ORS 836.050
Condemnation of railroad or public utility property

(1)

No operating property of any public utility, as defined in ORS 757.005 (Definition of public utility), or any telecommunications carrier as defined in ORS 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739), shall be condemned pursuant to ORS 836.025 (Establishment of airports and air navigation facilities by department) and 836.045 (Condemnation by department) unless the Public Utility Commission, after notice and hearing in accordance with the rules of procedure of the commission, has found that public convenience and necessity require such condemnation. All administrative expenses incurred in any such hearing shall be paid by the party not prevailing therein.

(2)

No operating property of any railroad, as defined in ORS 824.200 (Definitions for 824.200 to 824.256), shall be condemned pursuant to ORS 836.025 (Establishment of airports and air navigation facilities by department) and 836.045 (Condemnation by department) unless the Oregon Department of Aviation, after notice and hearing, has found that public convenience and necessity require such condemnation. All administrative expenses incurred in any such hearing shall be paid by the party not prevailing therein. [Formerly 492.100; 1995 c.733 §50; 1999 c.1093 §20]

Source: Section 836.050 — Condemnation of railroad or public utility property, https://www.­oregonlegislature.­gov/bills_laws/ors/ors836.­html (accessed May 26, 2025).

836.005
Definitions 836.010
Availability of services of department 836.015
Financial assistance by director 836.020
Department as municipal agent 836.025
Establishment of airports and air navigation facilities by department 836.030
Disposal of property 836.035
Effect of statute on airport zoning 836.040
Joint exercise of power 836.045
Condemnation by department 836.050
Condemnation of railroad or public utility property 836.055
Commercial concessions at state airports and air navigation facilities 836.060
Operation of state airports by private persons 836.065
Liens of state for repairs, improvements or services to personal property 836.070
Use of federal and other moneys 836.072
Use of moneys from increase in taxes 836.075
State airway system 836.080
Exemptions from ORS 836.085 to 836.120 836.085
Approval of airport sites 836.090
Application for site approval 836.095
Approval criteria and conditions 836.100
Revocation of approval 836.105
Licensing of airports 836.110
Revocation of license 836.115
Public hearing regarding site or license 836.120
Unlicensed airport operation prohibited 836.200
Authority to establish airports 836.205
Acquisition of lands declared to be for public purpose 836.210
Delegation of authority to develop and maintain airports 836.215
Municipal acquisition of property for airports 836.220
Source of airport funds 836.230
Use of funds from operation 836.240
Authorization to budget and levy taxes 836.245
Authority as supplemental 836.250
Acquisition by municipality of real property contiguous to airport 836.340
Procedure for relocation of public utility property 836.410
Permanent closure of public use airport 836.500
Marks and lights on structures or obstructions 836.505
Designation of landing places on public lands 836.510
Use of certain ocean beaches as landing fields 836.515
Petition to set aside shore as landing field 836.520
Action on petition 836.525
Enforcement of ORS 836.510 and 836.520 836.530
Rules and standards 836.535
Hazards to air navigation prohibited 836.600
Policy 836.605
Definitions for ORS 836.600 to 836.630 836.608
Airport operation as matter of state concern 836.610
Local government land use plans and regulations to accommodate airport zones and uses 836.612
Approval or expansion of land use activities subject to prior court decisions 836.616
Rules for airport uses and activities 836.619
State compatibility and safety standards for land uses near airports 836.623
Local compatibility and safety requirements more stringent than state requirements 836.625
Application to airport uses of land use limitations in farm use zones 836.630
Siting of new airports to comply with land use laws 836.636
Vertiports 836.640
Definitions for ORS 836.640 and 836.642 836.642
Program for through the fence operations 836.990
Civil penalties

Current through early 2026

§ 836.050. Condemnation of railroad or public utility property's source at oregon​.gov