(1) The kind,
character and volume of traffic now moving over public highways, the
speed at which such traffic moves, the prime and essential factors such
as speed, safety and convenience to which transportation of persons and
property over public highways is entitled, the relation which such
transportation bears to the transportation systems of other states and of
the nation as a whole, the ever-increasing toll of injury to and death of
persons and the destruction of and damage to property caused by and
resulting from accidents on public highways constitute and are conditions
and elements which demand of highway officials a program of highway
designing, highway regulations, highway use and operation, highway
controls and highway safeguards which will make possible and insure a
degree of safety and convenience and a type and class of service not
possible under existing law.
(2) To the end that human lives may be saved, property damage
minimized, transportation by motor vehicle promoted and highway travel in
general safeguarded, the legislature finds, determines and declares that
ORS 374.005 to 374.095 is necessary for the preservation of public
safety, the improvement and development of transportation facilities in
the state, the protection of highway traffic from the hazards of
unrestricted and unregulated entry from adjacent property, the
elimination of hazards due to highway grade intersections and in general
the promotion of public welfare.As used in ORS 374.005 to 374.095,
“throughway” means a highway or street especially designed for through
traffic, over, from or to which owners or occupants of abutting land or
other persons have no easement of access or only a limited easement of
access, light, air or view, by reason of the fact that their property
abuts upon the throughway or for any other reason.(1) The Department of
Transportation, in addition to and without restricting, limiting or
repealing any powers and authority which it now has, may lay out, locate,
relocate, adopt, establish, construct, designate, maintain and supervise
the use and operation of new highways known as throughways.
(2) Any relocated section of an existing highway and such portions
of existing highways, which at the time they are designated as
throughways have less than 10 commercial businesses abutting thereon
catering to the motoring public in any one mile of such existing highway,
may be designated and constructed as or converted into a throughway by
the department. As used in this subsection, “relocated” means a highway
or section thereof so located that for its construction an entirely new
right of way is necessary.
(3) The authority and power of the department extends to and
includes state highways within the corporate limits of cities, and with
the approval of the municipal authorities may extend to and include city
streets. No
throughway shall be established upon or across the tracks, yards, station
grounds or other operating properties of any common carrier railroad, or
upon or across any industrial or business property served by railroad
industrial trackage, or upon or across any property at such a location as
to unduly interfere with the reasonable access of shippers, passengers or
the public to railroad depots, team tracks or other facilities for
receiving or delivering freight or passengers transported by railroad
unless the Department of Transportation and the railroad agree on a
proposed throughway project. [Amended by 1995 c.733 §94] Any state highway or
section thereof which has been located, established, designated and
constructed as a throughway may, in whole or in part, be changed from a
throughway to an ordinary highway by the Department of Transportation if
in its judgment such action will best serve public needs.(1) The Department of Transportation may so design a
throughway and so regulate, restrict or prohibit access thereto and use
thereof as to best serve the traffic for which the throughway is
intended. In this connection and for such purpose the department may
divide and separate any throughway into separate roadways or lanes by the
construction of raised curbings, central dividing sections or other
physical separations, or by designating separate roadways or lanes by
signs, markers or stripes and the proper lanes for traffic by appropriate
signs, markers, stripes or other devices.
(2) After any highway has been so marked or designed no person has
any right of ingress or egress to, from or across the highway to or from
abutting lands, except at such points as may be designated by the
department. (1) The
Department of Transportation may, in the name of the state, acquire by
agreement, donation or exercise of the power of eminent domain, fee title
to or any interest in any real property, including easements of air,
view, light and access, which in the opinion or judgment of the
department is deemed necessary for the construction of any throughway,
the establishment of any section of an existing state road or highway as
a throughway or the construction of a service road. The department may
accomplish such acquisition in the same manner and by the same procedure
as real property is acquired for state highway purposes, except that in
case the acquisition is by proceedings in eminent domain the resolution
required under such procedure shall specify, in addition to other
provisions and requirements of law, that the real property is required
and is being appropriated for the purpose of establishing, constructing
and maintaining a throughway.
(2) A resolution adopted by the department stating and setting
forth that a proposed highway is to be constructed as a throughway is
conclusive evidence that the highway when constructed is a throughway
with all the characteristics and incidents prescribed by and provided for
in ORS 374.005 to 374.095. Whenever it
becomes necessary to acquire any real property for use in connection with
the location, relocation, construction, reconstruction, improvement and
maintenance of any throughway or section thereof or for a service road,
the Department of Transportation may, in its discretion, acquire an
entire lot, block or tract of land if by so doing the interests of the
owner and the state will be best served, even though the entire tract is
not immediately needed for the highway proper. This provision and
authority shall apply to and be effective whether the real property is
acquired by purchase, agreement or exercise of the power of eminent
domain. The Department of Transportation
may pay the cost incident to the acquisition of real property or any
interest therein for the establishment, location and relocation of
throughways and their construction, reconstruction and maintenance out of
state highway funds in the same manner that such funds are disbursed for
other highway purposes by the department. In case an
agreement provided for in ORS 374.080 has been entered into, proceedings
in eminent domain for the acquisition of real property or any interest
therein deemed necessary therefor, may be brought in the name of the
state by the Department of Transportation, alone or jointly with any
city, county or city and county which are parties to the agreement. In any proceeding
in eminent domain evidence of the entire plan of improvement is
admissible for the purpose of determining:
(1) Value of property taken.
(2) All damages by reason of deprivation of right of access to any
highway to be constructed, established or maintained as a throughway.
(3) The damages which, if the property sought to be condemned
constitutes a part of a larger parcel, will accrue to the portion not
sought to be condemned by reason of its severance from the portion sought
to be condemned and by reason of the construction of the improvement in
the manner proposed.The Department of Transportation, with the official
approval of municipal authorities of cities with respect to city streets
and with the official approval of the county court or board of county
commissioners of any county with respect to county roads, may:
(1) Close any street, highway or road at or near the point of its
intersection with a throughway; or
(2) Make provision for carrying the street or road over or under
the throughway; or
(3) Provide a connection with a throughway by means of a utility or
service road to a suitable point of connection; and
(4) Do any and all work on the street, highway or road as is
necessary therefor. (1) The
Department of Transportation shall provide for the intersection of
throughways by county roads running into or across throughways.
(2) Any county road may be closed at the points where it runs into
or intersects the throughway if the consent of the county court or board
of county commissioners of the county in which the road is located is
first obtained.
(3) After the establishment of a throughway, no county road shall
be constructed running into or intersecting the throughway unless its
plans and specifications have first been submitted to and approved in
writing by the department. This approval shall be made a matter of record
by the department and by the county court or board of county
commissioners. (1) Should any
portion or section of a throughway be within the corporate limits of a
city, provision shall be made for access thereto from existing streets at
points designated by the municipal authorities of the city. In the event
plans and specifications are submitted to the municipal authorities of
the city by the Department of Transportation and the municipal
authorities fail to designate such points within 60 days thereafter, the
designation may be made by the department.
(2) After establishment of any throughway in or through a
municipality, no street shall be constructed turning into or intersecting
the throughway unless the plans and specifications therefor have first
been submitted to and approved in writing by the department and made a
matter of official record.
(3) Nothing in this section prohibits the closing of any street at
the point where it runs into or intersects any throughway by the proper
municipal authorities in the manner provided by law.The municipal authorities of cities and the
county court or board of county commissioners of any county may do
anything or all things necessary to cooperate with the Department of
Transportation for laying out, acquiring and constructing any section or
portion of any street or highway within their respective jurisdiction as
a throughway and to convert any existing street or highway into a
throughway.
The Department of Transportation may enter into cooperative agreements
with the federal government and with any county or city for the location,
adoption, construction and maintenance of a throughway either within or
without the corporate limits of any city, with respect to highways under
the exclusive jurisdiction of the department, roads under the
jurisdiction of the county court or board of county commissioners and
streets under the exclusive jurisdiction of cities, and may, in such
agreements, agree upon the allocation of costs of the project, the manner
and method of maintenance and all other relevant matters. Wherever by
the location, relocation, establishment and construction or
reconstruction of a throughway under ORS 374.005 to 374.095 real
property, title to which is held under one ownership, is severed and the
land is being used for farm or other agricultural purposes, provision
shall be made by the Department of Transportation for crossing the
highway from one such tract to the other or compensation for the
severance of the tract shall be paid. Should such tracts at any time
cease to be held under one ownership, the department may terminate and
discontinue the road crossings. No such connecting-road crossing shall be
used for or in connection with the conduct of any roadside business or
enterprise, but shall be available and used solely for passage from one
of the severed tracts to the other.Whenever a throughway is located, relocated, constructed or
reconstructed through or over farm or agricultural property and thereby
all reasonable ingress and egress have been destroyed, the Department of
Transportation shall provide access from the abutting properties to the
throughway by a service road or by direct access, unless by agreement
with the owners of the abutting properties access to the throughway has
been waived by the property owner or has been acquired by the state by
agreement or exercise of the power of eminent domain.
If under ORS 374.005 to 374.095 any existing highway or section of
existing highway is converted into a throughway, by reason thereof real
properties then occupied and used are affected and such abutting real
properties are dependent upon the existing highway or section of highway
for ingress and egress, the Department of Transportation shall provide a
utility or service road to serve the properties. This utility or service
road shall be constructed and maintained by the state at state expense
and shall follow a location or route immediately parallel to and
adjoining the throughway. After the service or utility road has been
constructed the abutting land owner’s right of reasonable view shall not
be impaired.APPROACH ROADS, PRIVATE CROSSINGS AND OTHER FACILITIES UPON RIGHT OF WAY(Temporary provisions relating to permit fee for utility facilities in
right of way)Note: Sections 2, 4 and 5, chapter 664, Oregon Laws 2001, provide:
Sec. 2. (1) Except as provided in subsection (2) of this section,
the Department of Transportation may charge a permit fee to any person or
corporation that, in accordance with ORS 758.010, constructs, maintains
or operates water, gas, electric or communication service lines, fixtures
or other facilities in the right of way of a state highway. The
department shall adopt rules establishing a schedule for permit fees
charged under this section, in accordance with the following:
(a) The fee schedule shall set fees in fixed amounts for various
classes of permits. The classes of permits shall be based on the nature,
size and extent of the facility and the costs of reviewing plans and
supervising construction.
(b) The department may not adopt a fee that is greater than the
reasonable costs to the department of issuing the permit and
administering its terms. The amount of a fee may not include permit
review costs incurred by any agency or state official other than the
Department of Transportation.
(c) The department may not adopt a fee for a permit to construct,
maintain or operate facilities to provide street lighting or other
utility services to property owned or controlled by the department.
(2) The department may not charge a permit fee under this section
if the costs to the department of issuing the permit and administering
its terms may legally be paid from revenues described in section 3a (1),
Article IX of the Oregon Constitution.
(3) The department shall adopt rules specifying the kinds of
activities described in ORS 758.010 that may be allowed under a blanket
permit. [2001 c.664 §2]
Sec. 4. (1) The Supreme Court has exclusive jurisdiction to review
a circuit court judgment on the issue of whether the costs to the
Department of Transportation in issuing a permit for activities described
in ORS 758.010 and administering the terms of the permit may legally be
paid from revenues described in section 3a (1), Article IX of the Oregon
Constitution.
(2) A party to an action to determine whether the costs described
in subsection (1) of this section may be paid from the described revenues
may appeal a judgment in the case only by filing a notice of appeal
directly with the Supreme Court within the time and in the manner
specified in ORS chapter 19 for civil appeals to the Court of Appeals.
Any party filing a notice of appeal under this subsection must note in
the notice of appeal that the case is subject to this subsection. [2001
c.664 §4]
Sec. 5. Section 2, chapter 664, Oregon Laws 2001, is repealed on
(1) No
person, firm or corporation may place, build or construct on the right of
way of any state highway or county road, any approach road, structure,
pipeline, ditch, cable or wire, or any other facility, thing or
appurtenance, or substantially alter any such facility, thing or
appurtenance or change the manner of using any such approach road without
first obtaining written permission from the Department of Transportation
with respect to state highways or the county court or board of county
commissioners with respect to county roads.
(2) After written notice of not less than 10 days to the permittee
and an opportunity for a hearing, the department with respect to
crossings over a state highway and the county court or board of county
commissioners with respect to crossings over a county road may abolish
any crossing at grade by a private road or may alter or change any
private road crossing when the public safety, public convenience and the
general welfare require the alteration or change.
(3) As used in ORS 374.305 to 374.330:
(a) “Approach road” includes a private road that crosses a state
highway or a county road.
(b) “Private road crossing” means a privately owned road designed
for use by trucks which are prohibited by law from using state highways,
county roads or other public highways. [Amended by 1955 c.424 §1; 1957
c.323 §1; 1967 c.497 §1](1) If any person, firm or corporation builds or constructs
on the right of way of any state highway or county road any approach road
or any other facility, thing or appurtenance without first obtaining the
written permission required by ORS 374.305, the Department of
Transportation or the county governing body shall, after the expiration
of 30 days following the transmittal of a written notice to such person,
firm or corporation, at the expense of such person, firm or corporation,
remove all such installations from the right of way or reconstruct,
repair or maintain any such installation in accordance with or as
required by the rules and regulations. This expense may be recovered from
such person, firm or corporation by the state or county in any court of
competent jurisdiction.
(2) Notwithstanding subsection (1) of this section, if the
Department of Transportation, county governing body or designated agent
of the department or governing body, whichever is applicable, determines
that a traffic or pedestrian hazard is created by the construction which
causes imminent danger of personal injury, it may:
(a) Order the construction removed, repaired or maintained to
eliminate the hazard, within 24 hours after delivery of written notice to
the person, firm or corporation which caused the construction, and to the
owner of the property on which the construction occurred.
(b) If the hazard is not removed within the time set under
paragraph (a) of this subsection, remove the hazard and recover the
expenses of any removal, repair or maintenance from any such person, firm
or corporation in any court of competent jurisdiction. [1955 c.424 §5;
1979 c.873 §1] (1) The Department of
Transportation with respect to state highways and the county court or
board of county commissioners with respect to county roads shall adopt
reasonable rules and regulations and may issue permits, not inconsistent
with law, for the use of the rights of way of such highways and roads for
the purposes described in ORS 374.305. However, the department may not
issue a permit for the construction of any approach road at a location
where no rights of access exist between the highway and abutting real
property.
(2) Such rules and regulations and such permits shall include such
provisions, terms and conditions as in the judgment of the granting
authority may be in the best interest of the public for the protection of
the highway or road and the traveling public and may include, but need
not be limited to:
(a) Provisions for construction of culverts under approaches,
requirements as to depth of fills over culverts and requirements for
drainage facilities, curbs, islands and other facilities for traffic
channelization as may be deemed necessary.
(b) With respect to private road crossings, additional provisions
for the angle of intersection, crossing at grade or other than grade,
sight distances, safety measures including flaggers, crossing signs and
signals, reinforcement for protection of the highway, maintenance of the
crossing and for payment by the applicant of the costs of any of the
foregoing.
(c) With respect to private road crossings, the granting authority
may also require the applicant to furnish public liability and property
damage insurance in a sum fixed by the granting authority, which
insurance shall also indemnify the members, officers, employees and
agents of such authority from any claim that might arise on account of
the granting of the permit and the crossing of the highway or road by
vehicles operating under the permit; and the granting authority may also
require the applicant to furnish indemnity insurance, an indemnity bond
or an irrevocable letter of credit issued by an insured institution as
defined in ORS 706.008 in a sum fixed by the granting authority,
indemnifying such authority for any damage to the highways or roads that
may be caused by the use of the crossing.
(3) The powers granted by this section and ORS 374.315 may not be
exercised so as to deny any property adjoining the road or highway
reasonable access. In determining what is reasonable, the department or
county court or board of county commissioners shall apply the following
criteria:
(a) The access must be sufficient to allow the authorized uses for
the property identified in the acknowledged local comprehensive plan.
(b) The type, number, size and location of approaches must be
adequate to serve the volume and type of traffic reasonably anticipated
to enter and exit the property, based on the planned uses for the
property.
(4) The department may not charge any fee for issuance of a permit
under this section for construction of an approach road. [Amended by 1955
c.424 §2; 1957 c.323 §2; 1967 c.497 §2; 1991 c.331 §59; 1997 c.249 §119;
1997 c.631 §467; 1999 c.974 §3; 2003 c.371 §1; 2005 c.837 §15](1) The Department of Transportation shall
adopt rules governing the process of application for and issuance of
permits for approach roads to highways by owners of property abutting the
highways. Rules adopted by the department shall include, but need not be
limited to:
(a) The time within which a final decision, including resolution of
all internal appeals, to grant or deny a permit must be made. The time
may not be longer than 120 days unless the applicant and the department
agree to an extension.
(b) Standards that will be used in making decisions as to whether
to grant or deny a permit. Standards applicable to approach roads shall
be based on a policy of using local road systems and state highways in a
manner consistent with the local transportation system plan and the land
uses permitted in the local comprehensive plan acknowledged under ORS
chapter 197. In addition, the standards shall require consideration of
safety and highway functionality.
(c) Criteria for determining what constitutes reasonable access as
specified in ORS 374.310 (3).
(d) Procedures governing an appeal of denial of a permit, including
but not necessarily limited to notice, guarantee of an impartial
tribunal, burden of proof and admission and weight of evidence.
(e) A rule that an engineer with relevant experience will review
and respond to evidence from a qualified expert that is submitted by an
applicant.
(2) A permit decision for an approach road must be made on the
basis of standards and criteria in effect on the date that the
application was filed.
(3) A permit decision for an approach road must be made on the
record. The department shall adopt rules specifying the form of the
record.
(4) The department and a local government may enter into an
intergovernmental agreement setting provisions for and allowing the local
government to issue access permits for regional and district state
highways. The agreement must provide that permits issued by local
governments will be consistent with the highway plan and administrative
rules adopted by the department, with state statutes and with the local
transportation system plan acknowledged under ORS chapter 197. The
department shall adopt rules specifying the circumstances under which
authority will be delegated to a local government.
(5) The department shall develop a program that allows a person
that might be affected by the issuance of the permit, but that is not the
owner of the property subject to the permit, to express concerns to the
department prior to the issuance of the permit. For purposes of this
subsection, persons that might be affected by the issuance of the permit
are the city or county in which the road is located and any person that
owns property adjacent to the proposed access. Nothing in this subsection
gives a city, county or other person that might be affected standing to
appeal any decision of the department regarding granting of the permit.
[1999 c.974 §2; 2003 c.371 §2]Note: 374.312 was added to and made a part of 374.305 to 374.330 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.Note: Section 1, chapter 972, Oregon Laws 1999, provides:
Sec. 1. It is the intent of the Legislative Assembly that the
Department of Transportation, local governments and regional governments
work collaboratively to achieve accessibility and mobility goals for a
balanced transportation system. [1999 c.972 §1](1) If the Department of Transportation closes an
approach road for which a permit was issued under ORS 374.310 or that was
allowed by law prior to enactment of statutory permit requirements for
approach roads, or if the department denies an application for an
approach road permit submitted pursuant to a grant or reservation of
access contained in a contract, condemnation judgment or recorded deed,
and the closure or denial is not the result of conditions contained in a
contract, condemnation judgment, recorded deed or permit, a person
holding an interest in the real property benefited by the access or
proposed access may file a claim for relief as a contested case under ORS
183.415 to 183.500.
(2) Prior to issuing a final order in a contested case under
subsection (1) of this section, the Director of Transportation may
provide the opportunity for the parties to participate in mediation
consistent with the applicable provisions of ORS 36.185 to 36.210. In any
alternative dispute resolution proceeding, the director may authorize
administrative remedies, including monetary damages or other relief, as
determined by the department by rule, to address issues related to real
property value, utility or use.
(3) In any proceeding under this section, any party may cause an
appraisal of the subject property to be conducted. If the difference in
value between a property owner’s claim and an offer of monetary
compensation by the department is less than $30,000, the director shall
provide a simplified procedure for resolving the claim. The cost of
conducting an appraisal may be shared by the parties when a mutually
acceptable appraiser can be identified. [1999 c.972 §3; 2005 c.149 §1]Note: 374.313 was added to and made a part of 374.305 to 374.330 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.
All construction under the permits issued under ORS 374.310 shall be
under the supervision of the granting authority and at the expense of the
applicant. After completion of the construction of the particular
approach road, facility, thing or appurtenance, they shall be maintained
at the expense of the applicant and in accordance with the rules and
regulations adopted pursuant to ORS 374.310.(1) Upon failure of the applicant to construct or
maintain the particular approach road, facility, thing or appurtenance in
accordance with the rules and regulations and the conditions of the
permit, the Department of Transportation or the county governing body
shall, after the expiration of 30 days following the transmittal of a
written notice to the applicant, at applicant’s expense, remove all such
installations from the right of way or reconstruct, repair or maintain
any such installation in accordance with or as required by such rules and
regulations and the conditions of such permit. This expense may be
recovered from the applicant by the state or county in any court of
competent jurisdiction.
(2) Notwithstanding subsection (1) of this section, if the
Department of Transportation, county governing body or designated agent
of the department or governing body, whichever is applicable, determines
that a traffic or pedestrian hazard is created by the noncompliance which
causes imminent danger of personal injury, it may:
(a) Order the construction removed, repaired or maintained to
eliminate the hazard, within 24 hours after delivery of written notice to
the applicant, and to the owner of the property on which the
noncompliance occurred.
(b) If the hazard is not removed within the time set under
paragraph (a) of this subsection, remove the hazard and recover the
expenses of any removal, repair or maintenance from the applicant in any
court of competent jurisdiction. [Amended by 1955 c.424 §3; 1979 c.873 §2]
(1) Limit or affect any of the powers granted to, or duties imposed
upon, the county courts or boards of county commissioners, the Department
of Transportation or the Public Utility Commission by ORS 758.010 and
758.020, or any rights granted or authorized under those statutes.
(2) Grant any right for the construction or placing of an approach
road, structure, pipeline, ditch, cable or wire, or other facility, thing
or appurtenance on the right of way of any highway. [Amended by 1957
c.323 §3](1) Nothing in ORS 374.305, 374.310
and 374.325, as such sections were amended by chapter 323, Oregon Laws
1957, shall be deemed to affect any approach road, structure, pipeline,
ditch, cable or wire, or other facility, thing or appurtenance lawfully
placed or constructed upon the right of way of any highway prior to
August 20, 1957.
(2)(a) Nothing in ORS 374.305 or 374.310 as such sections are
amended by chapter 497, Oregon Laws 1967, shall be deemed to affect any
approach road, structure, pipeline, ditch, cable or wire, or other
facility, thing or appurtenance lawfully placed or constructed upon the
right of way of any state highway or county road prior to September 13,
1967.
(b) Except as provided in paragraph (a) of this subsection, private
road crossings authorized by the Public Utility Commission under ORS
374.205 to 374.260 (1965 Replacement Part) are subject to ORS 374.305 to
374.330 after September 13, 1967. [1957 c.323 §4; 1967 c.497 §3]Where any private road crosses or is crossed by
a public highway the driving of a motor vehicle across the public highway
or upon the public highway for a distance of not to exceed 1,200 feet in
the use of the private road shall not be subject to ORS 811.450, 815.155,
815.160, 815.170, 818.020, 818.060, 818.090, 818.110, 818.160, 818.300,
818.320, 818.340, 818.350, 818.400 and ORS chapter 825, provided such
vehicle or vehicle use is:
(1) Subject to permit issued pursuant to ORS 374.310 or a person
authorized by such permittee; or
(2) A farm tractor or implement of husbandry. [Formerly 374.265;
1971 c.391 §1; 1983 c.338 §923; 1987 c.158 §66] Any person owning,
using or occupying lands on both sides of any public road is entitled to
the privilege of making a crossing under the road for the purpose of
letting the person’s cattle and other domestic animals cross the road. A
crossing may be installed as provided under ORS 374.305 to 374.330.
[Formerly 374.270; 1981 c.153 §74]The Department of Transportation shall adopt rules regulating the
procedures and circumstances under which the department may restrict
turning movements onto a state highway from an approach road for which a
permit was issued under ORS 374.310 when the restriction is not required
by contract, condemnation judgment, recorded deed or permit. [1999 c.972
§4]The Department of Transportation shall establish a process
through which persons affected by decisions of the department regarding
access to highways may appeal the decisions. [1999 c.686 §3]RIGHTS APPURTENANT TO PROPERTY ABUTTING CERTAIN HIGHWAYS AND ROADS No
rights in or to any state highway, including what is known as right of
access, shall accrue to any real property abutting upon any portion of
any state highway constructed, relocated or reconstructed after May 12,
1951, upon right of way, no part of the width of which was acquired prior
to May 12, 1951, for public use as a highway, by reason of the real
property abutting upon the state highway.In connection with any acquisition of real property
for right of way of any state highway, the Department of Transportation
shall prescribe and define the location, width, nature and extent of any
right of access that may be permitted by the department to pertain to
real property described in ORS 374.405.The Department of Transportation may commence and
prosecute to final determination any suit, action or proceeding in the
name of the state by and through the department, which in its judgment is
necessary to enjoin and prevent any person, whether acting individually
or by agent, from entering upon or departing from any state highway
mentioned in ORS 374.405, at any location, for any use or in any manner
not authorized by any grant of a right of access, as provided in ORS
374.410. (1)
The county court or board of county commissioners may acquire by
purchase, agreement, donation or exercise of the power of eminent domain,
fee title or any interest in real property, including easements of air,
view, light and access, which is necessary for the construction of a
throughway or the establishment of a section of an existing county road
as a throughway.
(2) When right of way is acquired for a throughway after August 13,
1965, no rights in or to the throughway, including what is known as right
of access, accrue to real property merely because the property abuts upon
that part of the right of way so acquired. This subsection also applies
to right of way acquired, prior to August 13, 1965, pursuant to ORS
374.420 to 374.430 (1963 Replacement Parts).
(3) “Throughway,” as used in this section, means a proposed or
existing county road especially designed for through traffic, which has
been designated by resolution of the county court or board of county
commissioners as a throughway, over, from or to which owners or occupants
of abutting land or other persons have no easement of access or only a
limited easement of access, light, air or view, merely because of the
fact that their property abuts upon the throughway or for any other
reason. [Amended by 1965 c.364 §1]In connection with the acquisition of real property for right
of way for a throughway described in ORS 374.420, the county court or
board of county commissioners may prescribe the location, width, nature
and extent of any right of access that pertains to such real property.
[Amended by 1965 c.364 §2]The county court or board of county commissioners
may commence and prosecute to final determination any suit, action or
proceeding which in its judgment is necessary to enjoin and prevent any
person, whether acting individually or by agent, from entering upon or
departing from any throughway under its jurisdiction, mentioned in ORS
374.420, at any location, for any use or in any manner not authorized by
any grant of a right of access, as provided in ORS 374.425. [Amended by
1965 c.364 §3]PENALTIESIn addition to the liability for expenses
under ORS 374.307 and 374.320, violation of ORS 374.305 or of any rule or
regulation adopted under ORS 374.310 is a misdemeanor. [1955 c.424 §6]
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