Luce v. City of Portland

HORNBY, Justice.

The issue in this case is what event starts the appeals period running when municipal officers take property by eminent domain for highway purposes. We conclude that the 60-day period for appealing a municipality’s determination of damages begins with the passage of title to the municipality, and that title passed in this case upon the recording of certain documents.

The material facts are undisputed. On November 16, 1987, the Portland City Council held a public hearing and passed an order that public exigency required it to take William Luce’s property. It voted to pay him…