2007 Oregon Code - Chapter 376 :: Chapter 376 - Ways of Necessity - Special Ways - Pedestrian Malls
Chapter 376
Ways of Necessity;
2007 EDITION
WAYS OF NECESSITY;
HIGHWAYS, ROADS, BRIDGES AND FERRIES
GENERAL PROVISIONS
376.005 County
court defined
STATUTORY WAYS OF NECESSITY
376.150 Definitions
for ORS 376.150 to 376.200
376.155 Petition
to establish way of necessity; contents; requirements
376.160 Notice
to landowners; investigation of proposed way; report to county governing body
376.165 Deposit
to cover county expenses
376.170 Filing
of answer by landowner; reply to answer by petitioner
376.175 Order
granting or denying way of necessity; contents; liability for costs; appeal
376.180 Conditions
for way of necessity
376.185 Way
of necessity over public land
376.190 Responsibility
for maintenance of way of necessity; alteration limited
376.195 Subsequent
partition of land receiving way of necessity requires government approval
376.197 Way
of necessity to historic cemeteries
376.200 Transfer
of jurisdiction over establishment of ways of necessity to circuit court; local
court rules; procedure after transfer
376.305 Policy
and purpose of Act
376.310 Definitions
for ORS 376.305 to 376.390
376.315 Application
to become forest road contractor
376.320 Hearing
on application; posting, publishing, serving and proof of notice
376.325 Signing
and contents of notice
376.330 Order
approving application; service of order
376.335 Contracting
with applicant
376.340 Bond
and insurance of forest road contractor
376.345 Contents
of forest road contract
376.350 Filing
copies of forest road contract
376.355 Limitations
on using motor vehicles to transport forest products over forest road;
regulations and permits for crossing state highways
376.360 Signs
giving notice of certain vehicles on forest road
376.365 Persons
having rights under forest road law and contract
376.370 Supervision
over forest road work by roadmaster
376.375 Contract
liability of forest road contractor
376.380 Assignment
of forest road contract
376.385 Paying
over fines, penalties and forfeited security deposits to county treasurer
376.390 Payment
of taxes and fees by forest road contractor
CONDEMNATION OF
376.505 Filing
statement of route and bond; right of entry
376.507 Definition
of transportation of the raw products of the forest
376.510 Right
to acquire and condemn land for logging road
376.515 Property
subject to appropriation
376.520 Condemnation
procedure
376.525 Assessment
of damages
376.530 Fencing
appropriated land
376.535 Use
of appropriated property; reversion on disuse
376.540 Logging
roads
MISCELLANEOUS WAYS
376.620 Skyline,
logging line, ferry skyline or cable footbridge; authorization and regulation
by land board
PEDESTRIAN MALLS
376.705 Definitions
for ORS 376.705 to 376.825
376.710 Legislative
findings; short title
376.715 Construction
of Pedestrian Mall Law; validity of proceedings
376.720 Powers
of city with respect to pedestrian mall
376.725 Resolution
for establishment of mall; general contents of resolution
376.730 Description
of proposed mall and intersecting streets
376.735 Contents
of resolution when landowners to be paid for damages by assessments on
benefited property
376.740 Contents
of resolution when improvements are proposed
376.745 Resolution
to be published and posted
376.750 Copies
of resolution to be mailed to affected persons
376.755 Objections
to mall; claims for damages; right to damages not created
376.760 Effect
of objections by landowners
376.765 Changing
boundaries when assessments to be levied under ORS 376.735; notice; objections
376.770 Allowing
claims for damages; payment
376.775 Hearing
objections, claims and protests; waiver; decision; continuations
376.780 Resolution
after hearing; fixing boundaries
376.785 Judicial
proceedings to determine unsettled claims for damages; satisfaction prior to
traffic prohibition
376.790 Assessment
of damages and other expenses against benefited lands
376.795 Manner
of assessment; sale of bonds representing unpaid assessments
376.800 Special
fund for payment of damages and expenses; use of surplus
376.805 Payment
of damages and other expenses from sources other than assessments and bonds
376.810 Ordinance
establishing mall; contents
376.815 Adoption
of ordinance; payment of claims, damages and compensation
376.820 Jurisdiction
over mall; abandonment or modification
376.825 Improvements
on mall; payment of costs
PENALTIES
376.990 Penalties
GENERAL PROVISIONS
376.005
County court defined. As
used in this chapter, unless the context requires otherwise, county court
means the governing body of the county, whether it is a county court or board
of county commissioners.
376.105 [Repealed by 1979 c.862 §12]
376.110 [Repealed by 1979 c.862 §12]
376.115 [Repealed by 1979 c.862 §12]
376.120 [Repealed by 1979 c.862 §12]
376.125 [Repealed by 1979 c.862 §12]
376.130 [Repealed by 1979 c.862 §12]
376.135 [Repealed by 1979 c.862 §12]
376.140 [Repealed by 1971 c.743 §432]
376.145 [Repealed by 1979 c.862 §12]
STATUTORY
WAYS OF NECESSITY
376.150
Definitions for ORS 376.150 to 376.200. As used in ORS 376.150 to 376.200:
(1) Public road means the entire right
of way of any road over which the public has the right of use or any right of
way held by the state or a political subdivision of the state for road purposes
that is not open for public use.
(2) Way of necessity means:
(a) A road established under ORS 376.150
to 376.200 to provide motor vehicle access from a public road to land that
would otherwise have no motor vehicle access; or
(b) A route established under ORS 376.150
to 376.200 to provide utility service access from an existing service location
to a service point that would otherwise have no utility service access. [1979
c.862 §1; 1989 c.674 §1]
376.155
Petition to establish way of necessity; contents; requirements. (1) To establish a way of necessity under
ORS 376.150 to 376.200, a landowner shall file a petition with the governing
body of the county in which the land is located.
(2) A petition filed under this section
shall contain a drawing and a narrative statement that contain all of the
following information:
(a) The location and legal description of
the property to be served by the proposed way of necessity.
(b) The location of all public roads
located in the vicinity of the property to be served by the proposed way of
necessity that are capable of being used to provide access to the property. The
petition shall include the location of public roads that are not open for
public use.
(c) A specific proposed location for the
proposed way of necessity.
(d) Evidence showing the necessity for the
establishment of a way of necessity.
(e) Evidence that either:
(A) The proposed way of necessity does not
connect to a public road that has access rights acquired and limited by the
state or county; or
(B) If the public road proposed for access
by way of necessity has the limited access rights, the state or county is
willing to grant permission to connect the proposed way of necessity to the
public road.
(f) Evidence that the proposed way of
necessity may be connected to the public road safely.
(g) Evidence that the specific location
proposed for the way of necessity is the nearest practicable point for
connection to a way of necessity to a public road.
(h) The names and addresses of the persons
owning the land across which the way of necessity could be located.
(i) The petitioners proposal for the
amount of compensation to persons owning land across which the way of necessity
is proposed to be located.
(j) Evidence that the petitioner does not
have an existing easement or right to an easement to provide access to a public
road.
(k) Evidence that the petitioner does not
have any enforceable access to a public road. [1979 c.862 §2; 1991 c.936 §2]
376.160
Notice to landowners; investigation of proposed way; report to county governing
body. (1) Upon receipt of a
petition for a way of necessity filed under ORS 376.155, a county governing
body shall:
(a) Provide for service of the petition on
all persons owning land across which the way of necessity could be located; and
(b) Direct the county engineer, county
surveyor or other persons appointed by the governing body to investigate the
proposed way of necessity and to submit a written report to the county
governing body.
(2) The report under subsection (1) of
this section shall include:
(a) Possible alternate routes for ways of
necessity to the property;
(b) A determination of whether the
proposed way of necessity meets the requirements under ORS 376.150 to 376.200;
(c) The reasonableness of the way of
necessity proposed in the petition; and
(d) A recommendation for a specific
location and width for a way of necessity.
(3) Upon receipt of the report under
subsection (2) of this section, the county governing body shall:
(a) Provide a copy of the report to the
petitioner; and
(b) Serve a copy of the petition and
report on all persons owning land across which the way of necessity is proposed
to be located under the report or the petition.
(4) Service of the petition and report
under this section shall be accomplished in the manner provided for service of
summons in an action at law. If the report includes a recommendation for a
route different than the route proposed in the petition, service on the
affected parties shall include a copy of the petition. [1979 c.862 §3]
376.165
Deposit to cover county expenses. Upon receipt of a petition for a way of necessity filed under ORS
376.155, a county governing body may require the petitioner to deposit with the
county an amount of money or other security to use for payment of county
expenses incurred in the procedure for establishing the way of necessity or to
assure that the expenses will be paid. If a deposit of money is required by the
governing body, the deposit may be used to pay expenses and shall be deducted
from the expenses ordered to be paid under ORS 376.175. [1979 c.862 §3a]
376.170
Filing of answer by landowner; reply to answer by petitioner. (1) Any person owning land across which a
way of necessity is proposed to be established under ORS 376.150 to 376.200 may
file an answer controverting any matter in the petition or report and alleging
any new matter relevant to the proceedings. An answer filed under this
subsection must be filed within 30 days after receipt of service of the
petition and report. An answer shall be filed with the county governing body.
The county governing body shall provide for service of the answer upon the
petitioner in the manner provided for service of summons in an action at law.
(2) If an answer is filed under this
section, the petitioner may file a reply controverting any matter presented in
the answer. A reply filed under this section must be filed within 10 days after
receipt of service of the answer by the petitioner. A reply shall be filed with
the county governing body. The county governing body shall provide for service
of the reply upon the person filing the answer in the manner provided for
service of summons in an action at law. [1979 c.862 §4]
376.175
Order granting or denying way of necessity; contents; liability for costs;
appeal. (1) Upon
consideration of the matters and issues presented under ORS 376.150 to 376.200,
the county governing body shall determine whether or not a need has been
demonstrated for the granting of a way of necessity under ORS 376.150 to
376.200 and shall enter an order granting or denying the way of necessity.
(2) Any order entered under this section
shall:
(a) State whether the way of necessity is
granted or denied;
(b) Declare as established any way of
necessity that is granted;
(c) Describe the exact location and width
of any way of necessity established;
(d) Describe those uses that are permitted
on any way of necessity established;
(e) Direct the petitioner to pay costs and
reasonable attorney fees incurred by each owner of land whose land was subject
to the petitioners action for a way of necessity under ORS 376.150 to 376.200;
(f) Establish the amount of compensation
due to any owner of land across which any way of necessity has been established
and direct the petitioner to pay the compensation; and
(g) Establish the costs incurred by the
county in the procedures for the way of necessity under ORS 376.150 to 376.200
and direct the petitioner to reimburse the county for those costs not already
paid by petitioner.
(3) An order entered under subsections (1)
and (2) of this section to provide for utility service, as set forth in ORS
376.150 (2)(b), shall conform to affected utility policy and standards.
(4) A petitioner shall pay any costs the
petitioner is directed to pay under an order issued under this section within
60 days after entry of the order. The petitioner is liable for any costs not
paid within the time established in this subsection. If more than one landowner
joins in a petition for a way of necessity under ORS 376.155, every petitioner
granted use of the way of necessity shall be jointly and severally liable for
any costs ordered to be paid.
(5) Any party to the action for a way of
necessity may contest any part of the order of the county governing body in an
appeal filed with the circuit court within 30 days after entry of the order of
the county governing body. [1979 c.862 §5; 1989 c.674 §2; 1991 c.936 §3]
376.180
Conditions for way of necessity. A way of necessity established under ORS 376.150 to 376.200 shall:
(1) Be located to cause the least possible
damage to land across which it is located;
(2) Be fenced or gated if required by the
county governing body;
(3) Not be connected to a public road in a
location or manner that creates a traffic hazard or decreases the safety on the
public road;
(4) Be established only for uses in
connection with the property for which the way of necessity is sought;
(5) Not be subject to any use that is not
described in the order establishing the way of necessity;
(6) Not exceed 30 feet in width unless
authorized by the county governing body for engineering purposes;
(7) Not be connected to a public road
where the rights of access to the road have been acquired by the state or a
county unless the state or governing body of the county grants permission for
the connection;
(8) Not be established if the property for
which the way of necessity is sought has an existing enforceable access to a
public road;
(9) Not be established if the petitioner
for the way of necessity could acquire an easement for access to a public road
through other legal action;
(10) Not be established for land that has
been subdivided or partitioned in violation of ORS chapter 92;
(11) Not be established over land owned by
the state or a political subdivision of the state unless permission is granted
for the way of necessity under ORS 376.185; and
(12) Not be established for any land if
the owner of the land had knowingly eliminated access to all public roads from
the land by the sale of other land owned by the landowner. [1979 c.862 §6; 1991
c.936 §5; 1993 c.18 §91]
376.185
Way of necessity over public land. (1) A way of necessity may not be established under ORS 376.150 to
376.200 across land owned by the state or a political subdivision of the state
without the consent of the governing body of the political subdivision or of
the appropriate agency of the state. The governing body of a political
subdivision of this state and any agency of the state shall not unreasonably
withhold consent required under this subsection.
(2) Whenever a way of necessity is sought
over land owned by the state or a political subdivision of the state, a copy of
the petition for the way of necessity, of the county report and of the notice
of hearing shall be forwarded by certified mail to:
(a) If the political subdivision owns the
land, the governing body of the political subdivision.
(b) If the state owns the land, to the
Department of State Lands and to each agency of the state that has use or
control of the land. [1979 c.862 §7; 1993 c.98 §17]
376.190
Responsibility for maintenance of way of necessity; alteration limited. (1) A way of necessity that is established
under ORS 376.150 to 376.200 shall be maintained and kept passable by the
person owning the land for which the way of necessity is established. This
subsection does not require the person to provide for maintenance of the way of
necessity for uses or persons not specifically provided in the order establishing
the way of necessity.
(2) A way of necessity established under
ORS 376.150 to 376.200 shall not be altered or vacated except by the governing
body of the county in which it is located and in a manner provided by law for
the alteration or vacation of a public road.
(3) No county shall be required to work,
improve, maintain or repair a way of necessity. [1979 c.862 §8; 1991 c.936 §5]
376.195
Subsequent partition of land receiving way of necessity requires government
approval. Land for which a
way of necessity is established under ORS 376.150 to 376.200 shall not be
subsequently partitioned without the approval of the city or county governing
body which has partitioning authority. [1979 c.862 §9]
376.197
Way of necessity to historic cemeteries. (1) Notwithstanding any other provision of ORS 376.150 to 376.200, a
way of necessity for nonmotorized conveyance is established to any parcel that
meets the criteria described in ORS 308A.125.
(2)(a) Notwithstanding any other provision
of ORS 376.150 to 376.200, a way of necessity is established to a historic
cemetery listed in accordance with the provisions of ORS 97.782.
(b) The way of necessity established under
paragraph (a) of this subsection shall:
(A) Be designated by the owner of the land
over which the way of necessity passes; and
(B) Be accessible, at reasonable times to
be designated by the property owner for visitation, maintenance or research
purposes, to the owner of the historic cemetery, to descendants of those
persons buried in the historic cemetery and to persons interested in historical
research. The reasonableness of the times designated by the property owner
shall be based on the need of the property owner to make use of the property
and the need of the historic cemetery visitors for family visitation,
maintenance or research access to the historic cemetery. [1999 c.314 §46; 2001
c.364 §1; 2003 c.173 §9]
376.200
Transfer of jurisdiction over establishment of ways of necessity to circuit
court; local court rules; procedure after transfer. (1) Notwithstanding any provision of ORS
376.150 to 376.200, a county governing body may adopt an ordinance removing the
county governing body from jurisdiction over the establishment of ways of
necessity under ORS 376.150 to 376.200.
(2) If the county governing body adopts an
ordinance described in subsection (1) of this section, the circuit court of
that county shall have jurisdiction of the establishment of ways of necessity
for that county. Except as otherwise provided in this section, a court with jurisdiction
of the establishment of ways of necessity under this section shall follow the
procedures for establishment of a way of necessity provided under ORS 376.150
to 376.200. The court may adopt local court rules to supplement the procedures
provided under ORS 376.150 to 376.200.
(3) Notwithstanding ORS 376.175, if
jurisdiction for establishment of ways of necessity is in the circuit court as
provided under this section, an appeal from the decision of the court shall be
to the Court of Appeals.
(4) Notwithstanding ORS 376.160 (1), if
jurisdiction for establishment of ways of necessity is in the circuit court as
provided under this section, upon filing a petition the petitioner shall:
(a) Provide for service of the petition on
all persons owning land across which the way of necessity could be located; and
(b) Post a bond or security deposit with
the court clerk in an amount required by the court to pay for the cost of the
investigation and report under subsection (5) of this section.
(5) If jurisdiction for establishment of
ways of necessity is in the circuit court as provided under this section, upon
receipt of a petition the court shall appoint a person to investigate the
proposed way of necessity and submit a written report to the court and the petitioner.
The cost of the investigation and report shall be charged against the bond or
security deposit posted under subsection (4) of this section. If the bond or
security deposit is more than the actual cost of the investigation and report,
the difference shall be refunded to the petitioner. If the bond or security
deposit is less than the actual cost of the investigation and report, the
petitioner shall pay to the county governing body the amount of the deficiency.
A judgment of the court shall not become final until the full cost of the
investigation and report has been paid.
(6) Notwithstanding ORS 376.160 (3), if
jurisdiction for establishment of ways of necessity is in the circuit court as
provided under this section, upon receipt of the report under subsection (5) of
this section, the petitioner shall serve a copy of the petition and report on
all persons owning land across which the way of necessity is proposed to be
located under the petition or report. [1979 c.862 §10; 1995 c.265 §1]
376.205 [Repealed by 1981 c.153 §79]
376.210 [Repealed by 1981 c.153 §79]
376.215 [Repealed by 1981 c.153 §79]
376.220 [Repealed by 1981 c.153 §79]
376.305
Policy and purpose of Act.
(1) It is declared that a substantial part of the forest resources of this
state are now left unharvested and are lost by reason of the excessive cost of
transportation thereof to market; that substantial forest areas can be
economically managed, harvested and the products thereof transported to market
only by use of certain county and public roads which the counties of this state
are unable to construct, improve and maintain so as to enable their safe and
economical use for such purposes.
(2) It is declared to be the public policy
of this state to conserve and develop its natural resources, to encourage and
facilitate the transportation of products of the forest and the salvage and
utilization of such products now being wasted, and to develop and improve
certain county and other public roads for such purposes.
376.310
Definitions for ORS 376.305 to 376.390. As used in ORS 376.305 to 376.390:
(1) Forest road means any county or
public road, or part thereof, outside the corporate limits of a city, which is
within or extends into or toward a mountainous or timbered area, and which is
under the control and supervision of a county court of this state.
(2) Contract forest road means a forest
road improved or maintained pursuant to a contract made under ORS 376.305 to
376.390.
(3) Logging operator means any person having
the right to cut and remove timber or forest products in this state, or who is
engaged or desirous of engaging in this state in the transportation of forest
products, by motor vehicle, to market or processing plant.
(4)
(5) Motor vehicle includes any motor
vehicle with or without a trailer or semitrailer.
(6) Person means any person, firm or
corporation, or group or combination thereof.
376.315
Application to become forest road contractor. (1) Any logging operator desiring to become a forest road contractor
may make application to the county court having jurisdiction and control over a
forest road, to improve or maintain, or improve and maintain, such road.
(2) The application shall set forth:
(a) A description of the road and the
termini thereof.
(b) If the applicant proposes to improve
the road, a general statement of the improvements proposed to be made.
(c) If the applicant proposes to maintain
the road, a general description of the maintenance work proposed to be done.
(3) The application shall be verified and
signed by the applicant and filed in the office of the county clerk, together
with an affidavit showing service thereof, either personally, by registered
mail or by certified mail with return receipt, on the Public Utility Commission
and on the Department of Transportation. [Amended by 1991 c.249 §29]
376.320
Hearing on application; posting, publishing, serving and proof of notice. (1) The county court shall:
(a) Fix a date for hearing the
application.
(b) Cause a notice of the hearing to be
posted at the place where the county court sessions are held and at three
public places in the vicinity of the forest road specified in the application,
for at least 30 days immediately prior to the date set for hearing.
(c) Cause notice of the hearing to be
published in a newspaper published in the county and having general circulation
therein, but if there is no such newspaper published in the county, then in any
newspaper having general circulation in the county, for not less than once a
week for two weeks immediately prior to the date set for the hearing.
(2) A copy of the notice shall be served
personally, by registered mail or by certified mail with return receipt on the
Public Utility Commission and on the Department of Transportation at least 15
days prior to the date set for hearing.
(3) Proof that the notice has been posted
and served shall be made by affidavit and filed in the proceeding. [Amended by
1991 c.249 §30]
376.325
Signing and contents of notice.
The notice of hearing shall be signed by the county clerk and shall state:
(1) The date the application was filed.
(2) The name of the applicant.
(3) The description of the forest road
proposed to be improved or maintained, or both.
(4) The proposal for improvement or
maintenance, or both, as set forth in the application.
(5) The time and place of hearing.
(6) That all persons interested may appear
and be heard for or against the application.
376.330
Order approving application; service of order. After the hearing, the county court may, in
its discretion, approve or disapprove the application. If the application is
approved, a copy of the approving order together with a copy of the findings of
the county court shall be served by the county clerk by registered mail or by
certified mail with return receipt within 10 days after the order is made, upon
the Public Utility Commission and the Department of Transportation. The county
clerk shall file in the proceeding the certificate of such service. [Amended by
1991 c.249 §31]
376.335
Contracting with applicant.
Any county court that has approved any such application may contract with the
applicant, in accordance with ORS 376.305 to 376.390, and without advertisement
for bids, for the improvement or maintenance, or both, of the forest road
described in the application. The terms of the contract as to specifications of
the work shall not be limited by the proposal for improvement or maintenance as
contained in the application.
376.340
Bond and insurance of forest road contractor. (1) Before execution of any contract under ORS 376.305 to 376.390, the
forest road contractor shall execute and file with the county clerk a
performance bond in an amount to be fixed by the county court.
(2) The forest road contractor shall
furnish, and have in force during the entire term of the contract, public
liability and property damage insurance covering the operation and the
operation of agents and subcontractors of the forest road contractor in the
improvement, maintenance and use of the contract forest road in any amount that
may be fixed in the contract, but the public liability insurance shall be for
an amount of not less than $50,000 for bodily injuries to or death of one
person and, subject to that minimum amount for each person, not less than
$100,000 for bodily injuries to or death of more than one person in any one
accident, and the property damage insurance shall be for an amount of not less
than $5,000 for injury to or destruction of property in any one accident. [Amended
by 1953 c.370 §5; 1957 c.650 §14; 1983 c.740 §121]
376.345
Contents of forest road contract. Every contract entered into pursuant to ORS 376.305 to 376.390 shall:
(1) Describe the road and the termini
thereof.
(2) Specify the width of the roadbed and
contain reasonably complete specifications, prepared by the
(3) Specify the time within which the
improvement work other than maintenance shall be completed.
(4) Contain such provisions pertaining to
maintenance as may be agreed upon by the parties.
(5) Obligate the forest road contractor to
furnish all labor and materials required for the work the contractor has
contracted to do.
(6) Provide that the same rights and
privileges on the contract forest road as are available to the forest road contractor
are available to any other logging operator:
(a) Upon approval by the county court;
(b) Upon the logging operator furnishing
insurance as provided in ORS 376.340;
(c) Upon the logging operator reimbursing
the forest road contractor for an equitable portion of the construction costs,
if any, borne by the forest road contractor; and
(d) Upon the equitable sharing of the
logging operator with the forest road contractor in the costs of maintaining
the road, provision being made for either the specific rates therefor per 1,000
feet board measure of timber or equivalent of forest products transported over
the road or, in the alternative, a formula for determining such rates with a
provision for arbitration under ORS 36.600 to 36.740, in the event of disagreement
between the forest road contractor and another logging operator respecting the
application of the formula. [Amended by 2003 c.598 §41]
376.350
Filing copies of forest road contract. One copy of the contract shall be filed with the county clerk, one
with the Public Utility Commission and one with the Department of
Transportation.
376.355
Limitations on using motor vehicles to transport forest products over forest
road; regulations and permits for crossing state highways. (1) During such term as may be specified in
the contract, the forest road contractor and agents and subcontractors of the
forest road contractor have the right and privilege to:
(a) Use and operate over the contract
forest road, motor vehicles limited as to wheel base, weights, dimensions, tire
widths and tire surfaces only as specified in the contract.
(b) Transport forest products upon such
motor vehicles over the road, with loads limited as to gross weights, axle load
weights, tire load weights, and load dimensions and heights only as specified
in the contract.
(2) Whenever any forest road contractor
operates any motor vehicle having a size or weight prohibited by or in excess
of the limitations contained in any law pertaining to state highways, on a
contract forest road which crosses a state highway, the Department of
Transportation may adopt rules and regulations and issue permits for said motor
vehicle to cross said state highway in the use of such contract forest road.
Such rules and regulations and such permits may include, but need not be
limited to, provisions for reinforcing and strengthening the highway and for
the installation of signs and signals, and such other requirements as the
Department of Transportation may deem necessary for the preservation of the
highway and for the safety and best interest of the public. All construction
and installations under such permits shall be under the supervision of the
Department of Transportation and at the expense of the forest road contractor. [Amended
by 1953 c.370 §5]
376.360
Signs giving notice of certain vehicles on forest road. In the event the forest road contractor is
authorized by the provisions of the contract to operate vehicles or
combinations of vehicles, including any load thereon, of any size or
description not otherwise authorized by law, the county court shall erect and
maintain signs giving notice thereof in a conspicuous manner and placed at each
end of the forest road or section of forest road covered by the contract, and
at such other places as may be necessary to inform and warn the public.
376.365
Persons having rights under forest road law and contract. During the term of the forest road contract,
all exemptions, privileges and rights granted or provided for by ORS 376.305 to
376.390, and by the provisions of the contract made pursuant thereto, are
limited to the forest road contractor, the agents and subcontractors of the
forest road contractor, and to such other logging operators as may meet the
provisions required to be included in the contract by ORS 376.345 (6). This
section does not, however, prevent the use of the forest contract road by the
general public. [Amended by 1953 c.370 §5]
376.370
Supervision over forest road work by roadmaster. (1) All improvement and maintenance work
done pursuant to a forest road contract shall be under the supervision of the
(2) On request of the forest road
contractor, the county roadmaster shall inspect any completed segment of the
contract forest road, and if the county roadmaster determines the work to be in
compliance with the contract the county roadmaster shall approve the completion
in writing, deliver a copy of the approval to the contractor and file a copy
with the county clerk. Except in case of fraud, the approval of the
376.375
Contract liability of forest road contractor. The liability of any forest road contractor for failure to improve or
maintain the contract forest road or any bridge or culvert thereon in
accordance with the contract is limited to the contracting county.
376.380
Assignment of forest road contract. Any forest road contractor may assign the forest road contract in its
entirety, with approval of the contracting county court and not otherwise. A
copy of each assignment shall be filed with the county clerk. A copy of the
assignment together with a copy of the resolution of the county court approving
the assignment shall be delivered or sent by registered mail or by certified
mail with return receipt to the Public Utility Commission and the Department of
Transportation. [Amended by 1991 c.249 §32]
376.385
Paying over fines, penalties and forfeited security deposits to county
treasurer. All fines and
penalties collected, or security deposits forfeited, under ORS 376.990, shall
be paid by the court or judicial officer collecting the same to the county
treasurer of the county within which the violation occurred. The county
treasurer shall credit moneys so received to the county road fund of the
county. [Amended by 1991 c.67 §92; 1999 c.1051 §270; 2007 c.679 §4]
376.390
Payment of taxes and fees by forest road contractor. Nothing in ORS 376.305 to 376.390 relieves
the forest road contractor or agents or subcontractors of the forest road
contractor from payment of any taxes or fees prescribed by law, except that,
with respect to a motor vehicle operated upon a contract forest road by a
forest road contractor, or agent or subcontractor of the forest road
contractor, the road tax mileage fees prescribed by ORS 825.474, 825.476,
825.480 and 825.484 shall be assessed upon the declared combined weight of the
motor vehicle or 76,000 pounds, whichever is less. [Amended by 1953 c.370 §5]
CONDEMNATION
OF
376.505
Filing statement of route and bond; right of entry. (1) Any person, firm or corporation that
requires land for transportation of the raw products of the forest may file
with the county clerk of the county in which the land is located:
(a) A statement showing the approximate
route of any proposed road or railway and a general description of the tract
that the road or railway may travel.
(b) At the time of filing the statement, a
bond in such sum as may be fixed by order of the county court, conditioned upon
the payment to the owners of the lands required for the road or railway of any
and all damage that the owners may sustain by reason of entry upon the land for
the survey or location of the road or way.
(2) When the bond has been filed, such
person, firm or corporation shall have the right to enter upon the tract for
the purpose of examining, locating or surveying the line of the road or logging
railroad. [Amended by 2003 c.14 §162]
376.507
Definition of transportation of the raw products of the forest. As used in ORS 376.505 to 376.540 transportation
of the raw products of the forest includes ingress to and egress from
forestland solely for the purpose of management, protection, growth and
conservation of forest crops by thinning, reseeding, brush control and other
forest management operations. [1975 c.723 §2]
376.510
Right to acquire and condemn land for logging road. Any such person, firm or corporation has the
right to acquire and own all lands reasonably necessary for the logging road or
way to promote the transportation of logs or the raw products of the forest. If
such person, firm or corporation is unable to agree with the owners of the land
over which the logging railroad is necessary, as to the amount of compensation
to be paid therefor, such person, firm or corporation has the right to condemn
so much of the land necessary for the logging railroad, road or ways as may be
necessary for the use thereof, and may maintain the suit for condemnation in
the circuit court of the county wherein the lands are located. No land shall be
taken until compensation has been assessed and tendered.
376.515
Property subject to appropriation. No more lands shall be appropriated under ORS 376.505 to 376.540 than
are reasonably necessary for the purposes specified therein. No building nor
the land upon which it is situated, which is exempt from execution as a
homestead under the laws of the state, nor any land belonging to the homestead
owner within 100 feet of the building, shall be so appropriated.
376.520
Condemnation procedure.
Procedure for condemnation under ORS 376.505 to 376.540 shall be as set forth
in ORS chapter 35. [Amended by 1971 c.741 §23]
376.525
Assessment of damages. In
assessing damages under ORS 376.510, full compensation shall be allowed for the
value of the land appropriated and all other injury and damage which the owner
may suffer by reason of the appropriation of the land.
376.530
Fencing appropriated land.
The person, firm or corporation appropriating land under ORS 376.505 to
376.540, and the successors and assigns of the person, firm or corporation,
shall fence with a good and suitable fence both sides of the lands
appropriated, in the event the lands are used for agricultural purposes, and shall
take such other means and precautions reasonably necessary to protect the
adjoining lands not appropriated from damage or injury by reason of the use of
the lands appropriated.
376.535
Use of appropriated property; reversion on disuse. (1) Any property acquired under ORS 376.505
to 376.540 shall be used exclusively for the purposes set forth therein or such
incidental purposes as may be necessary to the continued carrying out of such
purposes.
(2) Whenever the use of property as
contemplated in ORS 376.505 to 376.540 ceases for a period of two years, it
shall revert to the original owner, or the heirs or assigns of the original
owner, but in assessing damages the amount allowed shall not be in any manner
lessened or decreased by reason of the possibility that the lands may so revert
to their original owner.
(3) The limitations set out in this
section shall not apply to or run against any interest acquired by the state.
376.540
Logging roads. Any logging
road which is necessary for the transportation of a single tract of timber is
within ORS 376.505 to 376.540, whether it is a common carrier or otherwise.
Such road is not under the jurisdiction of the Department of Transportation
unless the owners thereof declare it a common carrier. [Amended by 1997 c.275 §5]
MISCELLANEOUS
WAYS
376.605 [Amended by 1971 c.741 §26; repealed by 2001
c.388 §1]
376.610 [Repealed by 1981 c.153 §79]
376.615 [Repealed by 1981 c.153 §79]
376.620
Skyline, logging line, ferry skyline or cable footbridge; authorization and
regulation by land board.
(1) When authorized by the Department of State Lands, it is lawful for any
person, firm or corporation to construct, maintain and operate a skyline, high
lead logging line, ferry skyline or cable footbridge across any navigable
river, bay, inlet or other navigable waters within the state, not inconsistent
with any Act of Congress regulating the construction of bridges across
navigable waters. The structures shall be so constructed as not to interfere
unnecessarily with the navigation of such navigable waters.
(2) The Department of State Lands may make
and enforce such regulations and restrictions as it deems necessary to carry
out the purposes of this section and may make reasonable charges for any
services rendered in connection therewith.
PEDESTRIAN
MALLS
376.705
Definitions for ORS 376.705 to 376.825. Unless the context otherwise requires, the definitions contained in
this section shall govern the construction of ORS 376.705 to 376.825.
(1) City includes every county, city,
and city and county within this state. The city means the particular county,
city, or city and county, acting pursuant to ORS 376.705 to 376.825.
(2) Legislative body means the
legislative body of the city.
(3) Street as used in the definitions of
the terms city streets, mall intersection and intersecting streets,
defined in subsections (4), (6) and (7) of this section, means any public
street, road, highway, alley, land, court, way or place of any nature open to
the use of the public.
(4)
(5) Pedestrian mall means one or more
city streets, or portions thereof, on which vehicular traffic is or is to be
restricted in whole or in part and which is or is to be used exclusively or
primarily for pedestrian travel.
(6) Mall intersection means any
intersection of a city street constituting a part of a pedestrian mall with any
street, which intersection is itself part of the pedestrian mall.
(7)
(8) Assessment roll means the assessment
roll or rolls used by the county for purposes of city ad valorem taxes on real property.
(9) Improvements means the improvements
referred to in ORS 376.720 (1). [1961 c.666 §2]
376.710
Legislative findings; short title. (1) The Legislative Assembly hereby finds and declares that in certain
areas in cities, and particularly in retail shopping areas thereof, there is
need to separate pedestrian travel from vehicular travel and that such
separation is necessary to protect the public safety or otherwise to serve the
public interest and convenience. The Legislative Assembly further finds and
declares that such objective can, in part, be accomplished by the establishment
of pedestrian malls pursuant to ORS 376.705 to 376.825.
(2) ORS 376.705 to 376.825 may be cited as
the Pedestrian Mall Law of 1961. [1961 c.666 §§1,3]
376.715
Construction of Pedestrian Mall Law; validity of proceedings. (1) ORS 376.705 to 376.825 and all of their
provisions shall be liberally construed to the end that their purpose may be
effective.
(2) Any proceedings taken pursuant to ORS
376.705 to 376.825 shall not be held invalid for failure to comply with the
provisions of ORS 376.705 to 376.825, if the acts done and proceedings taken
are not invalid under the state or federal Constitution. [Enacted as part of
1961 c.666 §5]
376.720
Powers of city with respect to pedestrian mall. (1) The legislative body of a city shall
have the power:
(a) To establish pedestrian malls.
(b) To prohibit, in whole or in part,
vehicular traffic on a pedestrian mall.
(c) To pay, from general funds of the city
or other available moneys or from the proceeds of assessments levied on lands
benefited by the establishment of a pedestrian mall, the damages, if any,
allowed or awarded to any property owner by reason of the establishment of a
pedestrian mall.
(d) To construct on city streets which
have been or will be established as a pedestrian mall improvements of any kind
or nature necessary or convenient to the operation of such city streets as a
pedestrian mall, including but not limited to paving, sidewalks, curbs,
gutters, sewers, drainage works, street lighting facilities, fire protection
facilities, flood protection facilities, water distribution facilities,
vehicular parking areas, retaining walls, landscaping, tree planting, child
care facilities, display facilities, information booth, public assembly
facilities and other structures, works or improvements necessary or convenient
to serve members of the public using such pedestrian mall, including the
reconstruction or relocation of existing city-owned works, improvements or facilities
on such city streets.
(e) To pay, from general funds of the city
or other available moneys or from the proceeds of assessments levied on
property benefited by any such improvements, the whole or any portion of the
cost of such improvements.
(f) To do any and all other acts necessary
or convenient for the accomplishment of the purposes of ORS 376.705 to 376.825,
including the power to rent, lease or license to any individual firm or
corporation any portion of the pedestrian mall for service concessions,
commercial uses or otherwise, providing that in any term of use exceeding 60
days, the city shall first advertise for bids therefor by publication not less
than once a week for two consecutive weeks in a newspaper of general
circulation in the city, making two publications thereof.
(2) The powers granted in ORS 376.705 to
376.825 to prohibit, in whole or in part, vehicular traffic on any city street
shall be in addition to and not limited by the powers granted by any other law.
[1961 c.666 §4; subsection (2) enacted as part of 1961 c.666 §5; 1971 c.506 §1]
376.725
Resolution for establishment of mall; general contents of resolution. When the legislative body shall determine
that the public interest and convenience require the establishment of a pedestrian
mall and that vehicular traffic will not be unduly inconvenienced thereby, it
may adopt a resolution declaring its intention to establish such pedestrian
mall. Such resolution shall contain:
(1) The determination and declaration
referred to above.
(2) A general description of the city
streets, or portions thereof, which are proposed to be established as a
pedestrian mall.
(3) A general description of the mall
intersections.
(4) A general description of the
intersecting streets.
(5) A statement that the legislative body
proposes to adopt an ordinance prohibiting, in whole or in part, vehicular
traffic on such pedestrian mall. If vehicular traffic is proposed to be
prohibited only in part, the resolution shall also contain a general statement
of the exceptions proposed to be made. Such exceptions may include exceptions
in favor of public, emergency, utility and other classes of vehicles, may
include exceptions in favor of all or certain classes of vehicles during
certain days or during portions of days, and may include other exceptions of
any kind or nature.
(6) A general statement of the source or
sources of moneys proposed to be used to pay damages, if any, allowed or
awarded to any property owner by reason of the establishment of the pedestrian
mall.
(7) A day, hour and place for the hearing
by the legislative body of protests and objections to the establishment of the
proposed pedestrian mall, and a statement that any and all persons having any
objection to the establishment of the proposed pedestrian mall may file a
written protest with the city recorder at any time not later than the hour so
fixed for the hearing.
(8) A statement that any person owning or
having any legal or equitable interest in any real property which might suffer
legal damage by reason of the establishment of the proposed pedestrian mall may
file a written claim of damages with the city recorder at any time not later
than the hour so fixed for hearing; that such written claim must describe the
real property as to which the claim is made, must state the exact nature of the
claimants interest therein, must state the nature of the claimed damage
thereto, and must state the amount of damages claimed. [1961 c.666 §6]
376.730
Description of proposed mall and intersecting streets. In such resolution any street may be
described by referring thereto by its lawful or official name, or the name by
which it is commonly known, and the pedestrian mall, the mall intersections and
the intersecting streets may be described by reference to a map or plat thereof
on file in the office of the city recorder. [1961 c.666 §7]
376.735
Contents of resolution when landowners to be paid for damages by assessments on
benefited property. In such
resolution the legislative body may propose to pay the whole or any part of
damages based on claims filed pursuant to ORS 376.755 (2), if any, allowed or
awarded to any property owner by reason of the establishment of the pedestrian
mall from the proceeds of assessments levied upon lands benefited by the establishment
of the pedestrian mall. In such cases the resolution shall also contain:
(1) General description of the district
(which may consist of noncontiguous portions) within which lie the lands deemed
by the legislative body to be benefited by the establishment of the proposed
pedestrian mall. Such district may be described by metes and bounds.
(2) A statement that an assessment will be
levied pursuant to ORS 376.705 to 376.825 to pay the whole or a stated portion
of the damages based on claims filed pursuant to ORS 376.755 (2), if any,
allowed or awarded to any property owner by reason of the establishment of such
pedestrian mall and the costs and expenses in connection with proceedings or
actions taken pursuant to ORS 376.705 to 376.825.
(3) If bonds are to be issued, a statement
that bonds to represent unpaid assessments will be issued, and the interest
rate, or maximum interest rate, and term, or maximum term, of any such bonds. [1961
c.666 §8]
376.740
Contents of resolution when improvements are proposed. If, in connection with the initial
establishment of a pedestrian mall, the legislative body proposes to make any
improvements of the kind or type referred to in ORS 376.720 (1)(d), such
resolution shall also contain:
(1) A general description of the improvements
proposed to be made. Such description may be made (but is not required to be
made) in any manner permitted or provided in any law under which such
improvements are to be made or financed.
(2) A general statement of the source or
sources of moneys proposed to be used to pay the costs and expenses of such
improvements. [1961 c.666 §9]
376.745
Resolution to be published and posted. (1) The resolution of intention shall be published in a newspaper of
general circulation published within the county, city or city and county, as
the case may be. The first publication shall be not less than 60 days prior to
the date fixed therein for hearing. In a city where no such newspaper is
published, the resolution shall instead be so published in a newspaper of
general circulation published in the county in which the city is located.
(2) Copies of the resolution headed Notice
of Intention to Establish a Pedestrian Mall in letters at least one-half inch
in height shall be posted not more than 300 feet apart as follows:
(a) On all city streets, or portions
thereof, proposed to be established as a pedestrian mall.
(b) On all intersecting streets.
(c) If assessments are to be levied as
contemplated by ORS 376.735, then upon all open streets within the district
described in the resolution pursuant to such section.
(3) Copies shall be posted not less than
60 days prior to the hearing. [1961 c.666 §§10,11; 2003 c.14 §163]
376.750
Copies of resolution to be mailed to affected persons. (1) A copy of the resolution shall be
mailed, postage prepaid, not less than 60 days prior to the hearing to each
person to whom any of the following described lands is assessed as shown on the
last equalized assessment roll, at the address of the person as shown upon such
roll, and to any person, whether owner in fee or having a lien upon, or legal
or equitable interest in, any of such lands whose name and address and a
designation of the land in which the person is interested is on file in the
office of the city clerk or county clerk, as the case may be. Such lands are as
follows:
(a) All parcels of land abutting upon any
portion of the pedestrian mall or any portion of any intersecting street.
(b) If assessments are to be levied as
contemplated by ORS 376.735, then all parcels of land within the assessment
district described in the resolution pursuant to such section.
(2) The legislative body may determine
that such resolution shall also be mailed to such other persons as it may
specify. [1961 c.666 §12]
376.755
Objections to mall; claims for damages; right to damages not created. (1) Not later than the hour set for hearing
any interested person may, severally or with others, file with the city
recorder written objection to the establishment of the proposed pedestrian mall
or to the extent of any district described pursuant to ORS 376.735, or both.
Any protest or objection may be withdrawn at any time by written notice of such
withdrawal filed with the city recorder with the same effect as if it had never
been made.
(2) Not later than the hour set for
hearing any person owning, or having any legal or equitable interest in, any
real property which might suffer legal damage by reason of the establishment of
the proposed pedestrian mall may file with the city recorder a written claim of
damages. Such written claim must describe the real property as to which the
claim is made, must state the exact nature of the claimants interest therein,
must state the nature of the claimed damage thereto, and must state the amount
of damages claimed. Any such claim may be withdrawn by the claimant at any time
by written withdrawal with the same effect as if it had never been filed.
(3) Anything in ORS 376.705 to 376.825 to
the contrary notwithstanding, nothing in ORS 376.705 to 376.825 shall be construed
or interpreted as creating any right in any person to damages or compensation
by reason of the establishment of a pedestrian mall, it being the intention of
the Legislative Assembly in enacting ORS 376.705 to 376.825 to provide an
orderly method for the determination and payment only of such damages and
compensation as are required by the Constitutions of the State of Oregon and
the United States of America. In this connection the Legislative Assembly
hereby expressly declares that it is its intention that to the extent to which
the establishment of a pedestrian mall is justifiable as an exercise of the
police power for which no compensation is constitutionally required, no damages
or compensation shall be allowed in any action. [1961 c.666 §§13,14,24]
376.760
Effect of objections by landowners. (1) If the owners of lands abutting on the proposed pedestrian mall
representing 10 percent of the frontage on the proposed pedestrian mall have
made written objection to the establishment of the proposed pedestrian mall,
the legislative body shall so find and shall terminate the proceedings for such
establishment. In such event no proceeding under ORS 376.705 to 376.825 for the
establishment of the same or substantially the same pedestrian mall shall be
commenced within one year after such termination.
(2) If assessments are to be levied as
contemplated by ORS 376.735, then if the owners of more than 10 percent of the
area of land included within the district described in the resolution of
intention and subject to assessment have made written objection to the
establishment of the proposed pedestrian mall, the legislative body shall so
find and in that event the legislative body may continue with proceedings for
the establishment of the pedestrian mall but shall have no power to make any
assessment upon benefited property to pay damages. In such event no proceeding
under ORS 376.705 to 376.825 for the levy of assessments upon benefited
property to pay damages in connection with the establishment of the same or substantially
the same pedestrian mall shall be commenced within one year after such finding.
[1961 c.666 §§16,17]
376.765
Changing boundaries when assessments to be levied under ORS 376.735; notice;
objections. (1) If
assessments are to be levied as contemplated by ORS 376.735, then at the
hearing the legislative body may change the boundaries of the proposed district
by adding thereto land which in its opinion will be benefited by the
establishment of the pedestrian mall or by excluding from the district lands
which in its opinion will not be so benefited. If the legislative body proposes
any such change it shall take proceedings as required by this section and shall
continue the hearing to the time fixed for hearing objections to the proposed
change.
(2) No such change shall be made except
after notice of intention to do so, given by at least one insertion in the
newspaper in which the resolution of intention was published, describing the
proposed change and specifying the time for hearing objections, which shall not
be less than 30 days after publication of the notice. If the change proposed is
one to include additional land in the district, a copy of such notice shall be
mailed to each person to whom land proposed to be added is assessed as shown on
the last equalized assessment roll, at the address of the person as shown on
such roll, and to any person, whether owner in fee or having a lien upon, or
legal or equitable interest in, any such lands whose name and address and a
designation of the land in which the person is interested is on file in the
office of the county clerk. Such notice shall be mailed at least 25 days prior
to the time set for hearing objections.
(3) Written objection to any proposed
changes may be filed with the city recorder at any time up to the hour fixed
for hearing objections to such changes. [1961 c.666 §18]
376.770
Allowing claims for damages; payment. (1) At the hearing on the resolution of intention the legislative body
may allow any claim for damages made pursuant to ORS 376.755 (2). Any such
allowance shall be for the full amount of damages claimed in the written claim
except that the legislative body, with the written consent of the claimant, may
allow a claim for a lesser amount.
(2) The right of any claimant to payment
of the amount of any allowed claim shall be contingent upon the final
establishment of the pedestrian mall but all allowed claims must be paid by the
city, from such source as the legislative body may determine, before vehicular
traffic is prohibited, in whole or in part, on the pedestrian mall, pursuant to
ORS 376.705 to 376.825. [1961 c.666 §20]
376.775
Hearing objections, claims and protests; waiver; decision; continuations. (1) At the hearing all objections and
protests shall be heard and considered, and all claims shall be heard and
considered.
(2) Any objections or protests, whether to
the things proposed by the resolution of intention or to any changes proposed
pursuant to ORS 376.765, not made at the time and in the manner provided by ORS
376.705 to 376.825 are deemed voluntarily waived, and the proceedings under ORS
376.705 to 376.825 shall not be attacked on any ground not stated in a written
objection filed as provided in ORS 376.705 to 376.825.
(3) Except in the case of a majority
protest, as provided in ORS 376.760, the legislative body may sustain or deny
any or all objections or protests and its determination is final.
(4) The hearing may be continued from time
to time by order entered on the minutes. [1961 c.666 §§15,19]
376.780
Resolution after hearing; fixing boundaries. (1) Following the conclusion of the hearing, the legislative body
shall by resolution either abandon the proceeding taken pursuant to ORS 376.705
to 376.825 or determine that the pedestrian mall shall be established.
(2) If assessments are to be levied as
contemplated by ORS 376.735, then in the resolution provided for in subsection
(1) of this section, the legislative body shall fix and establish the
boundaries of the district as finally determined. [1961 c.666 §§21,25]
376.785
Judicial proceedings to determine unsettled claims for damages; satisfaction
prior to traffic prohibition.
(1) If following the hearing the legislative body shall determine that the
pedestrian mall shall be established, and if at that time there remain any
written claims for damages which have not been allowed pursuant to ORS 376.770
or which have not been withdrawn, the legislative body shall direct that an
action or actions be brought in the circuit court of the county in which the
city is located in the name of the city by the city attorney, for a
determination of the damages, if any, to which the claimant may legally be
entitled because of the establishment of the pedestrian mall. Such action shall
be in the nature of a proceeding in eminent domain for the condemnation of the
right or rights in real property, the taking of which by the establishment of
the pedestrian mall results in the damages claimed. In such action the amount
set forth in the claim relating thereto shall not constitute a limitation upon
the amount which may be pleaded, proved or recovered.
(2) Except as may otherwise be provided in
ORS 376.705 to 376.825, such action and proceeding shall be governed so far as
the same may be made applicable by those provisions of ORS chapter 35 relating
to actions and proceedings in eminent domain. In any such action the resolution
adopted under ORS 376.780 (1) shall be conclusive evidence of the public
necessity of the proposed pedestrian mall; that the property or rights in
property to be taken are necessary therefor, and that the pedestrian mall is
planned and located in the manner which will be compatible with the greatest
public good and the least private injury.
(3) The judgment in any such action shall
be satisfied and a final order taken before vehicular traffic is prohibited, in
whole or in part, on the pedestrian mall pursuant to ORS 376.705 to 376.825. [1961
c.666 §§22,23]
376.790
Assessment of damages and other expenses against benefited lands. After all claims for damages filed pursuant
to ORS 376.755 (2) have been finally determined, by allowance by the
legislative body, by withdrawal, or by a judgment in an action or actions
brought pursuant to ORS chapter 35, and the full amount of damages to be paid
has accordingly been finally determined, all or part of the total amount of
such damages (but not exceeding such part thereof as may be specified in the
resolution of intention), together with all costs and expenses incurred in
connection with any proceedings or actions taken pursuant to ORS 376.705 to
376.825, may be assessed against the lands within the district and subject to
assessment in proportion to the benefits to be derived from the establishment
of the pedestrian mall. [1961 c.666 §26]
376.795
Manner of assessment; sale of bonds representing unpaid assessments. (1) Such assessment may be levied and bonds
to represent unpaid assessments issued and sold substantially in the manner
provided in ORS 223.005 to 223.105 and 223.205 to 223.930, and to the extent
applicable, such law shall govern as to the preparation of the assessment, the
lands subject to assessment, the hearing upon the assessment and the notice
thereof, the confirmation and recordation of the assessment, the lien of the
assessments, the notice of recordation, the collection of assessments, the
issuance, sale and delivery of bonds upon unpaid assessments, the term of the
bonds, the maximum interest rate thereon, the collection and enforcement of
such bonds and all other matters to the extent applicable and except as
provided in ORS 376.705 to 376.825.
(2) In so applying the provisions of ORS
223.005 to 228.105 and 223.205 to 223.930, the following provisions and
exceptions shall apply:
(a) The limits provided by such law on the
amount of the assessment shall not apply.
(b) The legislative body shall provide for
the form of the bonds and of the principal and interest coupons to be attached
thereto.
(c) The legislative body may provide that
the redemption provision of the bonds shall require the payment of such premium
as the legislative body may specify. [1961 c.666 §§27,28]
376.800
Special fund for payment of damages and expenses; use of surplus. (1) All collections of assessments and all
proceeds of the sale of bonds issued upon unpaid assessments shall be placed in
a special fund and used exclusively for the payment of the damages, if any, and
expenses for which the assessments were levied.
(2) If there is a surplus in such special
fund, the legislative body may expend such surplus for the improvement or operation
of the pedestrian mall. [1961 c.666 §29]
376.805
Payment of damages and other expenses from sources other than assessments and
bonds. Notwithstanding the
fact that the proceedings under ORS 376.705 to 376.825 have provided that
assessments are to be levied as contemplated by ORS 376.735, the legislative
body, at any time and either before or after the adoption of the resolution
provided for in ORS 376.780 (1), may determine that such assessments shall not
be levied. In lieu thereof the legislative body may provide for the payment of
all or any part of the amounts referred to in ORS 376.790, out of general funds
of the city or out of any other available funds. [1961 c.666 §30]
376.810
Ordinance establishing mall; contents. Following the adoption of the resolution provided for in ORS 376.780
(1), and as soon as moneys have been fully provided for the payment of all
claims, if any, allowed pursuant to ORS 376.770, and for the payment of all
damages and compensation, if any, awarded in any action or actions brought
pursuant to ORS chapter 35, the legislative body may adopt an ordinance
establishing the pedestrian mall. Such ordinance shall contain:
(1) A general description of the
pedestrian mall and a declaration and determination that the same is finally
established. The mall as finally established shall be substantially the same as
that described in the resolution of intention.
(2) Rules and regulations prohibiting
vehicular traffic on such pedestrian mall subject to such exceptions as the
ordinance may provide. Such rules and regulations and such exceptions shall be
substantially in accordance with the statements made in the resolution of
intention.
(3) Such additional rules and regulations
as the legislative body may determine pertaining to the interpretation,
operation and enforcement of the rules and regulations referred to in
subsection (2) of this section, and otherwise pertaining to the use, operation,
maintenance of the pedestrian mall.
(4) Such provisions as the legislative
body may determine pertaining to the operative date or dates of any of such
rules or regulations. [1961 c.666 §31]
376.815
Adoption of ordinance; payment of claims, damages and compensation. (1) Such ordinance shall be adopted and
published in the manner, and shall take effect, as provided by law or charter
for other ordinances of the city. Such ordinance shall be subject to referendum
in the same manner as other ordinances of the city.
(2) No payment of allowed claims or
damages or compensation awarded by any court shall be made until such ordinance
is in effect but all such allowed claims, damages and compensation shall be
paid before the rules and regulations provided in such ordinance become
operative. [1961 c.666 §§32,33]
376.820
Jurisdiction over mall; abandonment or modification. (1) Proceedings under ORS 376.705 to 376.825
and the adoption of such ordinance notwithstanding, the city and its
legislative body shall retain its police powers and other rights and powers
relating to the city streets constituting a part of the pedestrian mall. No
action taken pursuant to ORS 376.705 to 376.825 shall be interpreted or
construed to be a vacation or abandonment, in whole or in part, of any city
street or any right therein, it being intended that the establishment of a pedestrian
mall pursuant to ORS 376.705 to 376.825 be a matter of regulation only.
(2) Nothing in ORS 376.705 to 376.825
shall be interpreted or construed to prevent the city and its legislative body,
at any time subsequent to the adoption of the ordinance provided for in ORS
376.705 to 376.825, from abandoning the operation of the pedestrian mall, from
changing the extent of the pedestrian mall, or from changing or repealing any
of the rules and regulations pertaining to the pedestrian mall. [1961 c.666 §34]
376.825
Improvements on mall; payment of costs. (1) The city and its legislative body shall have the power to improve
a pedestrian mall as provided in ORS 376.720 (1)(d), and for the
accomplishment, in whole or in part, of that purpose may use ORS 223.005 to
223.105 and 223.205 to 223.930 or any similar special assessment law. Any work
or improvement permitted by such statutes shall be deemed to be work or
improvement permitted to be done under any such Act or law. The city may also
pay the whole or any part of the cost and expenses of improving a pedestrian
mall from its general funds or from any other available money and may let
contracts for the work in any manner permitted by law or charter.
(2) A pedestrian mall established or to be
established pursuant to ORS 376.705 to 376.825 may be so improved either
concurrently with the proceedings taken under ORS 376.705 to 376.825 for the
establishment of the pedestrian mall or at any time subsequent to the
establishment of the city mall, but no contract for the work or improvement
shall be awarded until moneys have been fully provided for the payment of all
claims allowed pursuant to ORS 376.770 and for the payment of all damages and
compensation, if any, awarded in any action or actions brought pursuant hereof.
If in connection with the establishment of a pedestrian mall and concurrently
with the proceedings taken pursuant to ORS 376.705 to 376.825, the legislative
body proposes to improve the proposed pedestrian mall and for that purpose uses
ORS 223.005 to 223.105 and 223.205 to 223.930 or any similar special assessment
law, the legislative body may combine any part of the proceedings taken
pursuant to ORS 376.705 to 376.825 with any part of the proceedings taken under
any such special assessment law, to the end that duplication of ordinances,
resolutions, notices, hearings and other acts or proceedings may be avoided. [1961
c.666 §§35,36]
PENALTIES
376.990
Penalties. (1) Operation of
a motor vehicle by any person over a contract forest road in violation of the
contract provisions as to equipment, weight, width, length or height, is
punishable, upon conviction, by a fine not exceeding $400 or by imprisonment in
the county jail not exceeding one year, or both. The definitions in ORS 376.310
apply to this section.
(2) Violation by any person of any of the
provisions of ORS 376.305 to 376.390 is punishable, upon conviction, by a fine
not exceeding $400 or by imprisonment in the county jail not exceeding one
year, or both. [Amended by 1971 c.743 §361]
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