Lincoln Loan Co. v. State, State Highway Com'n

McAllister, j.

Plaintiff Lincoln Loan Co. brought this inverse condemnation 1 action against the Oregon State Highway Commission to recover damages for an alleged taking of plaintiff’s property in the process of the construction of the East Portland Freeway by allegedly placing a "cloud of condemnation” over the property, which resulted in a "condemnation blight” and a de facto taking, not of the possession of the property, but of a substantial use and benefit thereof.

Plaintiff alleged that about ten years prior to the filing of the complaint in this action the defendant, by resolution,…