In an October 16, 2012, blog entry, we noted that the Oregon Court of Appeals reversed an inverse condemnation award against the Oregon Department of Transportation (ODOT). On March 28, 2013, the Oregon Supreme Court has allowed a petition for review in an appeal of Hall v. ODOT, A146386, October 3, 2012. On review the issues are:
1. Does a plaintiff satisfy its burden of proof in a “blight takings” claim by proving that an alleged taking substantially interferes with the plaintiff’s property interest?
2. Does a plaintiff in a takings case under Article I, section 18, of the Oregon Constitution have to prove not only that the government intended to take the property for “public use,” but also that the government intended to take the property for the “public good”?