Atwood Wins Remand in Highway Dispute
Oregon’s Court of Appeals handed property owner Jim Atwood a second chance to challenge the state’s handling of a highway project that cut across land he controls. The July 1 ruling sends the case back to the trial court for fresh review of whether the Department of Transportation followed proper procedures.
The fight began when ODOT widened and realigned a stretch of highway that crossed Atwood’s trust property. Atwood sued, claiming the agency failed to give adequate notice, ignored required studies, and undervalued the land taken. The trial judge tossed most claims on timing grounds, ruling the lawsuit came too late under state deadlines. Atwood appealed, arguing the clock should not have started until he actually learned of the harm.
The appeals court agreed the lower court applied the wrong test for when the deadline began. It said Atwood’s claims about faulty notice and missing environmental steps can move forward if he shows he filed within the required window after discovering the issues. The decision matters because road projects often affect private land; owners now have clearer guidance on how long they have to sue when agencies skip steps.
Bottom Line: Property owners hit by state highway work can challenge missed procedures if they act promptly after learning the facts.
https://www.courtlistener.com/opinion/10883508/atwood-v-dept-of-transportation/
What steps would you take if ODOT took part of your land for a road project?