2007 Oregon Code - Chapter 772 :: Chapter 772 - Rights of Way for Public Uses
Chapter 772 —
Rights of Way for Public Uses
2007 EDITION
RIGHTS OF WAY FOR PUBLIC USES
UTILITY REGULATION
CONDEMNATION OF PROPERTY BY PRIVATE
CORPORATIONS GENERALLY
772.010Â Â Â Â Right
of entry for survey of proposed right of way; notice required
772.015Â Â Â Â Condemnation
of lands for rights of way and necessary facilities
772.020Â Â Â Â Condemnation
of additional land for railway purposes
772.025Â Â Â Â Approval
of railroad crossing, intersection or connection
772.030Â Â Â Â Condemnation
of right of way through canyon or pass for joint use by railroads
772.035Â Â Â Â Acquisition
of water rights by corporations for canal, irrigation, domestic or stock
purposes
772.040Â Â Â Â Condemnation
rights of pipe corporations
772.045Â Â Â Â Right
to cut timber and build aqueducts
772.050Â Â Â Â Condemnation
of riparian rights and for reservoirs
772.055Â Â Â Â Condemnation
procedure
772.060Â Â Â Â Condemnation
rights for change of grade or location of railway, canal or pipes
772.065Â Â Â Â Appropriation
of county road or property in lieu thereof by agreement with county court
772.070Â Â Â Â Procedure
on dispute between county and corporation
APPROPRIATION OF PUBLIC LANDS FOR RAILROADS
772.105Â Â Â Â Authority
to appropriate
CONDEMNATION BY PUBLIC UTILITIES AND ELECTRICAL COOPERATIVE
ASSOCIATIONS
772.205Â Â Â Â Definitions
for ORS 772.210 and 772.215
772.210Â Â Â Â Right
of entry and condemnation of lands for construction of service facilities
772.215Â Â Â Â Appropriation
of public lands
CONDEMNATION FOR DRAINAGE OR IRRIGATION
772.305Â Â Â Â Condemnation
of right of way for drainage or irrigation
772.310Â Â Â Â Right
to enlarge existing irrigation system
CONDEMNATION BY CORPORATIONS FOR REDUCTION OF ORES, MINING, QUARRIES,
LUMBERING AND TRANSPORTATION OF MINING PRODUCTS
772.405Â Â Â Â Condemnation
by corporations for reduction of ores
772.410Â Â Â Â Right
of entry and condemnation by mining, quarrying and lumber corporations
772.415Â Â Â Â Public
benefit and use of facilities constructed under ORS 772.410
772.420Â Â Â Â Condemnation
for transportation of minerals; conditions of reversion
CONDEMNATION BY PIPELINE AND GAS COMPANIES
772.505Â Â Â Â Definitions
for ORS 772.505 to 772.520
772.510Â Â Â Â Right
of entry and condemnation by pipeline companies
772.515Â Â Â Â Regulation
concerning location of facilities
772.520Â Â Â Â Resolution
showing route and termini of pipeline
CONDEMNATION FOR UNDERGROUND NATURAL GAS
STORAGE
772.610Â Â Â Â Definitions
for ORS 772.610 to 772.625
772.615Â Â Â Â Condemnation
for underground reservoirs; applicability of ORS chapter 35
772.620Â Â Â Â Placement
of pipeline facilities
772.625Â Â Â Â Resolution
showing proposed route and termini of pipeline
772.005 [Repealed by 1971 c.655 §250]
CONDEMNATION OF PROPERTY BY PRIVATE
CORPORATIONS GENERALLY
     772.010
Right of entry for survey of proposed right of way; notice required. (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]
     772.015
Condemnation of lands for rights of way and necessary facilities. 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]
     772.020
Condemnation of additional land for railway purposes. (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.
     772.025
Approval of railroad crossing, intersection or connection. (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]
     772.030
Condemnation of right of way through canyon or pass for joint use by railroads. (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]
     772.035
Acquisition of water rights by corporations for canal, irrigation, domestic or
stock purposes. 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.
     772.040
Condemnation rights of pipe corporations. 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.
     772.045
Right to cut timber and build aqueducts. 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]
     772.050
Condemnation of riparian rights and for reservoirs. 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]
     772.055
Condemnation procedure. 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.
     772.060
Condemnation rights for change of grade or location of railway, canal or pipes. 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]
     772.065
Appropriation of county road or property in lieu thereof by agreement with
county court. (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.
     772.070
Procedure on dispute between county and corporation. (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]
     772.100 [Repealed by 1971 c.655 §250]
APPROPRIATION
OF PUBLIC LANDS FOR RAILROADS
     772.105
Authority to appropriate.
(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]
     772.110 [Repealed by 1971 c.655 §250]
     772.115 [Repealed by 1971 c.655 §250]
     772.120 [Repealed by 1971 c.655 §250]
     772.125 [Amended by 1953 c.160 §3; repealed by 1971
c.655 §250]
     772.130 [Repealed by 1971 c.655 §250]
     772.135 [Repealed by 1971 c.655 §250]
     772.140 [Repealed by 1971 c.655 §250]
     772.145 [Repealed by 1971 c.655 §250]
     772.150 [Repealed by 1971 c.655 §250]
     772.155 [Repealed by 1971 c.655 §250]
     772.160 [Repealed by 1971 c.655 §250]
CONDEMNATION
BY PUBLIC UTILITIES AND ELECTRICAL COOPERATIVE ASSOCIATIONS
     772.205
Definitions for ORS 772.210 and 772.215. 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]
     772.210
Right of entry and condemnation of lands for construction of service facilities. (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]
     772.215
Appropriation of public lands.
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]
     772.220 [Repealed by 1971 c.655 §250]
CONDEMNATION
FOR DRAINAGE OR IRRIGATION
     772.305
Condemnation of right of way 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]
     772.310
Right to enlarge existing irrigation system. (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]
     772.315 [Repealed by 1971 c.655 §250]
CONDEMNATION
BY CORPORATIONS FOR REDUCTION OF ORES, MINING, QUARRIES, LUMBERING AND
TRANSPORTATION OF MINING PRODUCTS
     772.405
Condemnation by corporations for reduction of ores. (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.
     772.410
Right of entry and condemnation by mining, quarrying and lumber corporations. 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]
     772.415
Public benefit and use of facilities constructed under ORS 772.410. (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]
     772.420
Condemnation for transportation of minerals; conditions of reversion. (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
     772.505
Definitions for ORS 772.505 to 772.520. 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]
     772.510
Right of entry and condemnation by pipeline companies. (1) Any pipeline company that is a common
carrier and that is regulated as to its rates or practices by the
     (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]
     772.515
Regulation concerning location of facilities. (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]
     772.520
Resolution showing route and termini of pipeline. (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]
     772.525 [Repealed by 1971 c.655 §250]
     772.555 [Repealed by 1971 c.655 §250]
     772.560 [Repealed by 1971 c.655 §250]
     772.605 [Repealed by 1971 c.655 §250]
CONDEMNATION
FOR UNDERGROUND NATURAL GAS STORAGE
     772.610
Definitions for ORS 772.610 to 772.625. 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]
     772.615
Condemnation for underground reservoirs; applicability of ORS chapter 35. 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]
     772.620
Placement of pipeline facilities. (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]
     772.625
Resolution showing proposed route and termini of pipeline. (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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