2015 ORS 374.055¹
Evidentiary purposes of improvement plan

In any proceeding in eminent domain evidence of the entire plan of improvement is admissible for the purpose of determining:

(1) Value of property taken.

(2) All damages by reason of deprivation of right of access to any highway to be constructed, established or maintained as a throughway.

(3) The damages which, if the property sought to be condemned constitutes a part of a larger parcel, will accrue to the portion not sought to be condemned by reason of its severance from the portion sought to be condemned and by reason of the construction of the improvement in the manner proposed.

Notes of Decisions

In condemna­tion cases, evidence of the entire plan of improve­ment, including future plans contemplated but not presently to be imple­mented, must be considered by the jury in determining damages. State Hwy. Comm. v. Mayem, 19 Or App 234, 526 P2d 1390 (1974), Sup Ct review denied

Law Review Cita­tions

8 WLJ 261 (1972)


1 Legislative Counsel Committee, CHAPTER 374—Control of Access to Public Highways, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors374.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 374, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano374.­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.