City of Portland v. Anderson

The City brought this eminent domain proceeding to secure an easement across defendants’ land for construction of a sewer. The City filed a motion for immediate possession, together with supporting affidavit, pursuant to ORS 223.110, which authorizes possession prior to final judgment. The defendants filed an answer and resisted the motion for immediate possession. Oral argument was had on the motion, and the motion was granted. The property owners appeal from the order granting immediate possession.

The defendants contend that the taking is not for a public use and not required for public…