On June 6, 2025, I was honored to speak at the Oregon Eminent Domain Seminar sponsored by the Seminar Group.  My presentation centered on “Temporary Construction Easements and Damages to the Remainder.” Through an exploration of Oregon jurisprudence and case law from other state and federal courts, I asserted that Oregon law supports the recognition of severance damages for partial, temporary takings.  More specifically, I argued as follows:

• When a condemnor takes a temporary construction easement across part of a property, it takes more than the express area of the easement: the taking potentially deprives the owner or hypothetical purchaser of the ability to use and develop the property at its highest and best use for the duration of the temporary construction easement.
• Because Oregon law requires the condemnor to provide just compensation for all takings and damages to the remainder according to the fair market value of property at its highest and best use, the condemnor must compensate the owner for damages to the remainder stemming not only from permanent takings, but also those from temporary construction easements.

The complete paper underlying my presentation can be found here.

I have attended this seminar since 2011 and now presented at it several times.  It is always well organized, well attended, and valuable for lawyers, appraisers, and right of way professionals.  Looking forward to many more to come.