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DEPT. OF TRANS. v. SOUTHERN PACIFIC TRANS.

16-82-05852; CA A37221.

749 P.2d 1233 (1988)

89 Or.App. 344

STATE OF OREGON, by and through Its Department of Transportation, Appellant, v. SOUTHERN PACIFIC Transportation Company, a Delaware Corporation, Respondent, Bankers Trust Company, a New York Corporation, and E.L. Whitmer, Inc., an Illinois Corporation, Defendants.

Court of Appeals of the State of Oregon.

Decided February 10, 1988.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for respondent. With him on the brief were Robert E. Maloney, Jr., Charles F. Hudson, Lindsey H. Hughes, and Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

David Schuman, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Solicitor General, Salem.

Before BUTTLER, P.J., JOSEPH, C.J., and WARREN, J.

JOSEPH, Chief Judge.

In this condemnation case, the Oregon Department of Transportation (ODOT) appeals a judgment in favor of Southern Pacific Railroad (SP) for $245,733, plus $130,794.08 in attorney fees and costs and disbursements. We affirm.

SP owns a railroad right-of-way in Lane County, part of which is approximately two miles long and sixty feet wide. It lies between two streets or highways. ODOT declared that the property was needed for public use,...

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