DEPT. OF TRANSPORTATION v. ALTIMUS

CV 89-137; CA A66578.

862 P.2d 109 (1993)

124 Or. App. 61

STATE of Oregon, By and Through its DEPARTMENT OF TRANSPORTATION, Respondent, v. Floyd Thomas ALTIMUS and Janice M. Church, Appellants, and Russell Olson, Defendant.

Court of Appeals of Oregon.

Decided October 20, 1993.


Attorney(s) appearing for the Case

Charles F. Hudson argued the cause for appellant. With him on the briefs were Robert E. Maloney, Jr., and Lane Powell Spears Lubersky.

Jas. Adams, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before RICHARDSON, C.J., and DE MUNIZ and LEESON, JJ.


DE MUNIZ, Judge.

In this condemnation action, defendants Altimus and Church (defendants) appeal from a jury verdict that awarded them $7,000 as "just compensation" for the state's taking of their land. The primary issue is whether the trial court erred in admitting evidence that a portion of the property could be subjected to a forced dedication policy if defendants sought annexation to a nearby city. We affirm.

Defendants owned a 13-acre parcel of undeveloped...

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