USA Statutes : oregon
Title : TITLE 56 INSURANCE
Chapter : Chapter 772 Rights of Way for Public Uses
(1) A corporation organized for the construction of a railway,
sewer or canal or of any ditch or flume for the conducting of water for
irrigation or domestic purposes, or for the purpose of selling water to
the public for general purposes for public use, or for conducting potable
or waste water by means of pipe laid upon or under the surface of the
ground; or desiring to use electrical power in the operation of any
railway, shall have a right to enter upon any land, between the termini
thereof or elsewhere, for the purpose of examining, locating or surveying
the lines of such electric or other railway, sewer, canal, ditch, flume
or pipeline, for the purpose of surveying or measuring any lands or
rights appurtenant thereto needed for such purposes, doing no unnecessary
damage thereby.

(2) Prior to entering upon private land under this section, a
person who intends to enter upon the land shall first provide written
notice by first class mail to the record owner of the private property of
such intent to enter. [Amended by 1971 c.655 §232; 1999 c.629 §1]Any corporation mentioned in ORS 772.010 may condemn so much
land as may be necessary for the lines of such railway, sewer, canal,
ditch, flume or pipeline, not exceeding 100 feet in width, besides a
sufficient quantity of land for toolhouses, workshops, materials for
construction, timber excepted, and a right through such adjacent land to
enable such corporation to construct and repair its lines, poles, towers,
wires, underground wires, supports and necessary equipment, railway,
sewer, canal, ditch, flume or other pipeline, and to make proper drains.
[Amended by 1971 c.655 §233; 1999 c.629 §2] (1)
Any railway corporation mentioned in ORS 772.010 may condemn a sufficient
quantity of land in addition to that specified in ORS 772.015, for
necessary sidetracks, spur tracks and laterals reasonably necessary for
manufacturing establishments, also for depot and water stations, cuttings
and embankments, and for the proper construction, security and convenient
operation of its road.

(2) Any such railway corporation may cross, intersect, join and
unite its railway with any other railway at any point in its route, and
upon the grounds of such other railway corporation, and make the
necessary turnouts, sidings, switches and other conveniences in
furtherance of the object of its connection and may condemn to make such
crossings. The railway which is or may be intersected by new railways,
may unite with the owners of such new railways in forming the
intersection and connection, and grant the facilities mentioned in this
subsection.(1) Whenever any
railroad corporation, authorized by ORS 772.020 to condemn the right to
cross or connect with any other right of way or constructed line of
railroad, is unable to agree with the owner of the line which it desires
to cross, it may apply to the Department of Transportation in the manner
provided by ORS 824.228 to 824.232.

(2) Upon such application and upon notice and hearing as provided
in ORS chapter 183 for contested cases, the department shall determine
the right to crossing, intersection or connection, the mode and manner
thereof and the compensation to be paid therefor.

(3) No agreement for the crossing of one railroad by another shall
be valid without the approval of the department. [Amended by 1971 c.655
§234; 1995 c.733 §97; 1997 c.275 §23](1) Any railroad company whose right of way
passes through any canyon, pass or defile shall not prevent any other
railroad company from the use and occupancy of said canyon, pass or
defile for the purpose of its railroad in common with the railroad first
located.

(2) Any railroad company authorized by law to condemn property for
right of way or any other corporate purpose, may commence an action for
condemnation of a right of way through any canyon, pass or defile for the
purpose of its railroad, where right of way has already been located,
condemned or occupied by some other railroad company through such canyon,
pass or defile for the purpose of its railroad.

(3) Thereupon like proceedings shall be had as are provided by the
laws of this state for the condemnation of land for right of way and
other railroad purposes. At the time of rendering judgment for damages,
the court or judge thereof shall enter a judgment authorizing the
railroad to occupy and use the right of way, roadbed and track, if
necessary, in common with the railroad company already occupying or
owning the same, and defining the terms and conditions upon which the
same shall be so occupied and used in common. [Amended by 2003 c.576 §564]Any corporation organized in
whole or in part for the construction of a canal for navigating or
manufacturing purposes or of any ditch or flume for the purpose of
conveying water for irrigating, domestic or stock purposes may condemn
such waterways, water rights or privileges, or otherwise acquire
established water rights or privileges, or those initiated by performing
any acts required, provided or permitted by law, as may be necessary or
convenient for the purpose of supplying, operating, constructing or
maintaining the same. Except in cities,
any corporation organized for conducting water by means of pipe laid upon
or under the surface of the ground may, so far as may be necessary for
the laying and keeping in repair its water pipes, condemn the use of so
much land as may be necessary, and may make whatever cuts and excavations
as soon as practicable after condemnation. Any railway
corporation mentioned in ORS 772.010 may cut down any standing timber in
danger of falling upon its line or railway, making compensation therefor
as provided in ORS 772.055 for lands taken for the use of the
corporation. [Amended by 1971 c.655 §235] Any
corporation mentioned in ORS 772.010 may also condemn:

(1) The rights of riparian proprietors in any lake or stream, to
enable such corporation to develop, manufacture or furnish electrical
energy for the operation of any railway in this state.

(2) Lands for the sites of reservoirs for storing water for future
use, and for rights of way for feeders carrying water to reservoirs, and
for ditches, canals, flumes or pipelines carrying the same away. [Amended
by 1971 c.655 §236] No condemnation of private property
shall be made under ORS 772.010 to 772.020 or 772.030 to 772.050 until
compensation is made to the owner thereof, irrespective of any increased
value thereof by reason of the proposed improvement by such corporation,
in the manner provided in ORS chapter 35.Any corporation may change the grade or location
of its railway, canal or pipes for the purpose of avoiding annoyances to
public travel or dangerous or deficient curves or grades, or unsafe or
unsubstantial grounds or foundation, or for other like reasonable causes.
For the accomplishment of such change it has the same right to enter
upon, examine, survey and appropriate the necessary lands and materials
as in the original location and construction of such railway, canal or
water pipes. [Amended by 1971 c.655 §237](1) Whenever it is necessary for any
corporation mentioned in ORS 772.010 to appropriate all or part of any
county road or highway for right of way, the corporation may appropriate
so much of the road as may be necessary, and in lieu thereof may condemn
or otherwise acquire property contiguous to or as near adjacent to the
road as possible in an amount equal to the property to be appropriated.

(2) Upon construction by the corporation of a county road or
highway on the property so acquired in a manner conformable in the
material character of the construction of said highways appropriated and
upon the same grade or such other grade as may be agreed upon by the
corporation and the county court or board of county commissioners of the
county in which the road is located, and upon the acceptance by the
county court or board of such newly constructed road, and on the
conveyance of same to the county, the corporation shall then become the
owner and entitled to the possession of so much of the county road or
highway so appropriated.

(3) ORS 772.065 and 772.070 do not apply to roads or streets within
any platted or incorporated city or town, or any addition thereto. (1) If
the county court or board of county commissioners and corporation cannot
agree upon the matters of appropriation under ORS 772.065, the dispute
shall be referred to the Public Utility Commission.

(2) The commission, after notice and hearing, shall by order
determine the terms and conditions upon which the corporation may
appropriate the county road or highway. [Amended by 1971 c.655 §238]APPROPRIATION OF PUBLIC LANDS FOR RAILROADS (1) When it is necessary or
convenient in the location of any railway to appropriate any part of any
public road, street, alley or public grounds not within the corporate
limits of a municipal corporation, the county court of the county wherein
such road, street, alley or public grounds is located, may agree with the
corporation constructing the road, upon the extent, terms and conditions
upon which the same may be appropriated or used, and occupied by such
corporation. If the parties are unable to agree, the corporation may
appropriate so much thereof as is necessary and convenient in the
location and construction of the road.

(2) Whenever a private corporation is authorized to appropriate any
public highway or grounds as mentioned in subsection (1) of this section,
within the limits of any town, whether incorporated or not, such
corporation shall locate their road upon such particular road, street,
alley or public grounds, within such town as the local authorities
designate. If the local authorities fail to make such designation within
a reasonable time when requested, the corporation may make such
appropriation without reference thereto. [Amended by 1971 c.655 §239]CONDEMNATION BY PUBLIC UTILITIES AND ELECTRICAL COOPERATIVE ASSOCIATIONS As used in ORS
772.210 and 772.215, unless the context requires otherwise:

(1) “Electrical cooperative association” means a cooperative
association which is subject to a tax on gross revenue derived from the
use or operation of transmission and distribution lines pursuant to ORS
308.805 to 308.820.

(2) “Public utility” has the meaning given that term in ORS 757.005.

(3) “Service facilities” include any line, wire, pipe, conduit,
main, pump, pole, tower, fixture, structure, shop, office or building for
any use or purpose reasonably necessary and incident to the conduct of
the business of a public utility.

(4) “Transmission company” has the meaning given that term in ORS
758.015. [Amended by 1971 c.655 §240; 1977 c.225 §1; 2001 c.913 §8](1) Any public utility, electrical cooperative
association or transmission company may:

(a) Enter upon lands within this state in the manner provided by
ORS 35.220 for the purpose of examining, locating and surveying the line
thereof and also other lands necessary and convenient for the purpose of
construction of service facilities, doing no unnecessary damage thereby.

(b) Condemn such lands not exceeding 100 feet in width for its
lines (including poles, towers, wires, supports and necessary equipment
therefor) and in addition thereto, other lands necessary and convenient
for the purpose of construction of service facilities. If the lands are
covered by trees that are liable to fall and constitute a hazard to its
wire or line, any public utility or transmission company organized for
the purpose of building, maintaining and operating a line of poles and
wires for the transmission of electricity for lighting or power purposes
may condemn such trees for a width not exceeding 300 feet, as may be
necessary or convenient for such purpose.

(2) Notwithstanding subsection (1) of this section, any public
utility, electrical cooperative association or transmission company may,
when necessary or convenient for transmission lines (including poles,
towers, wires, supports and necessary equipment therefor) designed for
voltages in excess of 330,000 volts, condemn land not to exceed 300 feet
in width. In addition, if the lands are covered by trees that are liable
to fall and constitute a hazard to its wire or line, such public utility
or transmission company may condemn such trees for a width not exceeding
100 feet on either side of the condemned land, as may be necessary or
convenient for such purpose.

(3) Notwithstanding subsection (1) of this section, a water or gas
public utility may condemn such lands, not exceeding 50 feet in width, as
may be necessary or convenient for purposes of constructing, laying,
maintaining and operating its lines, including necessary equipment
therefor.

(4) The proceedings for the condemnation of such lands shall be the
same as that provided in ORS chapter 35, provided that any award shall
include, but shall not be limited to, damages for destruction of forest
growth, premature cutting of timber and diminution in value to remaining
timber caused by increased harvesting costs. [Amended by 1963 c.138 §1;
1971 c.655 §241; 1977 c.225 §2; 2001 c.913 §9; 2003 c.477 §10] When it is necessary or
convenient, in the location of any poles or lines mentioned in ORS
772.210, to appropriate any part of any public road, street, alley or
public grounds not within the corporate limits of any municipal
corporation, the county court or board of county commissioners of the
county within which such road, street, alley or public grounds is
located, may agree with the public utility or electrical cooperative
association upon the extent, terms and conditions upon which the same may
be appropriated or used and occupied by such corporation. If such parties
are unable to agree, the public utility or electrical cooperative
association may condemn so much thereof as is necessary and convenient in
the location and construction of the poles or lines. The provisions of
ORS chapter 35 are applicable to condemnations under this section.
[Amended by 1971 c.655 §242; 1971 c.741 §24; 1977 c.225 §3]CONDEMNATION FOR DRAINAGE OR IRRIGATION
(1) The United States, the state, or any person, firm, cooperative,
association or corporation, shall have the right of way across and upon
public, private and corporate lands or other rights of way, for the
construction, maintenance, repair and use of all necessary reservoirs,
dams, water gates, canals, ditches, flumes, tunnels, pipelines or other
means of securing, storing and conveying water for irrigation or for
drainage, or any other beneficial purpose, upon payment of just
compensation therefor.

(2) But such right of way shall in all cases be so constructed,
obtained, located and exercised in a manner consistent with proper and
economical and engineering construction, so as not to unnecessarily
impair practical use of any other right of way, highway or public or
private road, nor to unnecessarily injure any public or private property.

(3) Such right of way may be acquired in the manner provided by law
for the taking of private property for public use. If a water right
permit is required under the applicable provisions of ORS chapter 537 in
order to use, store or convey water within the right of way, a person,
firm, cooperative, association or corporation may not acquire a right of
way under this subsection before obtaining a water right permit or
obtaining a final order of the Water Resources Department approving an
application for a water right permit.

(4) In determining just compensation under subsection (1) of this
section for a right of way across forestlands, consideration shall be
given, but not limited to, the effect of the right of way on:

(a) Access to the whole of the affected parcel;

(b) Ease and method of timber harvesting or other commercial uses
of the affected parcel; and

(c) Any agricultural or silvicultural activities on the affected
parcel, including but not limited to application of chemicals,
cultivation or harvesting activities and movement of equipment associated
with any of the above activities. [Amended by 1989 c.509 §1; 1995 c.365
§8] (1) When the
United States, the state, or any person, firm or corporation desires to
convey water for irrigation, drainage or for any other beneficial
purpose, and there is a canal or ditch already constructed that can be
enlarged to convey the required quantity of water, then the United
States, the state, or any such person, firm or corporation, or the owner
or owners of the land through which a new canal or ditch would have to be
constructed to convey the quantity of water necessary, may enlarge the
canal or ditch already constructed, by compensating the owner of the
canal or ditch to be enlarged for the damages, if any, caused by the
enlargement.

(2) The enlargement may be made at any time between October 1 and
March 1, but not any other times, unless upon agreement in writing with
the owner or owners of the canal or ditch.

(3) If a water right permit is required under the applicable
provisions of ORS chapter 537 in order to use, store or convey water
within the enlargement, a person, firm, cooperative, association or
corporation may not acquire an enlargement under this section before
obtaining a water right permit or obtaining a final order of the Water
Resources Department approving an application for a water right permit.
[Amended by 1989 c.509 §2; 1995 c.365 §9]CONDEMNATION BY CORPORATIONS FOR REDUCTION OF ORES, MINING, QUARRIES,
LUMBERING AND TRANSPORTATION OF MINING PRODUCTS (1)
Every corporation organized for the construction and operation of mills,
smelters and other works for the reduction of ores authorized to do
business within the state may condemn lands and property for the
discharge and natural distribution of smoke, fumes and dust from such
works in the manner provided by ORS chapter 35.

(2) The use of lands by such corporation for the purpose of the
discharge and natural distribution of smoke, fumes and dust from any such
mill, smelter or other works for the reduction of ores, under the
conditions prescribed in this section hereby is declared to be a public
use.

(3) The right of eminent domain shall not be exercised by such
corporation:

(a) Beyond a radius of four miles from such mill, smelter or other
works for the reduction of ores.

(b) On any land situated within a radius of five miles of the
corporate limits of any city in the state.

(c) Until after such corporation has acquired the right to use 50
percent of the area of the lands within a radius of four miles from the
mill, smelter or other works for the reduction of ores.Any corporation organized for the purpose of opening
or operating any gold, silver, or copper vein or lode, or any coal or
other mine, or any marble, stone or other quarry, or for cutting or
transporting timber, lumber, or cordwood, or for the manufacture of
lumber:

(1) May construct and operate railroads, skid roads, tramways,
chutes, pipelines and flumes between such points as may be indicated in
their articles of incorporation.

(2) May enter upon any land between such points in the manner
provided by ORS 35.220 for the purpose of examining, locating and
surveying the line of such railroads, skid roads, tramways, chutes,
pipelines and flumes, doing no unnecessary damage thereby.

(3) May condemn so much of said land as may be necessary for the
purposes of this section, not exceeding 60 feet in width by a
condemnation action as prescribed by ORS chapter 35. [Amended by 1953
c.559 §3; 2003 c.477 §11](1) Railroads, skid roads, tramways, chutes, pipelines or flumes
constructed under ORS 772.410 shall be deemed to be for public benefit.

(2) Such railroad shall afford to all persons equal facilities for
the transportation of freight upon payment or tender of reasonable
compensation therefor, but shall not be required to carry passengers.

(3) Such skidway, tramway, chute, pipeline or flume shall afford to
all persons equal facilities in the use thereof for the purpose to which
they are adapted, upon tender or payment of the reasonable compensation
for such use. [Amended by 1953 c.559 §3](1) Any person requiring land for a right of way for the
transportation of the products of mines located in this state may acquire
such land for such purposes in the manner and subject to the rights,
privileges and liabilities under ORS 376.505 to 376.540.

(2) Lands acquired under this section shall not revert to the
original owner, the heirs and assigns of the original owner, until their
use as contemplated in this section has ceased for a period of five years.CONDEMNATION BY PIPELINE AND GAS COMPANIES As used in ORS
772.505 to 772.520, unless the context otherwise requires:

(1) “Pipeline” includes pipes, lines, natural gas mains or lines
and their appurtenances, including but not limited to pumps and pumping
stations, used in transporting or distributing fluids, including
petroleum and petroleum products or natural gases.

(2) “Pipeline company” includes any corporation, partnership or
limited partnership, transporting, selling or distributing fluids,
including petroleum products, or natural gases and those organized for
constructing, laying, maintaining or operating pipelines, which are
engaged, or which propose to engage in, the transportation of such fluids
or natural gases. [Amended by 1971 c.655 §242a; 1989 c.821 §1] (1)
Any pipeline company that is a common carrier and that is regulated as to
its rates or practices by the United States or any agency thereof, may
enter in the manner provided by ORS 35.220 upon lands within this state
outside the boundaries of incorporated cities.

(2) This right may be exercised for the purpose of examining,
surveying and locating a route for any pipeline, but it shall not be done
so as to create unnecessary damage.

(3) These pipeline companies may appropriate and condemn such
lands, or easements thereon or thereover, in such width as is reasonably
necessary to accomplish their pipeline company purposes, by proceedings
for condemnation as prescribed by ORS chapter 35. [Amended by 1971 c.655
§243; 1989 c.821 §2; 2003 c.477 §12] (1) Whenever
such pipelines are laid along a public road, they shall be placed as
closely as practicable to the extreme outside edge of the right of way of
such road.

(2) With the exception of pumping, compressor, regulator or meter
station buildings, no pipes or pipelines shall pass under any building in
this state. Such pipes or pipelines shall not pass through or under any
cemetery except by the consent of the owner thereof.

(3) When cultivated lands are appropriated under ORS 772.510, such
pipes and pipelines shall be well buried under ground, in conformance
with federal pipeline safety regulations in effect at the time of
construction, and such surface shall be properly and promptly restored by
such pipeline company unless otherwise consented to by the owner of such
land.

(4) When unimproved lands of another are appropriated under ORS
772.510 and such lands thereafter become cultivated or improved, such
pipes or pipelines shall be buried by the pipeline company as provided in
subsection (3) of this section, within a reasonable time after notice by
the owner of such lands, or the agent of the owner, to the pipeline
company or its agent. [Amended by 1989 c.821 §3](1) Prior to the filing of any
condemnation action under ORS 772.510, the pipeline company shall adopt a
resolution showing the approximate route and termini of the proposed
pipeline, or the extension or branch of any existing pipeline.

(2) A copy of this resolution, certified by the pipeline company,
shall be filed in the office of the Secretary of State, in the office of
each county clerk of those counties where such pipeline, extension or
branch of an existing pipeline is proposed to be constructed, and also in
the office of the Public Utility Commission. [Amended by 1989 c.821 §4]CONDEMNATION FOR UNDERGROUND NATURAL GAS STORAGE As used in ORS
772.610 to 772.625, unless the context otherwise requires:

(1) “Natural gas company” means every corporation, company,
association, joint stock association, partnership or person authorized to
do business in this state and engaged in the transportation, distribution
or underground storage of natural gas.

(2) “Pipeline” has the meaning given that term in ORS 772.505 (1).

(3) “Underground reservoir” means any subsurface sand, strata,
formation, aquifer, cavern or void whether natural or artificially
created, suitable for the injection and storage of natural gas therein
and the withdrawal of natural gas therefrom, but excluding a “pool.”

(4) “Underground storage” means the process of injecting and
storing natural gas within and withdrawing natural gas from an
underground reservoir. [1977 c.296 §8; 1989 c.821 §5]Any natural gas company may condemn for its use for the
underground reservoir, as well as other property or interests in property
which may be necessary to adequately maintain and utilize the underground
reservoir for the underground storage of natural gas, including easements
and rights of way for access to and egress from the underground storage
reservoir. The provisions of ORS chapter 35 and ORS 520.340 and 520.350
are applicable to any condemnation action brought under this section.
[1977 c.296 §9] (1) Whenever a pipeline
or appurtenance used in conjunction with the underground storage of
natural gas in an underground reservoir is laid along a public road, it
shall be placed as closely as practicable to the extreme outside edge of
the right of way of the road.

(2) Such pipeline or appurtenance shall not be located under or
pass through or under any cemetery, church, college, schoolhouse,
residence, business or storehouse, or through or under any building in
this state, except by the consent of the owner thereof.

(3) When cultivated lands are appropriated under ORS 772.615, such
pipelines shall be well buried underground, at least 20 inches under the
surface, which shall be properly and promptly restored by the natural gas
company unless otherwise consented to by the owner of the land.

(4) When unimproved lands are appropriated under ORS 772.615 and
thereafter become cultivated or improved, such pipelines shall be buried
by the natural gas company as provided in subsection (3) of this section,
within a reasonable time after notice by the owner of such lands, or the
agent of the owner, to the natural gas company or its agent. [1977 c.296
§10](1) Prior to the filing of any condemnation action
under ORS 772.615, the natural gas company shall adopt a resolution
showing the approximate route and termini of any proposed pipeline, or
the extension or branch of any existing pipeline, to be used in
conjunction with the underground storage of natural gas, and showing the
location and formation of any underground reservoir to be used for the
underground storage of natural gas.

(2) A copy of this resolution shall be filed in the office of the
Secretary of State, and also in the office of the county clerk of each
county or counties where such pipeline, extension or branch of an
existing pipeline, or underground reservoir is proposed to be constructed
or utilized for the underground storage of natural gas, and also
published in a newspaper of general circulation in each county. [1977
c.296 §11]

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