Power and authority of commission over highways
- rules
Source:
Section 366.205 — Power and authority of commission over highways; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors366.html.
Notes of Decisions
The authority of the State of Oregon without reference to protection of the public’s recreation lands and rights in land along the ocean shores is vested exclusively in the Department of Transportation. State ex rel Johnson v. Bauman, 7 Or App 479, 492 P2d 284 (1971)
Grant of general supervision and control under this section and exclusive authority over adopted and designated highway system under ORS 366.290 are indicative of legislative intent to impose duty upon state to make highway travel reasonably safe to general public; “improvement, maintenance, repair and operation” are mandated functions and state has no discretion to engage in “non-decisions” regarding duties delineated by these mandated functions. Little v. Wimmer, 303 Or 580, 739 P2d 564 (1987)
Attorney General Opinions
City authority to construct speed bumps to control vehicle speed, (1975) Vol 37, p 653
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