Braat v. Andrews

This is an action brought by plaintiffs to condemn an easement across defendants’ land. Judgment was entered in favor of defendants. Plaintiffs appeal, contending that the trial court erred in entering an order nunc pro tunc which, awarded defendants their attorney fees.

Plaintiffs, relying upon OES 772.305, ① Art. I, § 18 of the Oregon Constitution, ② and OES Chapter 35 as amended in 1971, sought to condemn an easement across defendants’ land for an irrigation pipeline. Defendants interposed a demurrer to plaintiffs’ complaint, which was sustained on the ground that since plaintiffs were…