Attorney Fees

ORS 20.085
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


Last accessed
Mar. 11, 2023