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TRI-COUNTY METROPOLITAN TRANSPORTATION v. PGE

(C96-0474CV; CA A98567)

985 P.2d 222 (1999)

161 Or. App. 388

TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON, an Oregon municipal corporation, Plaintiff, v. PORTLAND GENERAL ELECTRIC COMPANY, an Oregon corporation, Defendant, and The Quadrant Corporation, a Washington corporation, Respondent, and The Estate of Harold Ray, Appellant, and Saibra Vickland Goldstein, Dorothy Holbertson, Rochelle Holbertson, Barbara Jean Mckalson, Haila H. Vickland, Mary Melody Vickland, Paul Melvin Vickland, Valerie Louise Vickland and Robin Ray Welch, Defendants.

Court of Appeals of Oregon.

Decided July 7, 1999.

Attorney(s) appearing for the Case

Susan C. Glen, Portland, argued the cause for appellant. With her on the briefs were Thomas H. Tongue and Dunn, Carney, Allen, Higgins & Tongue.

John J. Dunbar, Portland, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

LANDAU, P.J.

Our task in this case is to determine who owned a narrow strip of land that the Tri-County Metropolitan Transportation District (Tri-Met) condemned to make way for its Westside Light Rail Project. To the owner go the condemnation proceeds. Ownership is disputed on the basis of language in a 1960 deed granting title to a farm on which the strip is located "excepting" the narrow strip of land. Appellant, the successor...

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