Morrison v. Clackamas County

The facts alleged in the complaint show that the property of plaintiff was, by reason of the construction of the jetty by the county, subjected to the destruction alleged for a public use, namely, to protect the county highway and the county bridge, without just compensation. We think the use or destruction of the property amounted to a taking for public use within the meaning of article I, section 18 of the constitution of Oregon. The action of the •’county constituted a taking within the meaning of the constitution just as much as if the county had taken the dirt or soil which was washed…