ORS 824.224
When stop signs are to be installed by railroad

  • exemption
  • grade crossing alteration, relocation or closure

(1)

At every farm or private grade crossing of a railroad where no automatic grade crossing protective device is installed, the railroad shall cause to be installed and maintained, as a means of protecting the crossing, one or more stop signs.

(2)

The Department of Transportation shall, after hearing, unless hearing is not required under ORS 824.214 (Procedure to obtain permission for crossings), prescribe the number, type and location of the stop signs and may exempt a farm or private grade crossing if the department finds that the installation of such sign or signs at the crossing would create a hazard or dangerous condition that would not otherwise exist.

(3)

After notice to any affected landowner and opportunity for a hearing, unless a hearing is not required under ORS 824.214 (Procedure to obtain permission for crossings), the Department of Transportation may alter, relocate or close any farm or private grade crossing on any line designated as a high speed rail system.

(4)

If the department decides to alter, relocate or close a farm or private grade crossing in such a manner as to constitute a taking of private property, the department shall exercise its power of eminent domain to acquire such property as is necessary to carry out the decision. A department order under this subsection shall constitute a resolution of necessity for exercise of the department’s power of eminent domain.

(5)

If the department exercises its power of eminent domain under subsection (4) of this section, the department shall use any combination of state or federal funds allocated for high speed rail systems to pay any settlement with or judgment in favor of an owner of a farm or private grade crossing. The department shall have discretion to determine whether to reach a settlement with an owner of a farm or private grade crossing.

(6)

The costs of implementing a department order issued under subsection (3) of this section shall be apportioned to any combination of state or federal funds specifically allocated for high speed rail systems as the department determines appropriate in order to eliminate farm or private grade crossings or to enhance safety at such crossings. [Formerly 763.130; 1997 c.249 §255; 1997 c.275 §20]

Source: Section 824.224 — When stop signs are to be installed by railroad; exemption; grade crossing alteration, relocation or closure, https://www.­oregonlegislature.­gov/bills_laws/ors/ors824.­html.

Attorney General Opinions

“Private grade crossing” defined, (1974) Vol 36, p 949

824.010
Annual fees payable by railroads 824.012
Failure to pay fees 824.014
Railroad Fund 824.016
State Rail Rehabilitation Fund 824.018
Grade Crossing Protection Account 824.019
Grade Crossing Safety Improvement Fund 824.020
Definitions for ORS 824.020 to 824.042 824.022
Applicability of ORS 824.020 to 824.042, 824.050 to 824.110 and 824.200 to 824.256 824.024
Procedure for construction of side lines and extensions 824.026
Railway inspectors required 824.030
Annual report to department 824.040
Government acquisition of lines 824.042
Department to participate in contested abandonment proceedings 824.045
Department establishment of state safety oversight program for rail fixed guideway public transportation system 824.050
Inspection of, recommendations on and orders concerning railroad equipment and facilities 824.052
Track clearances 824.054
Cooperation with federal agencies on matters of safety 824.056
Walkway standards 824.058
Track improvement and rehabilitation program 824.060
First aid kits and fire extinguishers required on locomotives 824.062
Equipment required on track motor cars 824.064
Self-propelled vehicles used in yards or terminals 824.066
Helper unit operation restrictions 824.068
Water quality standards for locomotives 824.080
“Hazardous materials” defined 824.082
Notice of movement of hazardous materials 824.084
Visual external inspections required on cars standing in rail yards or stations more than two hours 824.086
Designation of hazardous materials and notice requirements 824.088
Notifying Oregon Department of Emergency Management of reportable incident, derailments and fires 824.090
Department of Transportation to set standards for safe transportation of hazardous wastes 824.092
Disclosure of hazardous waste reports and information to Environmental Protection Agency 824.100
Definitions for ORS 824.102 to 824.110 824.102
Application of requirements 824.106
Use of noncomplying caboose prohibited 824.108
Register for reporting failures of equipment or maintenance standards 824.110
Administrative authority of department 824.200
Definitions for 824.200 to 824.256 824.202
Policy 824.204
Authority to construct grade crossings 824.206
Elimination, relocation or alteration of grade crossing 824.208
Authority to fix speeds and regulate sounding of train warning devices at crossings 824.210
Construction and alteration of crossings above or below grade 824.212
Specifications for construction and maintenance of crossings 824.214
Procedure to obtain permission for crossings 824.216
Procedure to compel compliance with orders 824.218
Work and materials furnished by railroad company 824.220
Protective devices 824.222
Authority over duration that grade crossing may be blocked 824.223
Authority to regulate distance from grade crossing at which railroad may stop or park equipment 824.224
When stop signs are to be installed by railroad 824.226
Dangerous grade crossings 824.228
Procedure for determining mode of track crossing of intersecting railroads 824.230
Installation of protective devices where railroads intersect at grade 824.232
Forfeiture for noncompliance 824.234
Use of findings of department regarding hazards at crossings 824.236
Protective devices at unauthorized railroad-highway crossing 824.238
Division of costs between railroad and public authority 824.240
Payment when public highway involved 824.242
Apportionment of costs for installation of protective devices 824.244
Apportionment of costs for maintenance of protective devices 824.246
Apportionment of costs of crossing closure 824.248
Apportionments for crossings above or below grade 824.250
Apportionment when federal funds available 824.252
Procedure when disagreement as to apportionment exists 824.254
Reimbursement procedure for railroad and public authority 824.256
Expense contributed by public held in trust by railroad company 824.300
Required crews on trains 824.302
Qualification of flagger 824.304
Guarding frogs, switches and guardrails 824.306
Shelter of car repairers 824.308
Railroads to provide first aid training for employees 824.310
Immunity from liability of persons providing first aid treatment 824.400
Passenger rail plan 824.410
Quarterly report to Legislative Assembly 824.420
Cascades Rail Corridor 824.430
Annual report to Legislative Assembly 824.990
Civil penalties 824.992
Criminal penalties
Green check means up to date. Up to date

Current through early 2024

§ 824.224’s source at oregon​.gov