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]

Source: Section 20.085 — Costs and attorney fees in inverse condemnation proceedings, https://www.­oregonlegislature.­gov/bills_laws/ors/ors020.­html.

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

20.075
Factors to be considered by court in awarding attorney fees 20.077
Determination of prevailing party 20.080
Attorney fees for certain small tort claims 20.082
Attorney fees for small contract claims 20.083
Award of attorney fees under void contract, under unenforceable contract or to person who is not party to contract 20.085
Costs and attorney fees in inverse condemnation proceedings 20.094
Attorney fees in actions or suits in which discharge in bankruptcy asserted 20.096
Reciprocity of attorney fees and costs in proceedings to enforce contract 20.097
Attorney fees and costs where defendant prevails in certain proceedings to enforce contract 20.098
Attorney fees and compensation of expert witnesses in certain proceedings for breach of warranty 20.105
Attorney fees where party disobeys court order or asserts claim, defense or ground for appeal without objectively reasonable basis 20.107
Attorney and expert witness fees and other costs on claim of unlawful discrimination 20.115
Service expenses recoverable as costs and disbursements 20.120
Costs on review of decision of officer, tribunal, or court of inferior jurisdiction 20.125
Assessment of costs and attorney fees against attorney causing mistrial 20.130
Proceeding to which state or public corporation is party 20.140
State and certain public corporations not required to advance costs 20.150
Recovery of costs and disbursements when party represented by another 20.180
Effect of tender as to costs 20.190
Prevailing party fees 20.220
Appeal on attorney fees and costs 20.310
Costs and disbursements in Supreme Court or Court of Appeals 20.320
Statement of costs and disbursements 20.330
Costs and disbursements in cases of original jurisdiction 20.340
Contingent fee agreement
Green check means up to date. Up to date

Current through early 2024

§ 20.085’s source at oregon​.gov