State of Oregon, et al. v. Kenneth R. Hughes, et al.

Condemnation - Defendants own land along the
Columbia River Highway between Warren and Columbia City in
Columbia County. They operate a business selling and servicing
motorcycles, personal watercraft and other equipment on the
property. Plaintiff condemned part of defendants' land and
acquired easements over it to allow the Oregon Department of
Transportation (ODOT) to widen the highway adjacent to defendants'
business.

Work began on the highway project after the condemnation action
was filed on January 5, 1996, but before trial began on August 12,
1997. As part of the project, soil was excavated from the portion
of defendants' property that is involved in this action. During
the excavation, it was discovered that the property was
contaminated with hazardous materials. Neither party was aware of
the contamination at the time that the condemnation action was
filed.

Awarded $53,000 for the condemnation action and $23,550.53, which was later reduced to $17,723.75 for costs and attorney's fees.

Unknown

Unknown

Reversed and remanded by the Court of Appeals of Oregon. See: 162 Or. App. 414 (1999), ___ P.2d ___. Note: The above date reflects the appellate court decision date, not the original trial date. Reported by kkm. Processed JF