Walton v. Neskowin Regional Sanitary Authority

Under ORS 12.080, takings claims have a six-year statute of limitations; the statute of limitations begins to run when the physical occupation begins. Suess Builders v. City of Beaverton, 294 Or 254, 268, 656 P2d 306 (1982); The Foster Group, Inc. v. City of Elgin, Oregon, 264 Or App 424, 442, 332 P3d 354 (2014).

Petitioners appealed “a limited judgment dismissing their complaint and a supplemental judgment awarding” Neskowin Regional Sanitary Authority (NRSA) a money award.  Petitioners assigned error to the trial court’s conclusion that a six-year statute of limitations applies to inverse condemnation actions.  On appeal, Petitioners argued that either no statute of limitations applied to physical-occupation takings claims or the statute of limitation began running when NRSA refused to pay just compensation.  In response, NRSA asserted that the six-year statute of limitations applied and that the statute of limitations ran “from the time the taking occurred.”  Under ORS 12.080, takings claims have a six-year statute of limitations; the statute of limitations begins to run when the physical occupation begins.  Suess Builders v. City of Beaverton, 294 Or 254, 268, 656 P2d 306 (1982); The Foster Group, Inc. v. City of Elgin, Oregon, 264 Or App 424, 442, 332 P3d 354 (2014).  The Court found that all of Petitioners’ arguments were barred by existing case law; their action was filed after the limitation period expired.  The Court held that the trial court did not err in granting NRSA’s motion for summary judgment.  Affirmed.