Oregon Supreme Court

Walton v. Neskowin Regional Sanitary Authority

May 23, 2024

Summary

The Oregon Supreme Court held that an inverse-condemnation claim based on the physical occupation of property is subject to the six-year limitations period for interference with or injury to an interest in real property. The claim accrued when the sewer lines were installed, because the physical occupation created an actionable taking without requiring a prior demand for compensation and refusal by the governmental entity. Because the lines were installed by 1995 and the complaint was filed in 2017, the claim was time barred, and the court affirmed.