State Highways and State Highway Fund

ORS 366.340
Acquisition of real property generally


The Department of Transportation may acquire by purchase, agreement, donation or by exercise of the power of eminent domain real property, or any right or interest therein, including any easement or right of access, deemed necessary for:

(1)

Construction of shops, equipment sheds, office buildings, maintenance sites, patrolmen accommodations, snow fences, quarry sites, gravel pits, storage sites, stock pile sites, weighing stations and broadcasting stations.

(2)

Appropriation, acquisition or manufacture of road-building materials, approach or hauling roads, connecting roads, frontage road, highway drainage and drainage tunnels.

(3)

Maintenance of an unobstructed view of any state highway so as to provide for the safety of the traveling public.

(4)

Any other use or purpose deemed necessary for carrying out the purposes of this Act.

(5)

Elimination or prevention of hazardous or undesirable points of entry from adjacent property to state highways. [Amended by 1953 c.252 §2]

Notes of Decisions

Proposed use of property acquired by condemnation need not be lawful use at time of acquisition. Oregon Department of Transportation v. Schrock Farms, 140 Or App 140, 914 P2d 1116 (1996), Sup Ct review denied

Chapter 366

Atty. Gen. Opinions

Use and distribution of State Highway Fund, (1975) Vol 37, p 599


Source

Last accessed
Jun. 26, 2021