Dept. of Transportation v. Stallcup

The issue in this condemnation case is whether ORS 35.346(5)(b) requires the parties to a condemnation action to disclose every written opinion of value prepared by an appraiser, including draft appraisals and other preliminary reports. After the condemnation trial below, the state moved, pursuant to ORCP 71 B and C, to set aside the judgment based upon newly discovered evidence that petitioner had not disclosed a certain report that, the state claimed, was an “appraisal” subject to mandatory disclosure under ORS 35.346(5)(b). The trial court denied that motion, because it concluded that the…