ORS Chapter 374 - Oregon Statutes

Chapter 374 — Controlof Access to Public Highways

 

2009 EDITION

 

 

CONTROLOF ACCESS TO PUBLIC HIGHWAYS

 

HIGHWAYS,ROADS, BRIDGES AND FERRIES

 

THROUGHWAYS

 

374.005     Policyand purpose of ORS 374.005 to 374.095

 

374.010     “Throughway”defined

 

374.015     Departmentof Transportation to establish and maintain throughways; highways to bedesignated throughways

 

374.020     Interferencewith railroad facilities prohibited

 

374.025     Changefrom throughway to highway

 

374.030     Separationof throughways into separate roadways; ingress and egress

 

374.035     Acquisitionof real property; effect of resolution

 

374.040     Acquisitionof land not immediately needed

 

374.045     Paymentfor land acquired

 

374.050     Partiesbringing eminent domain proceedings

 

374.055     Evidentiarypurposes of improvement plan

 

374.060     Powerof Department of Transportation as to intersecting streets and roads

 

374.065     Intersectionof throughways and county roads

 

374.070     Throughwaysin cities; intersecting streets

 

374.075     Cooperationof municipal and county authorities with Department of Transportation

 

374.080     Agreementswith federal government, counties and cities

 

374.085     Severanceby throughway of agricultural land

 

374.090     Destructionby throughway of access to agricultural property

 

374.095     Utilityroads where access to abutting property affected

 

APPROACHROADS, PRIVATE CROSSINGS AND OTHER FACILITIES UPON RIGHT OF WAY

 

374.305     Necessityof permission to build on rights of way

 

374.307     Removalor repair of installation constructed without permission

 

374.310     Rulesand regulations; permits

 

374.312     Rulesregarding permits for approach roads; intergovernmental agreements

 

374.313     Claimfor relief after closure of approach road; mediation; rules; appraisal

 

374.315     Constructionunder permits; maintenance after construction

 

374.320     Removalor repair of installation on right of way at expense of applicant

 

374.325     Effectof ORS 374.305 to 374.325

 

374.330     Priorstatus preserved

 

374.335     Drivingcertain motor vehicles across public highway not deemed operation thereon

 

374.340     Cattlecrossings under public road

 

374.345     Rulesregarding turning onto state highway from approach road

 

374.350     Processfor appeal of decisions regarding access to highways

 

RIGHTSAPPURTENANT TO PROPERTY ABUTTING CERTAIN HIGHWAYS AND ROADS

 

374.405     Accessrights of property abutting on state highways

 

374.410     Departmentof Transportation to prescribe access rights of abutting property

 

374.415     Actionto prevent entering or leaving state highways in manner not authorized

 

374.420     Countythroughways; rights of abutting property owners

 

374.425     Countycourt to prescribe access rights of abutting property

 

374.430     Actionto prevent entering or leaving county roads in unauthorized manner

 

PENALTIES

 

374.990     Penaltyfor violation of ORS 374.305 or of regulation adopted under ORS 374.310

 

THROUGHWAYS

 

      374.005Policy and purpose of ORS 374.005 to 374.095. (1) The kind, character andvolume of traffic now moving over public highways, the speed at which suchtraffic moves, the prime and essential factors such as speed, safety andconvenience to which transportation of persons and property over publichighways is entitled, the relation which such transportation bears to thetransportation systems of other states and of the nation as a whole, the ever-increasingtoll of injury to and death of persons and the destruction of and damage toproperty caused by and resulting from accidents on public highways constituteand are conditions and elements which demand of highway officials a program ofhighway designing, highway regulations, highway use and operation, highwaycontrols and highway safeguards which will make possible and insure a degree ofsafety and convenience and a type and class of service not possible underexisting law.

      (2)To the end that human lives may be saved, property damage minimized,transportation by motor vehicle promoted and highway travel in generalsafeguarded, the legislature finds, determines and declares that ORS 374.005 to374.095 is necessary for the preservation of public safety, the improvement anddevelopment of transportation facilities in the state, the protection ofhighway traffic from the hazards of unrestricted and unregulated entry fromadjacent property, the elimination of hazards due to highway gradeintersections and in general the promotion of public welfare.

 

      374.010“Throughway” defined.As used in ORS 374.005 to 374.095, “throughway” means a highway or streetespecially designed for through traffic, over, from or to which owners oroccupants of abutting land or other persons have no easement of access or onlya limited easement of access, light, air or view, by reason of the fact thattheir property abuts upon the throughway or for any other reason.

 

      374.015Department of Transportation to establish and maintain throughways; highways tobe designated throughways. (1) The Department of Transportation, in additionto and without restricting, limiting or repealing any powers and authoritywhich it now has, may lay out, locate, relocate, adopt, establish, construct,designate, maintain and supervise the use and operation of new highways knownas throughways.

      (2)Any relocated section of an existing highway and such portions of existinghighways, which at the time they are designated as throughways have less than10 commercial businesses abutting thereon catering to the motoring public inany one mile of such existing highway, may be designated and constructed as orconverted into a throughway by the department. As used in this subsection, “relocated”means a highway or section thereof so located that for its construction anentirely new right of way is necessary.

      (3)The authority and power of the department extends to and includes statehighways within the corporate limits of cities, and with the approval of themunicipal authorities may extend to and include city streets.

 

      374.020Interference with railroad facilities prohibited. No throughwayshall be established upon or across the tracks, yards, station grounds or otheroperating properties of any common carrier railroad, or upon or across anyindustrial or business property served by railroad industrial trackage, or uponor across any property at such a location as to unduly interfere with thereasonable access of shippers, passengers or the public to railroad depots,team tracks or other facilities for receiving or delivering freight orpassengers transported by railroad unless the Department of Transportation andthe railroad agree on a proposed throughway project. [Amended by 1995 c.733 §94]

 

      374.025Change from throughway to highway. Any state highway or section thereofwhich has been located, established, designated and constructed as a throughwaymay, in whole or in part, be changed from a throughway to an ordinary highwayby the Department of Transportation if in its judgment such action will bestserve public needs.

 

      374.030Separation of throughways into separate roadways; ingress and egress. (1) TheDepartment of Transportation may so design a throughway and so regulate,restrict or prohibit access thereto and use thereof as to best serve thetraffic for which the throughway is intended. In this connection and for suchpurpose the department may divide and separate any throughway into separateroadways or lanes by the construction of raised curbings, central dividingsections or other physical separations, or by designating separate roadways orlanes by signs, markers or stripes and the proper lanes for traffic byappropriate signs, markers, stripes or other devices.

      (2)After any highway has been so marked or designed no person has any right ofingress or egress to, from or across the highway to or from abutting lands,except at such points as may be designated by the department.

 

      374.035Acquisition of real property; effect of resolution. (1) TheDepartment of Transportation may, in the name of the state, acquire byagreement, donation or exercise of the power of eminent domain, fee title to orany interest in any real property, including easements of air, view, light andaccess, which in the opinion or judgment of the department is deemed necessaryfor the construction of any throughway, the establishment of any section of anexisting state road or highway as a throughway or the construction of a serviceroad. The department may accomplish such acquisition in the same manner and bythe same procedure as real property is acquired for state highway purposes,except that in case the acquisition is by proceedings in eminent domain theresolution required under such procedure shall specify, in addition to other provisionsand requirements of law, that the real property is required and is beingappropriated for the purpose of establishing, constructing and maintaining athroughway.

      (2)A resolution adopted by the department stating and setting forth that aproposed highway is to be constructed as a throughway is conclusive evidencethat the highway when constructed is a throughway with all the characteristicsand incidents prescribed by and provided for in ORS 374.005 to 374.095.

 

      374.040Acquisition of land not immediately needed. Whenever it becomes necessary toacquire any real property for use in connection with the location, relocation,construction, reconstruction, improvement and maintenance of any throughway orsection thereof or for a service road, the Department of Transportation may, inits discretion, acquire an entire lot, block or tract of land if by so doingthe interests of the owner and the state will be best served, even though theentire tract is not immediately needed for the highway proper. This provisionand authority shall apply to and be effective whether the real property isacquired by purchase, agreement or exercise of the power of eminent domain.

 

      374.045Payment for land acquired. The Department of Transportation may pay the costincident to the acquisition of real property or any interest therein for theestablishment, location and relocation of throughways and their construction,reconstruction and maintenance out of state highway funds in the same mannerthat such funds are disbursed for other highway purposes by the department.

 

      374.050Parties bringing eminent domain proceedings. In case an agreement providedfor in ORS 374.080 has been entered into, proceedings in eminent domain for theacquisition of real property or any interest therein deemed necessary therefor,may be brought in the name of the state by the Department of Transportation,alone or jointly with any city, county or city and county which are parties tothe agreement.

 

      374.055Evidentiary purposes of improvement plan. In any proceeding in eminentdomain evidence of the entire plan of improvement is admissible for the purposeof determining:

      (1)Value of property taken.

      (2)All damages by reason of deprivation of right of access to any highway to beconstructed, established or maintained as a throughway.

      (3)The damages which, if the property sought to be condemned constitutes a part ofa larger parcel, will accrue to the portion not sought to be condemned byreason of its severance from the portion sought to be condemned and by reasonof the construction of the improvement in the manner proposed.

 

      374.060Power of Department of Transportation as to intersecting streets and roads. The Departmentof Transportation, with the official approval of municipal authorities of citieswith respect to city streets and with the official approval of the county courtor board of county commissioners of any county with respect to county roads,may:

      (1)Close any street, highway or road at or near the point of its intersection witha throughway; or

      (2)Make provision for carrying the street or road over or under the throughway; or

      (3)Provide a connection with a throughway by means of a utility or service road toa suitable point of connection; and

      (4)Do any and all work on the street, highway or road as is necessary therefor.

 

      374.065Intersection of throughways and county roads. (1) The Department ofTransportation shall provide for the intersection of throughways by countyroads running into or across throughways.

      (2)Any county road may be closed at the points where it runs into or intersectsthe throughway if the consent of the county court or board of countycommissioners of the county in which the road is located is first obtained.

      (3)After the establishment of a throughway, no county road shall be constructedrunning into or intersecting the throughway unless its plans and specificationshave first been submitted to and approved in writing by the department. Thisapproval shall be made a matter of record by the department and by the countycourt or board of county commissioners.

 

      374.070Throughways in cities; intersecting streets. (1) Should any portion orsection of a throughway be within the corporate limits of a city, provisionshall be made for access thereto from existing streets at points designated bythe municipal authorities of the city. In the event plans and specificationsare submitted to the municipal authorities of the city by the Department ofTransportation and the municipal authorities fail to designate such pointswithin 60 days thereafter, the designation may be made by the department.

      (2)After establishment of any throughway in or through a municipality, no streetshall be constructed turning into or intersecting the throughway unless theplans and specifications therefor have first been submitted to and approved inwriting by the department and made a matter of official record.

      (3)Nothing in this section prohibits the closing of any street at the point whereit runs into or intersects any throughway by the proper municipal authoritiesin the manner provided by law.

 

      374.075Cooperation of municipal and county authorities with Department ofTransportation.The municipal authorities of cities and the county court or board of countycommissioners of any county may do anything or all things necessary tocooperate with the Department of Transportation for laying out, acquiring andconstructing any section or portion of any street or highway within theirrespective jurisdiction as a throughway and to convert any existing street orhighway into a throughway.

 

      374.080Agreements with federal government, counties and cities. The Departmentof Transportation may enter into cooperative agreements with the federalgovernment and with any county or city for the location, adoption, constructionand maintenance of a throughway either within or without the corporate limitsof any city, with respect to highways under the exclusive jurisdiction of thedepartment, roads under the jurisdiction of the county court or board of countycommissioners and streets under the exclusive jurisdiction of cities, and may,in such agreements, agree upon the allocation of costs of the project, themanner and method of maintenance and all other relevant matters.

 

      374.085Severance by throughway of agricultural land. Wherever by the location,relocation, establishment and construction or reconstruction of a throughwayunder ORS 374.005 to 374.095 real property, title to which is held under oneownership, is severed and the land is being used for farm or other agriculturalpurposes, provision shall be made by the Department of Transportation forcrossing the highway from one such tract to the other or compensation for theseverance of the tract shall be paid. Should such tracts at any time cease tobe held under one ownership, the department may terminate and discontinue theroad crossings. No such connecting-road crossing shall be used for or inconnection with the conduct of any roadside business or enterprise, but shallbe available and used solely for passage from one of the severed tracts to theother.

 

      374.090Destruction by throughway of access to agricultural property. Whenever athroughway is located, relocated, constructed or reconstructed through or overfarm or agricultural property and thereby all reasonable ingress and egresshave been destroyed, the Department of Transportation shall provide access fromthe abutting properties to the throughway by a service road or by directaccess, unless by agreement with the owners of the abutting properties accessto the throughway has been waived by the property owner or has been acquired bythe state by agreement or exercise of the power of eminent domain.

 

      374.095Utility roads where access to abutting property affected. If under ORS374.005 to 374.095 any existing highway or section of existing highway isconverted into a throughway, by reason thereof real properties then occupiedand used are affected and such abutting real properties are dependent upon theexisting highway or section of highway for ingress and egress, the Departmentof Transportation shall provide a utility or service road to serve theproperties. This utility or service road shall be constructed and maintained bythe state at state expense and shall follow a location or route immediatelyparallel to and adjoining the throughway. After the service or utility road hasbeen constructed the abutting land owner’s right of reasonable view shall notbe impaired.

 

      374.205 [Repealed by1967 c.497 §7]

 

      374.210 [Repealed by1967 c.497 §7]

 

      374.215 [Repealed by1967 c.497 §7]

 

      374.220 [Amended by1957 c.459 §3; repealed by 1967 c.497 §7]

 

      374.225 [Repealed by1967 c.497 §7]

 

      374.230 [Repealed by1967 c.497 §7]

 

      374.235 [Repealed by1967 c.497 §7]

 

      374.240 [Repealed by1967 c.497 §7]

 

      374.245 [Repealed by1967 c.497 §7]

 

      374.250 [Repealed by1967 c.497 §7]

 

      374.255 [Repealed by1967 c.497 §7]

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