State v. Southern Pacific Transportation Co.

In this condemnation case, the Oregon Department of Transportation (ODOT) appeals a judgment in favor of Southern Pacific Railroad (SP) for $245,733, plus $130,794.08 in attorney fees and costs and disbursements. We affirm.

SP owns a railroad right-of-way in Lane County, part of which is approximately two miles long and sixty feet wide. It lies between two streets or highways. ODOT declared that the property was needed for public use, pursuant to ORS 35.235(1); the parties failed to agree on the land’s value. ODOT then began condemnation proceedings and alleged that the value of the property…