9-28-15 Planning Commission Record

ATTACHMENT I JUSTICE L,AW GROUP LAUREN C. REGAN, ATTORNEY AT LAW 259 East Fifth Avenue, Suite 300A, Eugene, OR 97401 Ph: 54.1 /687 -9180, Fax: 541/ 686-2137, .E: lreban r justicelaworegon.com August 25, 2015 Jon Ruiz Eugene City Manager 125 E. 8th Avenue, 2nd Floor Eugene, OR 97401 Dear Mr. Ruiz, Anne Davies, the Deputy City Attorney, recently stated to the Eugene Planning Commission that the City would be table to claim an easement on my property at 160 Oakleigh Lane without my permission or consent by exercising a "prescriptive easement." 'Fllis is to advise you that the City has no legal basis fora prescriptive. easement, and I will vigorously contest any attempt at such a taking. Prescriptive easements requires that the City prove with clear and convincing evidence that the City's use of my property was: 1.) for the prescriptive period (10 years under ORS .12,050); 2) open, notorious, and adverse to the rights of the servient owner; and 3) continuous and uninterrupted according to the nature of the use. Thompson v. Scott, 270 Or 542, 546, 528 P2d 509 (1974). Within the area in question, I have continued for six years to grow food and flowers, as well as park my cars and permit others to park their cars, thus preventing the public for extended periods of time from using this area for transit along Oakleigh Lane. T'lre prior homeowner used the property at issue in the same manner as well. In addition, very few cars frequent this end of the dead-end street (only 3 other neighbors). Thus, neither the public nor the City has had continuous and uninterrupted use of my property. This fact is by no means the only legal impediment to any attempt by the City to forcefully exact an easement on my property. The statement made by the deputy city attorney is factually and legally incorrect, and I would appreciate correcting the record immediately, as indicated above. Thank you 4me ly, e~ i 1 y at Lao CC: Eugene Mayor and City Council via email r 'Y G= i' IMANAGER 59