State v. Alderwoods (Oregon), Inc.

This is an eminent domain proceeding brought by the Oregon Department of Transportation (ODOT or the state) against defendant Alderwoods (Oregon), Inc. Defendant assigns error to the trial court’s granting of the state’s motion in limine to exclude evidence at trial of the diminution in value of defendant’s property resulting from the condemnation of defendant’s abutter’s right of direct access to and from SW Pacific Highway (Highway 99W). The two concurring opinions present alternative rationales in support of the trial court’s ruling. Those rationales are based on legal premises not put…