State ex rel. Department of Transportation v. Delta Inn, Inc.

This case arises from a condemnation proceeding in which plaintiff, the Oregon Department of Transportation (ODOT), exercised its power of eminent domain to acquire interests in real property from defendant, Delta Inn, Inc. (Delta), in connection with improvement of a highway interchange in Wilsonville. Delta appeals from the trial court’s determination that ODOT was entitled to costs and disbursements under ORS 35.346 (1995) on the basis that ODOT made a written settlement offer that exceeded the amount of just compensation assessed by the jury’s verdict. Delta argues that it — not ODOT — is…