ORS 366.300
Treatment of sections eliminated when highway relocated

(1)

Whenever the Department of Transportation relocates or realigns a state highway or a section thereof, and by reason of such relocation or realignment there is eliminated from the original route of the highway a section thereof, the eliminated section shall, if needed for the service of persons living thereon or for a community served thereby, be maintained by the department at state expense, or by the county or by the state and the county on such terms and conditions as may be agreed upon.

(2)

If such eliminated sections of old right of way, or any part thereof, in the judgment of the department, are needed or valuable for public road use, then the department shall, by appropriate action, declare the purpose of the department to preserve the same for public road use.

(3)

If the department determines under subsection (2) of this section that the eliminated sections are merely parts of the old right of way which are no longer needed or valuable for highway right of way purposes or any other public road use, then if such eliminated sections are not owned by the department in fee, the department shall abandon such eliminated sections and such sections shall, except as otherwise provided in this section, revert to and title thereto shall vest in the abutting owner or owners.

(4)

Nothing in this section shall impair vested rights of property owners under existing deeds, easements or contracts whereby the state or any county acquired such rights of way. This section shall not prevent the department from contracting for the acquisition of easements or rights of way on such terms and conditions as to abandonment and reverter as it may consider advisable under the conditions then existing. [Amended by 1985 c.259 §1]

Source: Section 366.300 — Treatment of sections eliminated when highway relocated, https://www.­oregonlegislature.­gov/bills_laws/ors/ors366.­html.

Notes of Decisions

Where this section provides procedure for abandonment of sections of state highway eliminated upon relocation or realignment of highway, that procedure is the exclusive means by which a state highway may be abandoned. Poe v. Department of Transportation, 42 Or App 493, 600 P2d 300 (1979), Sup Ct review denied

Attorney General Opinions

Disposition of highway right-of-way no longer needed for highway purposes, (1977) Vol 38, p 890

366.005
Definitions 366.010
“County court” and “road” or “highway” defined 366.112
Bicycle lane and path advisory committee 366.155
Duties and powers of department regarding highways 366.157
Program for prevention and cleanup of litter and vandalism 366.158
Adopt-a-Highway Program 366.159
Vegetation control permit 366.161
Prevention of wildlife-vehicle collisions 366.162
Temporary coordination of efforts to prevent wildlife-vehicle collisions 366.165
Revolving fund 366.205
Power and authority of commission over highways 366.207
Statewide winter maintenance strategy and policy 366.210
Limit on administration and engineering expenditure 366.212
Freight Advisory Committee 366.215
Creation of state highways 366.220
Creation of state highway system 366.285
Location of highways when in doubt 366.290
Adding to or removing roads from state highway system 366.292
Consideration of tolling prior to doing modernization project 366.295
Relocation of highways 366.297
Environmental performance standards 366.300
Treatment of sections eliminated when highway relocated 366.305
Materials, supplies and equipment 366.310
Buildings and structures 366.315
Widths of rights of way 366.320
Acquisition of rights of way and right of access 366.321
Expense of relocating municipal facilities payable by department 366.323
Studies to aid in relocating persons displaced by highway acquisition 366.324
Financial assistance to persons displaced by highway acquisition 366.325
Rights of way through cemeteries 366.330
Acquisition of land adjoining right of way 366.332
Definitions for ORS 366.332 and 366.333 366.333
Acquisition of utility real property 366.335
Acquisition of railroad right of way 366.337
Exchange of certain parcels of land authorized 366.340
Acquisition of real property generally 366.360
Taking fee simple title 366.365
Going upon private property 366.366
Removal of trees 366.395
Disposition or leasing of property 366.400
Execution of contracts 366.425
Deposit of moneys for highway work 366.435
Auditing and allowing claims 366.445
Repair of damaged highways 366.450
Road signs 366.455
Removing unlawful signs and structures 366.460
Construction of sidewalks within highway right of way 366.462
Construction of fences on freeway overpasses 366.465
Gates and stock guards 366.470
Agreements with railroad companies for snow removal 366.480
Destruction of vouchers 366.483
Transfer of jurisdiction of certain highways 366.486
Construction of roadside rest area facilities for persons with disabilities 366.487
Use of roadside rest area rest rooms by persons with disabilities 366.490
Coffee and cookies at roadside rest areas 366.493
Rules regarding health and safety 366.505
Composition and use of highway fund 366.506
Highway cost allocation study 366.507
Modernization program 366.508
Legislative findings 366.510
Turning over highway funds to State Treasurer 366.512
Collection of certain registration fees for State Parks and Recreation Department Fund 366.514
Use of highway fund for footpaths and bicycle trails 366.516
Incurring obligations payable from anticipated revenues 366.517
Department may determine certain accounting procedures 366.518
Expenditures from highway fund to be reported, budgeted and limited to amounts budgeted 366.520
Expenses in legalizing state highways 366.522
Appropriations from highway fund for legislative interim committees 366.523
Transportation Project Account 366.550
“Historic Columbia River Highway” defined 366.551
Policy 366.552
Historic road program for Historic Columbia River Highway 366.553
Advisory committee 366.556
Acceptance of provisions of Acts of Congress 366.558
Contracting with and submitting programs to federal government 366.560
Pledge of state to match federal funds 366.562
Use of highway fund to match federal moneys 366.564
Borrowing to match federal moneys 366.566
Meeting requirements of federal aid statutes 366.568
Using highway funds to comply with federal aid statutes 366.570
Payments under cooperative agreement with federal government 366.572
State highway agreements with local governments 366.574
Intergovernmental road maintenance agreement 366.576
Road, highway or street agreements with local governments 366.578
Farm-to-market roads 366.739
Allocation of moneys to counties and cities generally 366.742
Repayment of specified bonds 366.744
Allocation of moneys from specified increases in title and registration fees and in truck taxes and fees 366.747
Allocation of moneys from specified increases in fees 366.749
Allocation of moneys resulting from increase in numbers of vehicle registrations, titles and trip permits due to specified actions by vehicle dealers and persons engaged in towing 366.752
Allocation of moneys from specified increases in fees 366.762
Appropriation from highway fund for counties 366.764
Basis of allocation of appropriation to counties 366.766
Remitting appropriation to counties 366.768
Advances from highway fund to county 366.772
Allocation of moneys to certain counties 366.774
Authorized use of allocation to counties 366.785
Definitions for ORS 366.785 to 366.820 366.790
Authorized use of appropriation to cities 366.800
Appropriation from highway fund for cities 366.805
Allocation of appropriation to cities 366.810
Payment of appropriation to cities 366.815
City to establish state tax street fund 366.820
Limit to application of ORS 366.785 to 366.815 366.903
Legislative findings 366.905
“Old Oregon Trail” designation 366.906
Oregon City designated end of Oregon Trail 366.907
Findings and declarations concerning Highway 101 366.910
End of Lewis and Clark Trail 366.916
Vietnam Veterans Memorial Highway 366.917
World War II Veterans Historic Highway 366.918
Police Chief Ralph Painter Memorial Highway 366.919
Officer Chris Kilcullen Memorial Highway 366.921
Wilbur C. Moore Bridge 366.922
Warm Springs Veterans Memorial Highway 366.923
William Tebeau Memorial Highway 366.924
Veterans memorial highways 366.925
Don Kendall Memorial Highway 366.930
Roadside memorial signs 366.931
Roadside memorial signs 366.932
Roadside Memorial Fund 366.934
Roadside memorial sign 366.936
Oregon Medal of Honor Highway 366.937
Memorial markers for recipients of Medal of Honor 366.940
Roadside memorial signs 366.991
Penalty for violation of rules adopted under ORS 366.493
Green check means up to date. Up to date

Current through early 2024

§ 366.300’s source at oregon​.gov