State v. Ganong
Oregon Supreme Court
From Clackamas: Robert Tucker, Judge. In Banc. The sole question involved in this appeal is, whether or not the defendants are entitled to attorneys’ fees in a condemnation proceeding brought by the state, to condemn a right of way for the Pacific Highway across defendants’ premises.
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From Clackamas: Robert Tucker, Judge. In Banc. The sole question involved in this appeal is, whether or not the defendants are entitled to attorneys’ fees in a condemnation proceeding brought by the state, to condemn a right of way for the Pacific Highway across defendants’ premises. It is urged by the state that no attorney’s fee is recoverable in a proceeding of this kind, where the state itself is a party plaintiff; and the state further contends that if such a fee is recoverable at all, there must be an allegation in relation thereto in the pleadings before the case is submitted to a…
1Opinion of the CourtBennett, J.
Section 6872, L. O. L., enacted by the legislature in 1905, authorized the state to commence proceedings for the appropriation of real property for public use, and contains the following, provision:
“The procedure in said suit, action>or proceeding, shall be, as far as applicable, the procedure provided for in and by the laws of this state for the condemnation of land or rights of way by public corporations or quasi public corporations for public use or for corporate purposes.”
Section 9 of Chapter 237, 1917 Laws, gives to counties, in the first instance, the right to bring proceedings *443to…
2Cases cited15 opinions
- Ramish v. HartwellCalifornia Supreme Court · 1899
- State v. CasedayOregon Supreme Court · 1911
- Oregonian Railway Co. v. HillOregon Supreme Court · 1881
- Warm Springs Irrigation Dist. v. Pacific Livestock Co.Oregon Supreme Court · 1918
- Columbia River Door Co. v. ToddOregon Supreme Court · 1918
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State Highway Commission v. KendrickOregon Supreme Court · 1961
- State v. HawkOregon Supreme Court · 1922
- Brand v. First Federal Savings & Loan Ass'n of FairbanksAlaska Supreme Court · 1970
- In re Frizzell's EstateOregon Supreme Court · 1920
- Manley Auto Co. v. JacksonOregon Supreme Court · 1925
17 more not listed; retrieve them via the Exa API.