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ODOT v. HANSON

(93CV0082MS, 95CV0002MS; CA A95118 (Control), CA A95119)

987 P.2d 538 (1999)

162 Or. App. 38

STATE of Oregon, By and Through its DEPARTMENT OF TRANSPORTATION, Appellant—Cross-Respondent, v. Ron D. HANSON and Joni Hanson, aka Joni Kalina Hanson, husband and wife, Respondents—Cross-Appellants. Ron D. Hanson and Joni Hanson, Respondents—Cross-Appellants, v. State of Oregon, by and through its Department of Transportation, Appellant—Cross-Respondent.

Court of Appeals of Oregon.

Decided July 21, 1999.

Attorney(s) appearing for the Case

Mary H. Williams, Assistant Attorney General, argued the cause for the appellant— cross-respondent. With her on the briefs were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

John D. Sorlie argued the cause for respondents—cross-appellants. With him on the briefs was Bryant, Lovlien & Jarvis.

Charles F. Adams, Michael C. Robinson, Portland, and Stoel Rives LLP, filed a brief amicus curiae for Act III Theatres, Inc.

Before De MUNIZ, Presiding Judge, and LANDAU and WOLLHEIM, Judges.

LANDAU, J.

In a warranty deed granting the state an interest in real property, plaintiffs' predecessors expressly reserved an easement of access to a state highway. The state later denied plaintiffs the access that the deed expressly reserved. Plaintiffs demanded payment for the taking of their easement. The trial court held that the state must pay, and a jury awarded plaintiffs compensation for the taking. The trial court entered judgment for the award plus attorney...

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