State of Oregon, by and through its Department of Transportation v. Albert A. Alf and/or Grace E. Alf, trustees of the Alf Trust, et al.

Condemnation Action - The property in question is located on the corner of Highway 99 and Clairmont Street in McMinnville. In 1947, the state acquired an 18-foot-wide right-of-way along the portion of the property adjacent to the highway. In 1954, the owners of the property constructed a drive-in restaurant, Alf's Ice Cream, on the property. The owners used the land located within the state's right-of-way for restaurant parking and for direct access to Highway 99. In 1989, the state announced its intentions to make use of its right-of-way and to condemn additional property to widen the highway, although actual condemnation proceedings were not commenced until several years later. Meanwhile, the owner of the property was no longer interested in operating the restaurant and sold the property. All parties were aware of the impending condemnation. The final sale price was $75,000, with defendants to retain any proceeds from the anticipated condemnation. In December 1995, the state initiated this condemnation action.

The property taken, including the easement, totaled approximately 703 square feet, for which the state offered, and deposited with the court, $3,700. At trial, the state's appraiser testified that the value of the property taken amounted to $1,900. Defendants took the position that they were entitled to approximately $64,000. Defendants' appraiser offered testimony that the value of the 703 square feet of property taken was $4,132 and that the damage to the value of the remaining property resulting from the loss of access and the increased cost of constructing replacement parking totaled nearly $60,000.

The jury returned a verdict for defendants in the amount of $4,371.

Unknown

Unknown

The Court of Appeals of the State of Oregon, affirmed. See: ___ P.2d ___ , 165 Or. App. 162 (2000). Note: The above date reflects the appellate court decision date, not the original trial date. Reported by JAB.