Douglas County v. Brown

This appeal involves a dispute as to the construction of ORS 35.346, which authorizes the awarding of attorney fees to landowners in condemnation proceedings under certain circumstances.

Defendant is a landowner whose property was taken by plaintiff Douglas County on April 14, 1977. "Just compensation” for the taking was determined by the jury in August, 1978. Defendant moved for the allowance of costs and attorney fees pursuant to this statute, contending that the amount determined by the jury exceeded the county’s highest offer to defendant made on March 31, 1978, more than 30 days prior to…