ORS 758.010
Authority to construct lines and facilities

  • requirements and conditions

(1)

Except within cities, any person has a right and privilege to construct, maintain and operate its water, gas, electric or communication service lines, fixtures and other facilities along the public roads in this state, as defined in ORS 368.001 (Definitions) or across rivers or over any lands belonging to state government, as defined in ORS 174.111 (“State government” defined), free of charge, and over lands of private individuals, as provided in ORS 772.210 (Right of entry and condemnation of lands for construction of service facilities). Such lines, fixtures and facilities shall not be constructed so as to obstruct any public road or navigable stream.

(2)

A county governing body and the Department of Transportation have authority to designate the location upon roads under their respective jurisdiction, outside of cities, where lines, fixtures and facilities described in this section may be located, and subject to ORS 758.025 (Relocation of utilities in highway right of way) may order the location of any such line, fixture or facility to be changed when such governing body or department deems it expedient. Any line, fixture or facility erected or remaining in a different location upon such road than that designated in any order of the governing body or department is a public nuisance and may be abated accordingly.

(3)

The state officer, agency, board or commission having jurisdiction over any land belonging to state government, as defined in ORS 174.111 (“State government” defined), with respect to which the right and privilege granted under subsection (1) of this section is exercised may impose reasonable requirements for the location, construction, operation and maintenance of the lines, fixtures and facilities on such land. The person exercising such right and privilege over any land belonging to state government, as defined in ORS 174.111 (“State government” defined), shall pay the current market value for the existing forest products that are damaged or destroyed in exercising such right and privilege. Such right and privilege of any person is conditioned upon compliance with the requirements imposed by this subsection. [Amended by 1955 c.123 §1; 1971 c.655 §100; 1981 c.153 §76; 2001 c.664 §§3,6; 2009 c.444 §4; 2015 c.55 §1]

Source: Section 758.010 — Authority to construct lines and facilities; requirements and conditions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors758.­html.

Notes of Decisions

This section deals only with control over precise locations of utility lines, but does not limit class of persons or corporations who may place lines under streets. Sunset Lake v. Remington, 45 Or App 973, 609 P2d 896 (1980)

County ordinance providing for imposition of permit fees for construction within right-of-way alongside county roads is invalid because it conflicts with this section. Pacific N.W. Bell v. Multnomah County, 68 Or App 375, 681 P2d 797 (1984), Sup Ct review denied

Monetary cost to utility of complying with permit condition not imposing fee or price does not make condition equivalent of “charge.” U.S. West Communications, Inc. v. Jackson County, 130 Or App 316, 881 P2d 164 (1994)

Administration of relocation of utility facilities by Department of Transportation in connection with road projects is permissible use of highway funds. Oregon Telecommunications Assn. v. ODOT, 341 Or 418, 144 P3d 935 (2006)

Attorney General Opinions

State Lands Division recovery of administrative costs for preparing and recording utility and railroad easements over submerged and submersible lands, (1978) Vol 39, p 417

758.010
Authority to construct lines and facilities
758.012
Notice of intent to build transmission line to consumer-owned utilities and public utilities
758.013
Operator of electric power line to provide Public Utility Commission with safety information
758.015
Certificate of public convenience and necessity
758.017
Appeal of grant or denial of certificate of public convenience and necessity for transmission lines subject to Energy Facility Siting Council approval
758.020
Joint occupancy of poles
758.025
Relocation of utilities in highway right of way
758.035
Commission’s power to enforce joint use of facilities
758.120
Electric easement in provision of broadband services
758.125
Duties and rights not altered by ORS 758.120
758.130
Requirements for electric cooperative in provision of broadband services
758.210
Policy
758.215
Definitions for ORS 758.210 to 758.270
758.220
Authority for conversion to underground facilities
758.225
Petition, ordinance or resolution for conversion
758.230
Assessment procedure
758.235
Applicability of local improvement laws
758.240
Contract with utility for conversion
758.245
Payment of costs for conversion
758.250
Conversion of facilities on private lands
758.255
Discontinuance of utility service for noncompliance with conversion provisions
758.260
Competitive bidding for utility conversion
758.265
Overhead facilities in assessment district after conversion
758.270
Effect of ORS 758.210 to 758.270 on existing laws and rights
758.280
Definitions for ORS 758.280 to 758.286
758.282
Immunity of electric utility for pruning or removing vegetation in certain cases
758.284
Immunity of electric utility for pruning or removing vegetation in other cases
758.286
Immunity not applicable to liability for cost of abating fires
758.300
Definitions for ORS 758.300 to 758.320
758.302
Application for exclusive service territory
758.305
Exclusive service territories
758.310
Assignment or transfer of rights in exclusive service territory
758.315
Water utility service provided by persons not designated by commission
758.320
Application of ORS 758.300 to 758.320 to cities
758.400
Definitions for ORS 758.015 and 758.400 to 758.475
758.405
Purpose of ORS 758.400 to 758.475
758.410
Contracts for allocation of territories and customers
758.415
Enforceability of contract approved by commission
758.420
Filing of contract
758.425
Order of commission on contract
758.430
Amendment of contract
758.435
Application for allocation of territory
758.440
Order of commission on application
758.445
Judicial review of order on application
758.450
Contract required for allocation of territory
758.455
Investigation by commission respecting contracts or applications
758.460
Assignment or transfer of rights acquired by allocation
758.465
Enforcement procedure
758.470
Application to cities, municipalities and cooperatives of ORS 758.400 to 758.475
758.475
Fees
758.480
Assumption of obligations arising out of Trojan Nuclear Plant
758.505
Definitions for ORS 758.505 to 758.555
758.515
Legislative findings
758.525
Avoided cost schedules
758.535
Criteria for qualifying facility
758.545
Electric utility required to make good faith effort to transmit energy
758.552
Ownership of renewable energy certificates for energy generated by qualifying facility
758.555
Effect of energy sales on qualifying facility
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