What is the standard of review for an eminent domain case?

In Oregon, the standard of review for an eminent domain case is determined by the type of claim being made by the landowner and the type of relief being sought. Generally, the state court is required to review the granting of the eminent domain action with some degree of deference to the government agency’s authority. If the landowner is challenging the amount of compensation offered by the state for the taking of their property, the court will review the decision to take the property under a “reasonableness” standard. In this case, the court must determine whether the agency’s decision is reasonable given the particular facts and circumstances of the case. Additionally, if the landowner is challenging the authority of the state to take the property in the first place, the court will review the issue under a different standard—“a preponderance of the evidence.” In this case, the court must determine whether the landowner has presented enough evidence to show that the agency’s decision was not reasonable or appropriate under the circumstances. This often means that the landowner must present stronger evidence of an abuse of power or of a lack of necessity in the state taking the property. In all cases involving eminent domain in Oregon, the court must review the authority of the state in taking the property and the amount of compensation offered to the landowner. The court’s review is determined by the particular facts and circumstances of the case as well as by the type of relief being sought by the landowner.

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What is the standard of review for an eminent domain case?

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