Property Rights

ORS 105.855
Requirement to compensate commercial property owners for reduced value of property caused by street use restriction

  • effect of other access to property


Whenever after January 1, 1973, a city or mass transit district, whether or not acting pursuant to its police powers or condemnation authority, restricts use of the street traffic lane immediately adjacent to a sidewalk abutting commercial property to public conveyances and the existing access to that property by the general public by means of private conveyances is thereby prohibited or materially restricted for more than six hours in any 24-hour period, the city or mass transit district shall be liable for and shall pay the difference between the fair market value of the property prior to the restriction and the fair market value of the property subsequent to the restriction, taking into account any special benefits to the property resulting from improvements made by the city or mass transit district in connection with the restriction. The fact that other access to the property from a public way is available shall relieve the city or mass transit district from liability if the other access is reasonably equal to the access prohibited or materially restricted. [1973 c.702 §2]

Notes of Decisions

Contravening methods of determining difference in fair market value of property may be presented to, and decided upon by, trier of fact. Tri-Met v. Posh Ventures, LLC, 244 Or App 425, 261 P3d 33 (2011)

City's or mass transit district's restriction of street traffic lane does not constitute compensable taking of property under Article I, section 18 of Oregon Constitution. Tri-Met v. Posh Ventures, LLC, 244 Or App 425, 261 P3d 33 (2011)

Chapter 105

Atty. Gen. Opinions

Private process server in a forcible entry and detainer action, (1975) Vol 37, p 869


Source

Last accessed
Jun. 26, 2021