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SCOTT v. STATE, STATE HIGHWAY COMMISSION

541 P.2d 516 (1975)

Helen R. SCOTT, Appellant, v. STATE of Oregon, by and through Its State Highway Commission, Respondent.

Court of Appeals of Oregon.

Decided October 20, 1975.

Attorney(s) appearing for the Case

Donald H. Coulter, Grants Pass, argued the cause for appellant. With him on the briefs were Myrick, Coulter, Seagraves & Nealy, Grants Pass.

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Martin, Bischoff, Templeton & Biggs and David P. Templeton, Portland, filed a brief amicus curiae for Don S. Willner.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.

FORT, Judge.

Plaintiff brought an inverse condemnation action claiming that the state of Oregon had taken an interest in her land as a result of the adoption of the Scenic Waterways Act, ORS 390.805-390.925, and that she should be compensated therefor in the amount of $25,000. Oregon Constitution, Art. I, § 18.1 The trial court held there had been no taking and dismissed plaintiff's complaint. She appeals.

The Scenic Waterways...

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