2007 Oregon Code - Chapter 374 :: Chapter 374 - Control of Access to Public Highways
Chapter 374
Control of Access to Public Highways
2007 EDITION
CONTROL OF ACCESS TO PUBLIC HIGHWAYS
HIGHWAYS, ROADS, BRIDGES AND FERRIES
THROUGHWAYS
374.005 Policy
and purpose of ORS 374.005 to 374.095
374.010 Throughway
defined
374.015 Department
of Transportation to establish and maintain throughways; highways to be
designated throughways
374.020 Interference
with railroad facilities prohibited
374.025 Change
from throughway to highway
374.030 Separation
of throughways into separate roadways; ingress and egress
374.035 Acquisition
of real property; effect of resolution
374.040 Acquisition
of land not immediately needed
374.045 Payment
for land acquired
374.050 Parties
bringing eminent domain proceedings
374.055 Evidentiary
purposes of improvement plan
374.060 Power
of Department of Transportation as to intersecting streets and roads
374.065 Intersection
of throughways and county roads
374.070 Throughways
in cities; intersecting streets
374.075 Cooperation
of municipal and county authorities with Department of Transportation
374.080 Agreements
with federal government, counties and cities
374.085 Severance
by throughway of agricultural land
374.090 Destruction
by throughway of access to agricultural property
374.095 Utility
roads where access to abutting property affected
APPROACH ROADS, PRIVATE CROSSINGS AND OTHER FACILITIES UPON RIGHT OF
WAY
374.305 Necessity
of permission to build on rights of way
374.307 Removal
or repair of installation constructed without permission
374.310 Rules
and regulations; permits
374.312 Rules
regarding permits for approach roads; intergovernmental agreements
374.313 Claim
for relief after closure of approach road; mediation; rules; appraisal
374.315 Construction
under permits; maintenance after construction
374.320 Removal
or repair of installation on right of way at expense of applicant
374.325 Effect
of ORS 374.305 to 374.325
374.330 Prior
status preserved
374.335 Driving
certain motor vehicles across public highway not deemed operation thereon
374.340 Cattle
crossings under public road
374.345 Rules
regarding turning onto state highway from approach road
374.350 Process
for appeal of decisions regarding access to highways
RIGHTS APPURTENANT TO PROPERTY ABUTTING CERTAIN HIGHWAYS AND ROADS
374.405 Access
rights of property abutting on state highways
374.410 Department
of Transportation to prescribe access rights of abutting property
374.415 Action
to prevent entering or leaving state highways in manner not authorized
374.420 County
throughways; rights of abutting property owners
374.425 County
court to prescribe access rights of abutting property
374.430 Action
to prevent entering or leaving county roads in unauthorized manner
PENALTIES
374.990 Penalty
for violation of ORS 374.305 or of regulation adopted under ORS 374.310
THROUGHWAYS
374.005
Policy and purpose of ORS 374.005 to 374.095. (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.
374.010
Throughway defined. 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.
374.015
Department of Transportation to establish and maintain throughways; highways to
be designated throughways.
(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.
374.020
Interference with railroad facilities prohibited. 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]
374.025
Change from throughway to highway. 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.
374.030
Separation of throughways into separate roadways; ingress and egress. (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.
374.035
Acquisition of real property; effect of resolution. (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.
374.040
Acquisition of land not immediately needed. 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.
374.045
Payment for land acquired.
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.
374.050
Parties bringing eminent domain proceedings. 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.
374.055
Evidentiary purposes of improvement plan. 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.
374.060
Power of Department of Transportation as to intersecting streets and roads. 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.
374.065
Intersection of throughways and county roads. (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.
374.070
Throughways in cities; intersecting streets. (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.
374.075
Cooperation of municipal and county authorities with Department of
Transportation. 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.
374.080
Agreements with federal government, counties and cities. 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.
374.085
Severance by throughway of agricultural land. 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.
374.090
Destruction by throughway of access to agricultural property. 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.
374.095
Utility roads where access to abutting property affected. 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 owners right of reasonable view shall not be impaired.
374.205 [Repealed by 1967 c.497 §7]
374.210 [Repealed by 1967 c.497 §7]
374.215 [Repealed by 1967 c.497 §7]
374.220 [Amended by 1957 c.459 §3; repealed by 1967
c.497 §7]
374.225 [Repealed by 1967 c.497 §7]
374.230 [Repealed by 1967 c.497 §7]
374.235 [Repealed by 1967 c.497 §7]
374.240 [Repealed by 1967 c.497 §7]
374.245 [Repealed by 1967 c.497 §7]
374.250 [Repealed by 1967 c.497 §7]
374.255 [Repealed by 1967 c.497 §7]
374.260 [Repealed by 1967 c.497 §7]
374.265 [Renumbered 374.335]
374.270 [Renumbered 374.340]
APPROACH
ROADS, PRIVATE CROSSINGS AND OTHER FACILITIES UPON RIGHT OF WAY
374.305
Necessity of permission to build on rights of way. (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]
374.307
Removal or repair of installation constructed without permission. (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]
374.310
Rules and regulations; permits.
(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]
374.312
Rules regarding permits for approach roads; intergovernmental agreements. (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]
374.313
Claim for relief after closure of approach road; mediation; rules; appraisal. (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 owners 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.
374.315
Construction under permits; maintenance after construction. 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.
374.320
Removal or repair of installation on right of way at expense of applicant. (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 applicants 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]
374.325
Effect of ORS 374.305 to 374.325. Nothing in ORS 374.305 to 374.325 shall:
(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]
374.330
Prior status preserved. (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]
374.335
Driving certain motor vehicles across public highway not deemed operation
thereon. 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]
374.340
Cattle crossings under public road. 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 persons 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]
374.345
Rules regarding turning onto state highway from approach road. 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]
374.350
Process for appeal of decisions regarding access to highways. 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
374.405
Access rights of property abutting on state highways. 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.
374.410
Department of Transportation to prescribe access rights of abutting property. 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.
374.415
Action to prevent entering or leaving state highways in manner not authorized. 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.
374.420
County throughways; rights of abutting property owners. (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]
374.425
County court to prescribe access rights of abutting property. 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]
374.430
Action to prevent entering or leaving county roads in unauthorized manner. 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]
PENALTIES
374.990
Penalty for violation of ORS 374.305 or of regulation adopted under ORS
374.310. In 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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