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Eminent domain in Oregon:

Correct Answer

B) Allows government acquisition for public use with just compensation — Oregon's Measure 39 prohibits transferring condemned property to private parties for private development

Oregon Measure 39 (2006) amended the Oregon Constitution (Article I, Section 18) to prohibit the government from condemning private property and then transferring it to another private party for private development. This was a direct response to the U.S. Supreme Court's Kelo v. City of New London decision, which had allowed such transfers. Oregon's eminent domain power otherwise remains intact, requiring just compensation when property is taken for legitimate public use.

Answer Options
A
Does not exist
B
Allows government acquisition for public use with just compensation — Oregon's Measure 39 prohibits transferring condemned property to private parties for private development
C
Neighbors can take land
D
Only commercial

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Related Topics & Key Terms

Related Topics:

Fifth Amendment Takings ClauseKelo v. City of New LondonOregon Measure 39just compensationinverse condemnationORS Chapter 35

Key Terms:

eminent domainMeasure 39Kelo decisionjust compensationpublic usecondemnation

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