Oregon Easements, Landlocked Property and Eminent Domain (2026)

In Oregon, a prescriptive easement takes ten years of open and notorious use, adverse to the owner, that is continuous and uninterrupted, and the claimant must prove it by clear and convincing evidence (Thompson v. Scott, Oregon Supreme Court, 1974). On the eminent domain side, ORS 35.015 bars a public body from condemning a home, business, farm or forest operation that it intends at the time to convey to another private party, with exceptions for dangerous property and for transportation and utility projects.

This page covers both halves of Oregon law: easements between private landowners first, then the government's power to take private property. For other states, see our guide to easement laws by state.

Information last verified on 2026-10-19. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Oregon statutes, case law and constitutional provisions on private easements (ORS chapters 12, 93, 105 and the county way-of-necessity procedure in ORS 376.150 to 376.200) and on the condemnation of private property (Oregon Constitution article I, section 18 and ORS chapter 35). It does not cover adverse possession of title (see Oregon squatters' rights), HOA covenants, zoning or regulatory takings, conservation and solar easements, federal condemnation (see eminent domain laws by state), or city and county ordinances.

Oregon Easements at a Glance

An easement is a right to use someone else's land for a limited purpose, most often a road or driveway across a neighbor's parcel. In Oregon, easements come up in four main ways on this page: a written grant, long use (prescription), a county-ordered way of necessity for landlocked land, and shared maintenance of an existing easement.

Express Easements: Writing and Recording

Oregon's statute of frauds covers any "estate or interest in real property." Other than a lease for a term of one year or less, such an interest can be created or transferred only by operation of law or by a written conveyance or other instrument signed by the party creating or transferring it, or by that party's agent under written authority (ORS 93.020(1)).

An instrument creating an easement that is signed by the person from whom the interest passes, and acknowledged or proved like other conveyances, "may be indexed and recorded in the records of deeds of real property in the county where such real property is located" (ORS 93.710(1)). Recorded easements are part of the county deed records an owner or buyer can search; see Oregon property records for how to look up a parcel.

How Long Does a Prescriptive Easement Take in Oregon?

Ten years. No Oregon statute on this page lists the elements; they come from case law. The Oregon Supreme Court held in Thompson v. Scott (1974): "In order to establish an easement of way by prescription the plaintiffs must establish an open and notorious use of defendants' land adverse to the rights of defendants for a continuous and uninterrupted period of ten years."

The same court held that a claimant "must make out their case by clear and convincing evidence, that is, that 'the truth of the facts was highly probable.'" Proof can be aided by a presumption. In Feldman v. Knapp (1952), the Oregon Supreme Court held that on the facts there "a presumption arose that the user ... of this driveway was adverse and under a claim of right," that the burden was on the owners to rebut it, and that "Evidence of mere acquiescence in, as distinguished from permission for, such use on the part of the owners of the servient estate is insufficient for the purpose."

The ten-year period matches the limitation period ORS 12.050 sets for an action "for the recovery of real property, or for the recovery of the possession thereof." The chapter 12 limitation periods do not apply to actions brought by the state, a county or another public corporation (ORS 12.250), and a separate statute bars acquiring railroad property by adverse possession (ORS 105.618). For other Oregon filing deadlines, see the Oregon statute of limitations.

A prescriptive easement gives a right to use land, not ownership of it. Claiming title to the land itself is adverse possession, a separate doctrine with its own statute and elements; see Oregon squatters' rights and adverse possession.

Permission and Preventing a Prescriptive Easement

Permission is the central defense in the cited Oregon case law. Where use of the owner's land begins with permission, the Oregon Supreme Court held that "the permissive character of the use is deemed to continue thereafter unless the repudiation of the license to use is brought to the knowledge of the servient owner" (Thompson v. Scott). Use that stays permissive is not adverse, so it does not satisfy the ten-year test. Tolerating a neighbor's use is not the same as giving permission (Feldman v. Knapp).

Oregon's property chapters (ORS chapters 93 and 105) contain no procedure for blocking prescription by posting a sign or recording a notice. One statute protects owners who allow certain uses: under ORS 105.692, permitting people to use land for recreational purposes, gardening, woodcutting or harvesting special forest products does not give them "a right to continued use of the land for those purposes without the consent of the owner," and allowing the public such use without posting or fencing does not raise a presumption that the owner intended to dedicate the land to public use. The statute does not reduce public rights to use land for recreational purposes that existed before October 5, 1973, or public rights to use land for woodcutting that existed before October 3, 1979.

Landlocked Property: Oregon's Way of Necessity

Oregon has a statutory procedure, run by counties, for land without access. ORS 376.150(2) defines a "way of necessity" as any of three things established under ORS 376.150 to 376.200:

• a road "to provide motor vehicle access from a public road to land that would otherwise have no motor vehicle access";
• a route "to provide utility service access from an existing service location to a service point that would otherwise have no utility service access"; or
• a route "to provide a continuation of preexisting sewer service to land that has access to a public road."

How the Petition Works

A landowner seeking a way of necessity "shall file a petition with the governing body of the county in which the land is located" (ORS 376.155(1)). The petition must include, among other contents, evidence that the petitioner "does not have an existing easement or right to an easement to provide access to a public road" and evidence that the petitioner "does not have any enforceable access to a public road" (ORS 376.155(2)(j), (k)). The petition must also state the petitioner's proposed compensation for the owners whose land the way would cross (ORS 376.155(2)(i)), and the county may require a deposit to cover its expenses (ORS 376.165).

An answer to the petition "must be filed within 30 days after receipt of service of the petition and report" (ORS 376.170).

The county governing body then decides "whether or not a need has been demonstrated for the granting of a way of necessity" (ORS 376.175(1)). Any order it enters must direct the petitioner to pay the costs and reasonable attorney fees incurred by each owner of land subject to the petition, and must set the compensation due to any owner whose land the way crosses and direct the petitioner to pay it (ORS 376.175(2)(e), (f)). In other words, the landlocked owner, not the neighbor, bears those costs. Ordered costs must be paid within 60 days after the order is entered, and when several landowners petition together, every petitioner granted use of the way is jointly and severally liable for them (ORS 376.175(4)).

Any party may contest any part of the county's order "in an appeal filed with the circuit court within 30 days after entry of the order of the county governing body" (ORS 376.175(5)). The 30-day window runs from entry of the county order. A county may instead adopt an ordinance giving its circuit court jurisdiction over ways of necessity; there the petition is filed with the court, the petitioner posts a bond or security deposit for the court-appointed investigation, and an appeal goes to the Court of Appeals (ORS 376.200).

Limits on a Way of Necessity

ORS 376.180 sets conditions. Among them, a way of necessity must:

• be located to cause the least possible damage to the land it crosses;
• not exceed 30 feet in width unless the county governing body authorizes more for engineering purposes;
• not be established if the property already has an existing enforceable access to a public road;
• not be established if the petitioner "could acquire an easement for access to a public road through other legal action";
• not be established for land subdivided or partitioned in violation of ORS chapter 92; and
• not be established for any land whose owner "had knowingly eliminated access to all public roads from the land by the sale of other land owned by the landowner."

A way across land owned by the state or a local government needs that body's consent, which it may not unreasonably withhold (ORS 376.185(1)). The statute's "other legal action" bar means the county procedure is a fallback: if a court route to an access easement exists, the county may not create a way of necessity.

Implied Easements When Land Is Divided

Courts can also find an easement implied when a parcel is divided. The Oregon Supreme Court held in Cheney v. Mueller (1971) that an easement may be implied in favor of either the seller or the buyer, but that implied easements "are not favored by the courts" and the claimant has the burden of establishing one. The court weighs the Restatement of Property factors, including the terms of the conveyance, how the land was used before it was conveyed, what the parties knew of that use, and "the extent of necessity of the easement to the claimant."

The necessity required is "less strict than that of absolute and indispensable necessity" but "should not be grounded in mere convenience," and "if the dominant land can be used without an easement by a reasonable expenditure the factor of necessity is lacking" (Cheney, quoting earlier Oregon Supreme Court decisions).

Maintaining a Shared Easement or Driveway

ORS 105.175(1) states: "The holders of an interest in any easement shall maintain the easement in repair." The cost is shared by each holder under any agreement the parties made for that purpose or any recorded instrument creating the easement (ORS 105.175(2)). If there is neither an agreement nor maintenance terms in a recorded instrument, the cost "shall be shared by each holder of an interest in the easement in proportion to the use made of the easement by each holder" (ORS 105.175(3)).

These rules cover private rights of way ("Easement" is defined as a private right of way in ORS 105.170(1)) and do not apply to rights of way used by railroads, pipeline companies, public utilities and other public-service providers to provide service (ORS 105.185). A holder who does not maintain as required, or who does not pay a share after written demand, can be sued for money damages, specific performance or contribution; "The prevailing party shall recover all court costs, arbitration fees and attorney fees," and any holder may ask the court to appoint an impartial arbitrator to apportion the cost (ORS 105.180).

A statutory way of necessity follows its own rule: the owner of the land it serves must maintain it and keep it passable, no county is required to maintain it, and only the county governing body can alter or vacate it (ORS 376.190).

How an Easement Ends

Because an easement is an interest in real property, a release generally must be made by a signed written instrument (ORS 93.020(1)). Oregon courts also recognize abandonment and extinguishment, but proof is demanding. In Shields v. Villareal (2001), the Oregon Court of Appeals held that a claim that an easement was abandoned must be proved by clear and convincing evidence, asking whether the holders "expressed or manifested an intent to make no further use of the easement," and noted the Supreme Court's statement that courts "are not inclined to favor forfeiture of easements unless the intent to abandon them plainly appears."

An easement can also be lost when the owner of the land it crosses adversely possesses it for 10 years. In Slak v. Porter (1994), a fence built across a deeded path in 1959 and maintained since extinguished that part of the easement, and the court said: "The construction of a fence or locked gate across an easement establishes the inconsistency of an adverse possessor's use." The recorded easement instrument may itself set terms for ending the easement.

Eminent Domain in Oregon

Eminent domain is the government's power to take private property for public use, with payment. For a comparison with other states and the federal rules, see our guide to eminent domain laws by state.

The Oregon Takings Clause

Article I, section 18 of the Oregon Constitution provides: "Private property shall not be taken for public use, nor the particular services of any man be demanded, without just compensation; nor except in the case of the state, without such compensation first assessed and tendered; provided, that the use of all roads, ways and waterways necessary to promote the transportation of the raw products of mine or farm or forest or water for beneficial use or drainage is necessary to the development and welfare of the state and is declared a public use."

Three points follow from the text. Compensation must be "first assessed and tendered" before a taking by any condemner other than the state. The proviso declares roads, ways and waterways for moving mine, farm and forest products, or water for beneficial use or drainage, to be a public use. And the clause speaks only of property "taken"; it has no separate clause for property that is damaged.

Can Oregon Take Property for a Private Developer?

In Kelo v. City of New London (2005), the U.S. Supreme Court held that takings under a city's economic development plan satisfied the Fifth Amendment's public use requirement, and added that "nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power."

Oregon's restriction is a statute, ORS 35.015, adopted by the voters as Ballot Measure 39 at the November 7, 2006 general election and in effect December 7, 2006 (compiled as Oregon Laws 2007, chapter 1), and amended in 2009. Under ORS 35.015(1), a public body "may not condemn private real property used as a residence, business establishment, farm or forest operation if at the time of the condemnation the public body intends to convey fee title to all or a portion of the real property, or a lesser interest than fee title, to another private party."

Subsection (2) states that the bar does not apply to condemnation of:

• property that constitutes a danger to the health or safety of the community for the reasons the statute lists, including contamination, dilapidated structures, and improper or insufficient water or sanitary facilities;
• timber, crops, topsoil, gravel or fixtures to be removed; or
• real property condemned "for maintenance, improvement, or construction of transportation facilities, transportation systems, utility facilities or utility transmission systems."

The statute has a timing rule too. A public body "may at any time publish notice that the public body intends to consider condemnation of a lot or parcel," and if the owner then conveys the lot or parcel to another private party before it is condemned, the bar does not apply for the time reasonably needed to condemn it (ORS 35.015(4)).

The bar covers only property in the listed uses (residence, business establishment, farm or forest operation) and only when the public body intends to convey an interest to another private party at the time of condemnation. Under ORS 35.015(6), a court decides compliance "independently ... without deference to any determination made by the public body," and if a taking does not comply, the owner is entitled to "reasonable attorney fees, expenses, costs and other disbursements reasonably incurred to defend against the proposed condemnation."

Private Companies That Can Condemn: Pipelines, Power Lines and Logging Roads

ORS 35.015 binds a "public body as defined in ORS 174.109," so it does not limit private companies that hold condemnation power under other statutes. Chapter 35 defines a "condemner" to include "a private corporation that has the power to exercise the right of eminent domain" (ORS 35.215(1)).

• Pipelines. A pipeline company that is a common carrier with rates or practices regulated by the federal government may condemn land or easements outside city limits "in such width as is reasonably necessary" for its purposes (ORS 772.510).
• Utility lines. Public utilities, electric cooperatives and transmission companies may condemn strips for their lines up to 100 feet wide, up to 300 feet for lines over 330,000 volts, and up to 50 feet for water or gas utilities (ORS 772.210).
• Transmission lines. An electric utility or transmission company proposing an overhead transmission line that will require condemnation must petition the Public Utility Commission for a certificate of public convenience and necessity, and in the condemnation case a certified copy of the order is "conclusive evidence" that the line is a public use (ORS 758.015). The section does not apply to lines built for a project permitted or licensed under other state or federal law (ORS 758.015(3)).
• Logging roads. A person who needs land to move logs or raw forest products may condemn a logging road, but not a homestead building or the homestead owner's land within 100 feet of it, and, except for an interest acquired by the state, the land reverts to the original owner if the use stops for two years (ORS 376.510, 376.515, 376.535).

A public condemner's resolution is "presumptive evidence" of public necessity (ORS 35.235(2)). A private condemner's filing creates only "a disputable presumption" of necessity, which the court decides "in a summary proceeding prior to trial" if it is raised (ORS 35.235(3), (4)).

Before a Condemnation Case Is Filed: Offer and Appraisal

Before condemning, a condemner may enter land to survey it after attempting actual notice to the owner or occupant (or posting notice); testing or sampling needs the owner's consent or a court order, and the owner is entitled to reasonable compensation for physical damage or substantial interference (ORS 35.220). ORS 35.346 then sets the pre-suit steps:

• At least 40 days before filing a condemnation action, the condemner "shall make a written offer to the owner or party having an interest to purchase the property or interest, and to pay just compensation therefor and for any compensable damages to remaining property" (ORS 35.346(1)).
• Unless the parties agree otherwise, the condemner must give at least 15 days' written notice of its appraisal inspection and invite the owner to accompany the appraiser (ORS 35.346(3)).
• The offer "shall be accompanied by any written appraisal upon which the condemner relied in establishing the amount of compensation offered." If the condemner determines just compensation is less than $20,000, it may instead give a written explanation of how it valued the property (ORS 35.346(2)).
• The owner "has not less than 40 days from the date the owner receives the written offer" to accept or reject it (ORS 35.346(4)).
• An owner who rejects the offer and obtains a separate appraisal must give the condemner a copy at least 60 days before trial or arbitration; an appraisal not exchanged as required cannot be used at trial or in arbitration (ORS 35.346(4), (5)(a)).
• After a condemnation action is filed, the owner may elect binding arbitration if the total compensation claimed by any party does not exceed $20,000, with notice to the condemner at least 90 days before the scheduled hearing. With binding arbitration there is no trial de novo and, apart from a motion to vacate, modify or correct the award filed within 20 days, no appeal. If the claim exceeds $20,000 but is less than $50,000, the owner may elect nonbinding arbitration (ORS 35.346(6)).

Immediate Possession and the 10-Day Objection Deadline

A defendant may object to immediate possession of property by a public condemner "by filing a written objection with the court within 10 days after notice is served on the defendant" (ORS 35.352). The only issues the court may consider on that objection are whether the condemnation is legal and, subject to a presumption set elsewhere in chapter 35, whether the public condemner acted in bad faith, engaged in fraud or abused its discretion under a delegation of authority. The 10-day window is short, and an objection outside those two issues is not one the court may consider at that stage.

A public condemner that needs immediate possession deposits its estimate of just compensation with the court (ORS 35.265(1)). If no objection is filed within the 10 days, it may file an order confirming its possession (ORS 35.352(3)); filing or not filing an objection does not by itself affect the legal defenses an owner raises in the answer (ORS 35.352(6)). A private condemner may ask the court for an order to occupy the property, and the court may require a deposit or a surety bond (ORS 35.275).

An owner may withdraw a deposit "without waiving rights of appeal" (ORS 35.285(2)), but an owner who withdraws the compensation awarded by the court or jury "waives the right of appeal" (ORS 35.365). An appeal does not stop the condemner from taking possession (ORS 35.355).

Owner Deadlines and Traps at a Glance

Attorney Fees and Costs

Chapter 35 awards an owner's fees in these situations, each set by its own section:

• Trial or arbitration on compensation. ORS 35.346(7) directs the court or arbitrator to award the defendant costs and disbursements, including reasonable attorney fees and reasonable expenses, "in the following cases, and no other": (a) if the just compensation assessed by the verdict exceeds the highest written offer in settlement the condemner submitted before the action was filed, or (b) if the court finds the condemner's first written pre-suit offer "did not constitute a good faith offer of an amount reasonably believed by condemner to be just compensation."
• Offer of compromise. After filing, a condemner may serve an offer of compromise no later than 10 days before trial, and the owner has three days to accept by filing an acceptance. If the owner does not accept and then fails to obtain a judgment more favorable than the offer, the owner may not recover fees, costs or expenses incurred on and after service of the offer, and the court gives the condemner its costs and disbursements incurred after service (ORS 35.300).
• Abandonment. If the condemner abandons the action, "the court shall enter judgment in favor of the defendant for costs and disbursements in the action and for reasonable attorney fees and reasonable expenses as determined by the court" (ORS 35.335(1)). Expenses means appraisal costs and expert fees; a condemner that does not file an election not to take within 60 days after the verdict is treated as electing to take the property (ORS 35.335(2), (3)).
• Appeal. A defendant who prevails on an appeal recovers costs and disbursements, "including a reasonable attorney fee to be fixed by the court" (ORS 35.355).
• A taking that violates ORS 35.015. The owner recovers the fees and expenses of defending against it (ORS 35.015(6)).

Relocation Assistance

When a public entity's program or project will result in acquiring real property, ORS 35.510 requires the entity to "provide fair and reasonable relocation payments and assistance to or for displaced persons as provided under sections 202, 203, 204 and 206 of the Federal Act." Except in an emergency, a displaced person cannot be required to move without at least 90 days' written notice, and not until the entity gives written notice of all costs and allowances the person may become entitled to (ORS 35.505(2)). An applicant receives a written decision on relocation benefits; a person aggrieved by it is entitled to a hearing, and the hearing notice must be served within 180 days of receipt of the written decision (ORS 35.520). These duties also bind a private corporation with condemnation power (ORS 35.500(3)). The federal Uniform Relocation Act's payment amounts and rules are covered in the eminent domain laws by state guide.

Right to Repurchase

When a condemner acquires real property by judgment in a condemnation action, ORS 35.385(2) requires the court either to specify "a reasonable period within which the real property must be used by the condemner for a public purpose or specify a 10-year period," and provide that the right of repurchase may be exercised under ORS 35.385 to 35.415, or to specify that the owner has waived the right of repurchase. The same choice must be written into an agreement when the condemner buys the property after adopting its condemnation resolution and before judgment (ORS 35.385(1)). If such an agreement omits it, the former owner may repurchase once 10 years have passed since the transfer and the property has not been used for a public purpose, except for property acquired for transportation facilities or systems (ORS 35.385(4), (5)).

If the condemner does not use the property within the period, it must offer it back; the price for the property is the compensation and damages paid plus interest at 7 percent a year from the conveyance, with a different formula when only a portion is offered (ORS 35.390). An offer for the entire parcel must be accepted within 30 days or the right ends (ORS 35.400(3)(a)). The repurchase rules do not apply once the property is used for the purpose for which it was acquired, or to a tract where the compensation and damages paid were less than $1,000 (ORS 35.415(3)).

How Just Compensation Is Measured

The Oregon Supreme Court has held that for a total taking, just compensation "is measured by the fair cash market value of the land, as enhanced by the value of the improvements thereon that are considered a part of the realty, valued to its highest and best use," and that when only part of a tract is taken, "consequential damages to that portion not taken, if any, are recoverable by the owner, in addition to the fair cash market value of the part appropriated" (State Highway Commission v. Superbilt Manufacturing Co., 1955). Market value is what the land would bring from a seller who wants to sell but is not obliged to, to a buyer who is willing but not obliged to buy (same case).

At trial, "neither party shall have the burden of proof of just compensation" (ORS 35.305(2)). When a public condemner deposits its estimate of just compensation with the court, no interest is allowed on the deposited amount in the judgment (ORS 35.265(3)). The valuation date and the treatment of business losses are outside this page.

Inverse Condemnation

When government physically occupies property without filing a condemnation case, the owner's claim for compensation is an inverse condemnation claim. The Oregon Supreme Court held in Walton v. Neskowin Regional Sanitary Authority (2024) that such a claim was "subject to the six-year limitations period established by ORS 12.080(3)" and that, on the facts there, it "accrued when defendant installed the sewer lines," so a claim filed about two decades later was time barred.

Oregon Easement and Eminent Domain Rules: Summary

Related Oregon Property Guides

• Easement laws by state
• Eminent domain laws by state
• Oregon squatters' rights and adverse possession
• Oregon property records
• Oregon statute of limitations

Disclaimer: This article provides general legal information about Oregon easement and eminent domain law. It is not legal advice. For a specific situation, contact a lawyer licensed in Oregon or the public agency involved.

Last updated: 2026-10-19.

Frequently Asked Questions

How long does it take to get a prescriptive easement in Oregon?

Ten years. The Oregon Supreme Court requires open and notorious use, adverse to the owner's rights, for a continuous and uninterrupted period of ten years, proved by clear and convincing evidence (Thompson v. Scott, 1974). Use that began with permission does not count unless the repudiation of that permission is brought to the owner's knowledge. The chapter 12 limitation periods do not apply to actions by the state, counties or other public corporations (ORS 12.250).

What can I do if my land is landlocked in Oregon?

ORS 376.155 lets a landowner petition the county governing body for a way of necessity to a public road. A county may transfer this procedure to its circuit court by ordinance (ORS 376.200). The petitioner pays the compensation set plus the neighboring owners' costs and reasonable attorney fees (ORS 376.175), and no way may be established if the land already has enforceable access or the petitioner could acquire an access easement through other legal action (ORS 376.180). Courts can also recognize an implied easement when land is divided, though implied easements are not favored (Cheney v. Mueller, 1971).

How wide can a way of necessity be in Oregon?

Not more than 30 feet, unless the county governing body authorizes a greater width for engineering purposes (ORS 376.180(6)). It must also be located to cause the least possible damage to the land it crosses (ORS 376.180(1)).

Who pays to maintain a shared easement or driveway in Oregon?

The holders of an interest in an easement must keep it in repair (ORS 105.175(1)). Costs are shared under any agreement or the recorded instrument creating the easement, and without either, in proportion to each holder's use (ORS 105.175(2), (3)). These rules cover private rights of way, not rights of way used by public-service providers (ORS 105.185), and the prevailing party in a suit to enforce them recovers court costs, arbitration fees and attorney fees (ORS 105.180).

How do I stop someone from getting a prescriptive easement in Oregon?

Under Thompson v. Scott (Or. 1974), use that begins with permission is treated as permissive unless the user's repudiation of that permission is brought to the owner's knowledge, and permissive use does not meet the adverse-use element. Mere acquiescence is not permission (Feldman v. Knapp, 1952). ORS chapters 93 and 105 contain no posted-sign or recorded-notice procedure, but under ORS 105.692 permitting recreational, gardening, woodcutting or special-forest-product use gives no right to continued use without the owner's consent.

Can Oregon take my home for a private developer?

ORS 35.015(1) bars a public body from condemning private real property used as a residence, business establishment, farm or forest operation if, at the time of condemnation, it intends to convey an interest in it to another private party. The bar does not apply to the categories in subsection (2), including property that is a danger to community health or safety and property condemned for transportation or utility facilities and systems. It binds public bodies, not private companies with condemnation power, and subsection (4) lets a public body lift the bar by published notice if the owner later conveys to another private party.

Can Oregon use eminent domain for a pipeline or utility line?

Private companies can hold condemnation power under other statutes, and ORS 35.015 does not limit them because it applies to public bodies; it also excepts utility facilities and transmission systems (ORS 35.015(2)(c)). A federally regulated common-carrier pipeline company may condemn land or easements outside city limits in such width as is reasonably necessary (ORS 772.510). Utilities and transmission companies may condemn strips generally up to 100 feet wide, 300 feet for lines over 330,000 volts and 50 feet for water or gas utilities (ORS 772.210), and an overhead transmission line that needs condemnation generally requires a Public Utility Commission certificate first (ORS 758.015).

How long do I have to respond to an Oregon condemnation offer?

The owner has not less than 40 days from receiving the condemner's written offer to accept or reject it, and the offer must come at least 40 days before the condemnation action is filed (ORS 35.346(1), (4)). An owner who gets a separate appraisal must give the condemner a copy at least 60 days before trial or arbitration or it cannot be used (ORS 35.346(4), (5)(a)).

Does the government pay attorney fees in an Oregon eminent domain case?

In several situations set by separate sections. After a trial or arbitration fixing compensation, ORS 35.346(7) awards fees if the verdict exceeds the condemner's highest written pre-suit settlement offer or the first offer was not a good faith offer. An owner who does not accept a post-filing offer of compromise and then fails to beat it cannot recover fees incurred after it was served (ORS 35.300). Fees are also awarded if the condemner abandons the action (ORS 35.335(1)), the owner prevails on appeal (ORS 35.355) or a court finds the taking violates ORS 35.015 (ORS 35.015(6)).

How is just compensation determined in Oregon?

Article I, section 18 of the Oregon Constitution requires just compensation, first assessed and tendered except when the state is the condemner. The Oregon Supreme Court measures compensation for a total taking by fair cash market value at the land's highest and best use, and in a partial taking adds damages to the remaining land (State Highway Commission v. Superbilt Manufacturing Co., 1955). Neither side has the burden of proving just compensation at trial (ORS 35.305(2)). A claim for compensation for a physical occupation without condemnation was held subject to the six-year period in ORS 12.080(3) (Walton v. Neskowin Regional Sanitary Authority, 2024).