The Oregon League of Cities are celebrating the fact that property owners have lost more of their rights. The LOC is the organization that is trying to bureaucratize the cities of Oregon, thus eliminate all forms of representative government. This group advises city councils, like Bandon and Coos Bay, to get them to follow this extreme agenda of socialism. We have to beware of who is pulling the strings and it explains why the governor wants to regionalize our area.....Rob T.
This week, the Oregon Supreme Court held that the city of Milwaukie did not owe a homeowner damages for a sewer backup that caused damage to the homeowner’s property. The claim arose when the city was hydro-cleaning its sewers and caused a backup, resulting in damage on the homeowner’s property. Because of a delay in filing a claim, the homeowner could not file a negligence action, so instead argued they were entitled to compensation under inverse condemna-tion. Ordinarily, an inverse condemnation case arises when the government takes private property for a public use without going through a condemnation proceeding. In rejecting the homeowner’s legal theory, the court concluded the city’s conduct must be "intentional" for there to be a claim of inverse condemnation. Although the risk of a backup was a known, but relatively rare, conse-quence of the hydro-cleaning process, the court concluded that the city did not intentionally cause the sewer backup and therefore the homeowner could not recover damages from the city for the damage to their home.
Given the importance of this case to cities, the League filed amicus briefs in support of the city. The League is very pleased with the outcome of the case, which appropriately limits the types of cases that can qualify for inverse condemnation claims. To read more about the case, click here.
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