Walton v. Neskowin Regional Sanitary Authority

A six-year statute of limitations applies to inverse condemnation claims and the statute beings to run when the physical taking occurs.

Plaintiffs appealed the trial court’s ruling to dismiss their complaint for inverse condemnation. Plaintiffs assigned error to the trial court’s ruling that the six-year statute of limitations applies to their claim. Plaintiffs argued that no statute of limitations should apply to a physical taking of property by the government or in the alternative if so, the statute should begin to run when defendant refuses to pay just compensation. Defendant argued that the six-year statute of limitations does apply, and that the statute runs at the time physical taking occurred. A six-year statute of limitations applies to inverse condemnation claims and the statute beings to run when the physical taking occurs. The court held that the trial court appropriately dismissed Plaintiff’s claim. The Court reasoned that the claim was not brought within the six-year period after the taking had occurred, and that it was constitutional to apply a six-year statute of limitations. Affirmed.