ORS 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 (Policy and purpose of ORS 374.005 to 374.095) to 374.095 (Utility roads where access to abutting property affected).

Source: Section 374.035 — Acquisition of real property; effect of resolution, https://www.­oregonlegislature.­gov/bills_laws/ors/ors374.­html.

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 374.020
Interference with railroad facilities prohibited 374.025
Change from throughway to highway 374.030
Separation of throughways into separate roadways 374.035
Acquisition of real property 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 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 374.300
Legislative intent 374.302
Definitions for ORS 374.302 to 374.334 374.305
Necessity of permission to build on rights of way 374.307
Removal or repair of installation constructed without permission 374.308
Presumption of written permission 374.309
County permits 374.310
State permits 374.311
Permit standards 374.312
Rules regarding permits for approach roads 374.313
Claim for relief after closure of approach road 374.314
Traffic impact analysis 374.315
Construction under permits 374.317
Approach road maintenance 374.320
Removal or repair of installation on right of way at expense of applicant 374.325
Effect of ORS 374.305 to 374.325 374.326
Collaboration with highway users 374.328
Highway classification 374.329
Agreements with cities 374.330
Prior status preserved 374.331
Facility plans 374.334
Access management strategy 374.335
Driving certain motor vehicles across public highway not considered operation on highway 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 374.355
Dispute resolution procedures 374.360
Access Management Dispute Review Board 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 374.425
County court to prescribe access rights of abutting property 374.430
Action to prevent entering or leaving county roads in unauthorized manner 374.990
Penalty for violation of ORS 374.305 or rule adopted under ORS 374.309 or 374.310
Green check means up to date. Up to date

Current through early 2024

§ 374.035’s source at oregon​.gov