William B. Walton, et al. v. Neskowin Regional Sanitary Authority

In the mid-1990s the Neskowin Regional Sanitary Authority (Sanitary Authority) and the Walton Family entered into a purported agreement that allowed the Sanitary Authority to bury a sewer line on the Walton’s property in exchange for a free sewer hook-up when needed. The sewer line was then installed and remained on the Walton’s property for years without incident. In 2015, however, the Sanitary Authority required the Walton Family to officially hook-up to its sewer system. The Walton Family sought their free hook-up, which the Sanitary Authority summarily refused. The Waltons filed a state takings lawsuit, claiming the Sanitary Authority’s refusal to grant their free hook-up, while maintaining a physical sewer line on their property effected an unconstitutional taking without compensation. The state circuit court dismissed the Walton’s takings claim under Oregon’s statute of limitations, stating the Waltons should have brought their takings claim back when the Sanitary Authority first installed its sewer line. The Oregon appellate and supreme court affirmed. The question presented is: Whether a Constitutional Fifth Amendment Takings Claim, based on a physical occupation, fully accrues and the statute of limitations begins to run before the government refuses to provide just compensation.