on the Project’s website, the Project includes:   Four vehicular travel lanes Landscaped medians with vehicular turn lane improvements New, safer sidewalks ..read more

On September 30, 2015, the Federal Energy Regulatory Commission (FERC) issued its Final Environmental Impact Statement (FEIS) for the Jordan Cove Energy and Pacific Connector Gas Pipeline Project.  The FEIS is the culmination of years of study and debate regarding this massive LNG project, and sets the stage for FERC issuing a Certificate of Public ..read more