2015 ORS 20.085¹
Costs and attorney fees in inverse condemnation proceedings

In a proceeding brought under section 18, Article I or section 4, Article XI of the Oregon Constitution by an owner of property or by a person claiming an interest in property, if the owner or other person prevails, the owner or other person shall be entitled to costs and disbursements and reasonable attorney fees at trial and on appeal. [1965 c.484 §1; 1981 c.897 §2; 1995 c.79 §8]

Notes of Decisions

A landowner who successfully ap­peals the amount of damages awarded when his land is burdened by a way of necessity is entitled to attorney fees. Brookshire v. Johnson, 274 Or 19, 544 P2d 164 (1976)

Where, in county court pro­ceed­ings, landowner successfully opposed proposed way of necessity across her land, she was not entitled to award of attorney fees and costs under this sec­tion. Knudsen v. Clatsop County Bd. of Comm., 45 Or App 351, 608 P2d 581 (1980), Sup Ct review denied

Where court found that there had not been inverse condemna­tion, and plaintiffs had all their land except that acquired by county by prescrip­tion, plaintiffs did not prevail and were not entitled to attorney fees. Laudahl v. Polk County, 46 Or App 765, 613 P2d 92 (1980), Sup Ct review denied

Law Review Cita­tions

56 OLR 585 (1977)


1 Legislative Counsel Committee, CHAPTER 20—Attorney Fees; Costs and Disbursements, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors020.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 20, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano020.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.