Oregon Law Review : Vol. 85 No. 4, p. 1063-1094 : Missing from Oregon’s Takings Clause: The Right to a Jury Trial of Compensation in Eminent Domain Proceedings
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Date
2007
Authors
Peterson, Sarah
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
Although it may be surprising to some, no federal constitutional
right to a jury trial exists for eminent domain actions,
since, prior to the adoption of the U.S. Constitution, these
actions were not tried to a common law jury. Because Oregon’s
jury trial constitutional provisions largely mirror those in the
U.S. Constitution, the Oregon Constitution provides no further
protection in eminent domain proceedings than the Federal Constitution.
Although a legislature may guarantee a jury trial by
statute, this Comment aims to demonstrate that no such guarantee
exists within Oregon’s statutes. Thus, a judge could validly
deny a litigant’s request for a jury trial in an eminent domain
proceeding. While this issue has yet to be directly addressed in an Oregon appellate opinion, Oregon’s newly enacted landmark
land use statute, Measure 37 provides opportunities for trial
and appellate judges to consider this issue in the near future. To
cure any statutory ambiguity and to prevent unnecessary litigation,
this Comment argues that the Oregon Constitution should
be amended to guarantee the right to have a jury decide “just
compensation” for a taking of private property in an eminent domain
proceeding.
Description
32 p.
Keywords
Eminent domain -- Oregon
Citation
85 Or. L. Rev. 1063 (2006)