State Department of Transportation v. Stafford

Plaintiff in this condemnation action appeals from an award of attorneys fees to defendants pursuant to ORS 35.346(2).1

While the sole issue is the allowance of attorneys fees to the condemnees, a brief summary of the facts is necessary to an understanding of our resolution of the issue. On February 3, 1974, a landslide occurred at "Silver Point” in the vicinity of defendants’ property, depreciating its value. On June 14, 1974, plaintiff commenced condemnation proceedings against defendants. Thirty days prior to trial, plaintiff offered defendants $15,000 for their property, but defendants,…