reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 372 - Highway Lighting Districts › Section 372.360 - Appointment of board for consolidated district.

In an order of consolidation or merger of two or more districts, the county board:
(1) Shall appoint, except as provided in subsection (2) of this section, five electors of the surviving or successor district as members of the first district board of the consolidated district.
(2) May appoint, if there are fewer than 10 electors registered in the consolidated district, any owner of land within the district who is also an elector of the state as defined in ORS 246.012. [1955 c.80 §8; 1971 c.514 §41; 1971 c.727 §113; 1983 c.48 §3]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 372 - Highway Lighting Districts › Section 372.400 - Petition for withdrawal of area from district; notice; hearing.

(1) The landowners within a district may petition the county board for withdrawal of a designated and described contiguous area lying along the boundary of and included in the district.
(2) The county board, where it appears that the petition has been signed by 10 percent of the landowners representing not less than 10 percent of the front footage abutting the highway included in the district, shall fix a time and place for hearing the petition, which time shall be not less than 31 nor more than 50 days after the date of receipt thereof. At least 10 days prior to the hearing, the county board shall publish a notice thereof by two insertions in a newspaper of general circulation in the district. [1971 c.514 §28]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 372 - Highway Lighting Districts › Section 372.410 - Petitioners to pay costs of publication, preparation and filing of revised boundary descriptions.

At the time of filing the petition for withdrawal, the petitioners shall deposit with the county clerk a sum of money sufficient to defray all the costs of publication and the expenses of preparing and filing with the county board the description of the boundaries of the district remaining, should such designated area be withdrawn. The petitioners shall have notice of the filing of the petition given in writing to the secretary of the district board and shall furnish the secretary with a copy of the petition as filed within five days after it is filed. [1971 c.514 §29]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 372 - Highway Lighting Districts › Section 372.420 - Board to order withdrawal of area if remonstrance not filed; grounds for denial or granting of petition.

(1) If at the time and place set for hearing upon the withdrawal petition no remonstrance is filed, either orally or in writing, the county board shall enter an order withdrawing the designated and described contiguous area from the district. If at the hearing any remonstrance is filed and after the hearing the county board is satisfied that the petition should not be granted, then the board may deny the petition or it may change the boundaries of the area proposed to be withdrawn and grant the petition. The boundaries may be reduced if such boundary change will eliminate the remonstrance filed in whole or in part, and if the county board finds that:
(a) The lands withdrawn could not be benefited by the district; and
(b) The lands remaining in the district will meet the requirements of ORS 372.030.
(2) If the petition is granted, the county board shall enter an order withdrawing the area from the district. [1971 c.514 §30]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 372 - Highway Lighting Districts › Section 372.430 - Withdrawn area not subject to subsequent assessments or taxes.

The area withdrawn shall, after the date of entry of the withdrawal order, be free from assessments and taxes levied thereafter by the district. However, the withdrawn area shall be taxed for its proportionate share of any indebtedness existing at the time of the order. The proportionate share shall be based on the assessed valuation, according to the assessment roll in the year of the levy, of all property contained in the district immediately prior to the withdrawal. [1971 c.514 §31]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 372 - Highway Lighting Districts › Section 372.450 - District dissolution petition or resolution.

Dissolution of a district may be initiated:
(1) By a petition for dissolution of the district, filed with the district board, signed by the owners representing not less than 50 percent of the front footage abutting the highway included in the district.
(2) By resolution of the district board when it determines that it is in the best interests of the inhabitants of the district that the district be dissolved and liquidated. [1971 c.514 §33]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 372 - Highway Lighting Districts › Section 372.460 - Board findings on proposed dissolution; proposed plan.

(1) When the dissolution of a district is proposed, the board shall make findings of fact which shall include:
(a) The amount of each outstanding indebtedness, together with a general description thereof and the holders thereof, so far as known.
(b) The estimated cost of dissolution.
(c) The assets of the district.
(d) A detailed statement of all lands acquired by the district for delinquent taxes or delinquent assessments and the amount of the taxes and assessments on each parcel of land sold.
(e) All taxes or assessments unpaid and the amount upon each lot or tract of land and all other assets of the district.
(2) The board shall propose a plan of dissolution and liquidation which may include provision for transfer and conveyance of all assets of the district to any county service district organized under ORS chapter 451 which will assume all its outstanding indebtedness and undertake to continue to furnish service to the inhabitants of the district.
(3) The findings of fact and proposed plan of dissolution and liquidation shall be filed in the office of the county clerk of the county. [1971 c.514 §34]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 372 - Highway Lighting Districts › Section 372.470 - Filing of dissolution plan with county board; notice; hearing.

(1) When the district board has complied with ORS 372.460, it shall thereupon file the petition or resolution with the county board of the county and request dissolution of the district in accordance with the plan. No proposal shall be filed until the assent of all known holders of valid indebtedness against the district is obtained or provision is made in the plan for payment of the nonassenting holders.
(2) Upon the filing of the proposal, the county board shall fix a time for, and cause notice to be given of, a hearing on the petition. The hearing shall be held not less than 30 nor more than 50 days after the date the petition is filed with the board. Notice of the hearing shall be given by:
(a) Posting in three public places within the district not less than 15 days prior to the hearing; and
(b) Publication in some newspaper of general circulation in the district once a week for three successive weeks before the hearing, making three publications, the last publication being at least five days before the hearing.
(3) The notice shall state the time and the place of the hearing, that it is proposed to dissolve the district and that any interested person may appear and shall be given a reasonable opportunity to be heard. The notice shall give a brief summary of the proposed plan of dissolution and liquidation and state that a copy is on file at the office of the county clerk, available for inspection. [1971 c.514 §35]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 372 - Highway Lighting Districts › Section 372.480 - Grounds for granting dissolution; assumption of district indebtedness; disposition of surplus; statement of dissolution.

(1) After the hearing, if the county board determines it is in the best interest of the district to dissolve, it shall grant the petition and enter an order dissolving the district or the county board may deny the petition. If an order is entered dissolving the district, the district board shall thereupon constitute a board of trustees to dispose of the property of the district and pay its debts and obligations or procure releases thereof.
(2) If a county service district assumes all indebtedness of the highway lighting district and undertakes to continue to furnish service to the inhabitants pursuant to the plan of dissolution and liquidation, and if the consent of all the known holders of valid indebtedness against the district has been obtained or provision has been made in the plan for payment of the nonassenting holders, the board of trustees may convey to the county service district all assets of the highway lighting district as described by the district board under ORS 372.460 after paying and discharging the debts to, or procuring releases from, the nonassenting holders.
(3) Except as provided by subsection (2) of this section, any surplus funds remaining to the credit of the district, after payment of the indebtedness of the district, shall be turned over to the county treasurer to become a part of the general fund of the county. If the assets of the district are insufficient to pay the indebtedness, the board of trustees shall levy taxes, within the limits of the authority of the district, for the liquidation of such indebtedness.
(4) Upon completing liquidation of the highway lighting district, the board of trustees shall execute, under oath, a signed statement that the district has been dissolved and its affairs liquidated, which statement shall be filed in the office of the county clerk of the county. [1971 c.514 §36]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 373 - Roads and Highways Through Cities › Section 373.010 - Routing and marking state highways through cities.

Whenever the route of any state highway passes through the corporate limits of any city of this state, the Department of Transportation:
(1) Shall select and designate the streets of the city over which the state highway shall be routed.
(2) Shall erect and maintain such road and other signs on and along such streets at such places and of such material and design as it may select.
(3) May alter or change such routing when in its opinion the interests of the motoring public will be better served. [Amended by 1957 c.663 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 373 - Roads and Highways Through Cities › Section 373.015 - Notice and hearing before location, relocation or abandonment of state highway through cities.

(1) Except as provided in ORS 374.329, before the Department of Transportation acquires within any incorporated city any new rights of way, or relocates or abandons any existing state highway within any incorporated city, the department shall notify the mayor of the city by letter of the action contemplated by the department.
(2) If the department receives from the mayor or city council any remonstrances or objections within 10 days after the mayor received the letter under subsection (1) of this section, the department, or its designated representative, shall hold a public hearing at the city hall in the city.
(3) The department shall provide written notice to the mayor at least 10 days prior to the public hearing, and at the public hearing persons who favor or oppose the contemplated action shall be given an opportunity to be heard. [1955 c.447 §1; 2011 c.330 §21]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 373 - Roads and Highways Through Cities › Section 373.020 - Jurisdiction over streets taken over for state highway routing through cities; effect on public utility duties.

(1) Complete jurisdiction and control of streets taken over by the Department of Transportation as provided in ORS chapter 366 and ORS 105.760, 373.010, 373.015, 373.030 and this section, is vested in the department and extends from curb to curb, or, if there is no regular established curb, then such control extends over such portion of the right of way as may be utilized by the department for highway purposes. Responsibility for and jurisdiction over all other portions of the street or road remains in the city.
(2) All cities retain the right to grant the privilege to open the surface of any such street or road, but all damage occasioned thereby shall promptly be repaired by the city, either itself or at its direction, and the responsibility for the cost thereof shall be upon the city permitting the opening.
(3) Cities retain the exclusive right to grant franchises over, beneath and upon any such street or road, and to control and regulate such franchises and the utilization thereof, but the department may utilize any storm sewers thereon or thereunder without cost or charge therefor by the city.
(4) Nothing contained in ORS chapter 366 and ORS 105.760, 373.010, 373.015, 373.030 and this section, relieves any public utility or telecommunications utility from the maintenance and repair of any street or portion thereof or the performance of any other obligation required under any franchise granted to it by any city. [Amended by 1979 c.186 §14; 1987 c.447 §121; 1995 c.79 §202]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 373 - Roads and Highways Through Cities › Section 373.030 - Construction and maintenance of streets; consent of city for grade change.

(1) The Department of Transportation may construct, reconstruct, pave and improve and shall repair and maintain streets and roads through cities where such streets or roads, or both:
(a) Form a link in the highway system of the state or constitute a connection between two such highways; and
(b) Have been designated by the department as the streets or roads over which there is routed state highway traffic.
(2) The department, however, shall not change or establish any grade of any such street or road without the consent of the governing body of the city.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 373 - Roads and Highways Through Cities › Section 373.050 - Closing streets that intersect with state highways routed through city.

(1) Whenever the Department of Transportation has located a highway in, into or through the corporate limits of a city upon or over an alignment or route not theretofore comprising a city street and has acquired the necessary rights of way therefor and constructed a highway thereover, or whenever the department, pursuant to ORS 373.010 has selected and designated streets over which to route a state highway within an incorporated city, the department may close any street at the point where it intersects or is intersected by the state highway or by the streets selected and designated as the route of a state highway, by a formal agreement with the municipal authorities of a city set out in a resolution or ordinance of the city, designating the particular streets to be closed by name and intersection.
(2) Before any municipal authorities enter into any such formal agreement with the department, such municipal authorities shall comply with all city ordinances or charter provisions pertaining to the closing of streets in the city.
(3) Before the street can be closed or dead-ended, the department shall, after investigation, find and declare by resolution that the closing of the street at the point of intersection is necessary in order to provide safety for the general public or will contribute to a more expeditious and orderly movement of traffic, or both.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 373 - Roads and Highways Through Cities › Section 373.060 - State liable for street closing damages; proceedings on cause of action.

(1) If by the closing of any street as provided in ORS 373.050, real property abutting on the intersected street between the point of intersection and the next street, but in no event beyond a point 300 feet from the point of intersection, is damaged, any person having any right, title or interest in any such real property has a cause of action against the state to enforce payment of such compensation or damages.
(2) Any such action may be commenced and prosecuted in the circuit court for the county in which such real property is situated. Any party to any such action has the right to appeal from the judgment of any circuit court to the Court of Appeals. Any person having or claiming any right, title or interest in such real property may join as party plaintiff or may intervene in any action involving real property in which the person claims an interest.
(3) The trial circuit court shall, in its general judgment, apportion such compensation as it may award among the various persons found by it to own or have some right, title or interest in such real property. The awarded compensation shall be apportioned according to the rules of law governing the distribution of awards made when real property is taken under the power of eminent domain.
(4) The liability of the state and of the municipality terminates wholly when the compensation thus determined is paid into court. Any cause of action granted by this section is barred unless it is commenced within six months after the street is closed and entrance from the street to the state highway or intersecting street is physically barred. [Amended by 1979 c.562 §13; 2003 c.576 §251]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 373 - Roads and Highways Through Cities › Section 373.110 - Connecting county road to state highway by road through city.

(1) Whenever in its judgment it is necessary, for the purpose of connecting an existing county road with an existing state highway, that the connecting road be located, established and designated over property within the boundaries of a city, the county court or board of county commissioners may designate, locate, establish, construct and maintain the connecting road over property within the corporate limits of the city as a county road.
(2) The procedure for the establishment of the connecting road may be by petition of freeholders or by a resolution of the county court or board of county commissioners as provided by law for the establishment of county roads.
(3) In addition to the authority provided by law for the acquisition of rights of way, in the event the connecting road is established by petition of freeholders or by its resolution, the county court or board of county commissioners may acquire private property within the corporate limits of the city for rights of way for the connecting road by exercise of the power of eminent domain, under the procedure provided by law for exercise of the power of eminent domain by counties for the acquisition of private property for rights of way for county roads.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 373 - Roads and Highways Through Cities › Section 373.120 - Connecting county roads by roads through certain cities.

The county court or board of county commissioners may construct and pave streets and roads through cities of less than 2,500 population, as shown by the last federal census, where such streets and roads are for the purpose of connecting county roads and highways. [Amended by 1957 c.71 §1]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 373 - Roads and Highways Through Cities › Section 373.130 - County use of city streets as bridge approach.

Whenever any county constructs across any stream any bridge which is wholly or in part within the limits of any city within the county, the county may use as approaches for the bridge such portions as may be necessary of any street of the city leading to the bridge. The power, dominion and right of control over and to improve and maintain the portions of any street so used belong exclusively to the county.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 373 - Roads and Highways Through Cities › Section 373.210 - Improvement of through highways by certain cities.

Any city having a population of less than 100,000 may provide for the improvement of any roads or streets within the limits of the city at the partial expense of the general fund of the city in the manner provided in ORS 373.220 and 373.230, where:
(1) Such roads or streets are parts of any general system of state or county roads or highways; or
(2) Such roads or streets directly connect with state or county roads or highways;
(3) Such roads or streets afford an outlet from the limits of the city to adjoining state or county roads or highways; or
(4) Such roads or streets provide the most accessible or generally traveled route from within the city to beyond the limits of the city.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 373 - Roads and Highways Through Cities › Section 373.220 - Procedure to authorize improvement.

Whenever, by majority vote of the legislative authorities of a city mentioned in ORS 373.210 or by initiative vote by the people thereof, it is deemed advisable to construct or improve such designated roads or streets at the partial expense of the general fund of the municipality, the governing body shall so declare by ordinance, stating what portion of the cost shall be paid out of the general fund of the municipality and what portion shall be paid by assessment against property in the manner provided by charter or ordinance provisions of the city, unless the amount or proportion has been fixed by the initiative measure.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 373 - Roads and Highways Through Cities › Section 373.230 - Charter or ordinance provisions governing improvement.

Except as to the provision that a portion of the cost of the improvement mentioned in ORS 373.220 may be paid out of the general fund of the city, all other charter or ordinance provisions govern in the matter of the construction and improvement of such roads and streets.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 373 - Roads and Highways Through Cities › Section 373.240 - General road fund of city.

The general road fund of any city shall consist of the road money set apart for the city as a road district or otherwise, under the laws of the state, out of the road tax levied by the county, which the county treasurer shall pay to the city, and any other money placed in the road fund of the city by the orders of the city governing body.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 373 - Roads and Highways Through Cities › Section 373.250 - Use of city road fund.

The road fund mentioned in ORS 373.240:
(1) Shall be used by the city for the construction and repair of county roads and streets therein.
(2) May be used for the construction and repair of roads without a city having a population of less than 100,000 which lead directly to it.
(3) In carrying out such objects, may be used jointly with the county in which the city is located as provided in ORS 373.260.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 373 - Roads and Highways Through Cities › Section 373.260 - Agreements between counties and cities as to acquisition of rights of way and road improvement.

(1) The county court or the board of county commissioners of any county and the authorities of any city within the county may enter into an agreement for the construction, improvement or repair of, and the acquisition of right of way for:
(a) Any county road or city street within the corporate limits of the city.
(b) Any road without such city, if it has a population of less than 100,000, but leading directly to it.
(2) In the agreements the parties shall agree upon the proportion which each shall contribute toward such acquisition, construction, improvement or repair and upon the method and kind of acquisition, construction, improvement or repair to be made. [Amended by 1955 c.388 §1]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 373 - Roads and Highways Through Cities › Section 373.280 - Assessments made by city under belief county road was city street.

No assessment made by any city for the improvement of any county road or portion thereof under the bona fide belief of its governing body that it was a public street of the city is invalid where the property owner has permitted the city to make the improvement or where the county has surrendered jurisdiction to the city within the time when the assessment is otherwise collectible by law, if within the time the assessment would be otherwise collectible the city acquires full jurisdiction over the county road or portion thereof as provided in ORS 373.270.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 373 - Roads and Highways Through Cities › Section 373.290 - Amity given control of county roads and highways declared streets.

The incorporated city of Amity, in Yamhill County, has exclusive control and jurisdiction over all county roads and highways within its corporate boundaries. Such county roads and highways are streets, subject to all the burdens and servitudes thereof. The control of such county roads and highways is excepted out of the jurisdiction of the County Court of Yamhill County.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 373 - Roads and Highways Through Cities › Section 373.300 - Monmouth given control of certain highways declared streets.

The city of Monmouth, in Polk County, has full and exclusive jurisdiction, power and control over all that part of the highway known as Monmouth Avenue from its intersection with Main Street north to the northeast corner of University Out Lot B located within the corporate limits of the city. Such highway is a street, subject to all the burdens and servitudes thereof. The control of such highway is excepted out of the jurisdiction of the County Court of Polk County.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 373 - Roads and Highways Through Cities › Section 373.310 - Myrtle Point given jurisdiction over certain county roads declared streets.

(1) The city of Myrtle Point, in Coos County, has absolute and complete jurisdiction over the following portions of the following county roads located within the corporate limits of the city:
(a) All that portion of any county roads within the corporate limits of the city, lying along First Street and the whole thereof, as such street is described upon the plat of the original town (now city) of Myrtle Point, now on file and of record in the office of the county clerk for Coos County.
(b) All that portion of the county roads within the corporate limits of the city, lying on or along Spruce Street and the whole thereof, as shown upon the plat of the original town (now city) of Myrtle Point and upon the plat of the first extension to the original town (now city) of Myrtle Point, now on file and of record in the office of the county clerk of Coos County.
(c) All that portion of the county roads within the corporate limits of the city, lying upon or along First Street, being Spruce Street extended, and the whole thereof, as shown upon the plats of Border & Bender’s addition to the town (now city) of Myrtle Point, Border & Bender’s extension to Border & Bender’s addition to the town (now city) of Myrtle Point, Sengstacken’s addition to the town (now city) of Myrtle Point and J. H. Roberts’ addition to the town (now city) of Myrtle Point, now on file and of record in the office of the county clerk for Coos County.
(d) All that portion of any county roads within the corporate limits of the city, lying along Railroad Avenue and the whole thereof, as shown upon the plats of the first extension to the original town (now city) of Myrtle Point, Lehnherr’s addition to the town (now city) of Myrtle Point, Brown’s first addition to the town (now city) of Myrtle Point, Brown’s second addition and Smith’s addition to the town (now city) of Myrtle Point, now on file and of record in the office of the county clerk for Coos County.
(2) The city of Myrtle Point has jurisdiction over such portion of the roads in the same manner and to the same extent that it has jurisdiction over such streets, such portions to be streets of the city of Myrtle Point.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 373 - Roads and Highways Through Cities › Section 373.320 - Salem given control of roads declared streets.

All county roads or other roads under the jurisdiction of the county court of Marion or Polk County, within the corporate limits of the City of Salem, are streets of the city. The city has exclusive control and jurisdiction over all such roads. The county courts of Marion and Polk Counties have no jurisdiction thereof.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 373 - Roads and Highways Through Cities › Section 373.330 - City of Gresham given jurisdiction of certain county roads declared city streets.

(1) As used in this section, "road funds" means:
(a) State Highway Fund moneys allocated to Multnomah County as provided in ORS 366.739; and
(b) Taxes imposed on motor vehicle fuel by Multnomah County.
(2) The county roads within the corporate limits of the City of Gresham, in Multnomah County, are transferred and designated to be within the exclusive control and jurisdiction of the City of Gresham. These county roads are city streets, subject to all of the burdens and servitudes of city streets. Multnomah County does not have control of or jurisdiction over the roads described in this subsection.
(3) Multnomah County and the City of Gresham shall enter into an agreement concerning the distribution of the total road funds of the county. When Multnomah County and the City of Gresham have reached an agreement, they shall notify the Oregon Transportation Commission and the Office of the Legislative Counsel. [2005 c.773 §1]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.005 - Policy and purpose of ORS 374.005 to 374.095.

(1) The kind, character and volume of traffic now moving over public highways, the speed at which such traffic moves, the prime and essential factors such as speed, safety and convenience to which transportation of persons and property over public highways is entitled, the relation which such transportation bears to the transportation systems of other states and of the nation as a whole, the ever-increasing toll of injury to and death of persons and the destruction of and damage to property caused by and resulting from accidents on public highways constitute and are conditions and elements which demand of highway officials a program of highway designing, highway regulations, highway use and operation, highway controls and highway safeguards which will make possible and insure a degree of safety and convenience and a type and class of service not possible under existing law.
(2) To the end that human lives may be saved, property damage minimized, transportation by motor vehicle promoted and highway travel in general safeguarded, the legislature finds, determines and declares that ORS 374.005 to 374.095 is necessary for the preservation of public safety, the improvement and development of transportation facilities in the state, the protection of highway traffic from the hazards of unrestricted and unregulated entry from adjacent property, the elimination of hazards due to highway grade intersections and in general the promotion of public welfare.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.010 - "Throughway" defined.

As used in ORS 374.005 to 374.095, "throughway" means a highway or street especially designed for through traffic, over, from or to which owners or occupants of abutting land or other persons have no easement of access or only a limited easement of access, light, air or view, by reason of the fact that their property abuts upon the throughway or for any other reason.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.015 - Department of Transportation to establish and maintain throughways; highways to be designated throughways.

(1) The Department of Transportation, in addition to and without restricting, limiting or repealing any powers and authority which it now has, may lay out, locate, relocate, adopt, establish, construct, designate, maintain and supervise the use and operation of new highways known as throughways.
(2) Any relocated section of an existing highway and such portions of existing highways, which at the time they are designated as throughways have less than 10 commercial businesses abutting thereon catering to the motoring public in any one mile of such existing highway, may be designated and constructed as or converted into a throughway by the department. As used in this subsection, "relocated" means a highway or section thereof so located that for its construction an entirely new right of way is necessary.
(3) The authority and power of the department extends to and includes state highways within the corporate limits of cities, and with the approval of the municipal authorities may extend to and include city streets.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.020 - Interference with railroad facilities prohibited.

No throughway shall be established upon or across the tracks, yards, station grounds or other operating properties of any common carrier railroad, or upon or across any industrial or business property served by railroad industrial trackage, or upon or across any property at such a location as to unduly interfere with the reasonable access of shippers, passengers or the public to railroad depots, team tracks or other facilities for receiving or delivering freight or passengers transported by railroad unless the Department of Transportation and the railroad agree on a proposed throughway project. [Amended by 1995 c.733 §94]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.025 - Change from throughway to highway.

Any state highway or section thereof which has been located, established, designated and constructed as a throughway may, in whole or in part, be changed from a throughway to an ordinary highway by the Department of Transportation if in its judgment such action will best serve public needs.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.030 - Separation of throughways into separate roadways; ingress and egress.

(1) The Department of Transportation may so design a throughway and so regulate, restrict or prohibit access thereto and use thereof as to best serve the traffic for which the throughway is intended. In this connection and for such purpose the department may divide and separate any throughway into separate roadways or lanes by the construction of raised curbings, central dividing sections or other physical separations, or by designating separate roadways or lanes by signs, markers or stripes and the proper lanes for traffic by appropriate signs, markers, stripes or other devices.
(2) After any highway has been so marked or designed no person has any right of ingress or egress to, from or across the highway to or from abutting lands, except at such points as may be designated by the department.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 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 to 374.095.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.040 - Acquisition of land not immediately needed.

Whenever it becomes necessary to acquire any real property for use in connection with the location, relocation, construction, reconstruction, improvement and maintenance of any throughway or section thereof or for a service road, the Department of Transportation may, in its discretion, acquire an entire lot, block or tract of land if by so doing the interests of the owner and the state will be best served, even though the entire tract is not immediately needed for the highway proper. This provision and authority shall apply to and be effective whether the real property is acquired by purchase, agreement or exercise of the power of eminent domain.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.045 - Payment for land acquired.

The Department of Transportation may pay the cost incident to the acquisition of real property or any interest therein for the establishment, location and relocation of throughways and their construction, reconstruction and maintenance out of state highway funds in the same manner that such funds are disbursed for other highway purposes by the department.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.050 - Parties bringing eminent domain proceedings.

In case an agreement provided for in ORS 374.080 has been entered into, proceedings in eminent domain for the acquisition 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 to the agreement.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.055 - Evidentiary purposes of improvement plan.

In any proceeding in eminent domain evidence of the entire plan of improvement is admissible for the purpose of determining:
(1) Value of property taken.
(2) All damages by reason of deprivation of right of access to any highway to be constructed, established or maintained as a throughway.
(3) The damages which, if the property sought to be condemned constitutes a part of a larger parcel, will accrue to the portion not sought to be condemned by reason of its severance from the portion sought to be condemned and by reason of the construction of the improvement in the manner proposed.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.060 - Power of Department of Transportation as to intersecting streets and roads.

The Department of Transportation, with the official approval of municipal authorities of cities with respect to city streets and with the official approval of the county court or 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 with a 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 to a suitable point of connection; and
(4) Do any and all work on the street, highway or road as is necessary therefor.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.065 - Intersection of throughways and county roads.

(1) The Department of Transportation shall provide for the intersection of throughways by county roads running into or across throughways.
(2) Any county road may be closed at the points where it runs into or intersects the throughway if the consent of the county court or board of county commissioners of the county in which the road is located is first obtained.
(3) After the establishment of a throughway, no county road shall be constructed running into or intersecting the throughway unless its plans and specifications have first been submitted to and approved in writing by the department. This approval shall be made a matter of record by the department and by the county court or board of county commissioners.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.070 - Throughways in cities; intersecting streets.

(1) Should any portion or section of a throughway be within the corporate limits of a city, provision shall be made for access thereto from existing streets at points designated by the municipal authorities of the city. In the event plans and specifications are submitted to the municipal authorities of the city by the Department of Transportation and the municipal authorities fail to designate such points within 60 days thereafter, the designation may be made by the department.
(2) After establishment of any throughway in or through a municipality, no street shall be constructed turning into or intersecting the throughway unless the plans and specifications therefor have first been submitted to and approved in writing by the department and made a matter of official record.
(3) Nothing in this section prohibits the closing of any street at the point where it runs into or intersects any throughway by the proper municipal authorities in the manner provided by law.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.075 - Cooperation of municipal and county authorities with Department of Transportation.

The municipal authorities of cities and the county court or board of county commissioners of any county may do anything or all things necessary to cooperate with the Department of Transportation for laying out, acquiring and constructing any section or portion of any street or highway within their respective jurisdiction as a throughway and to convert any existing street or highway into a throughway.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.080 - Agreements with federal government, counties and cities.

The Department of Transportation may enter into cooperative agreements with the federal government and with any county or city for the location, adoption, construction and maintenance of a throughway either within or without the corporate limits of any city, with respect to highways under the exclusive jurisdiction of the department, roads under the jurisdiction of the county court or board of county commissioners and streets under the exclusive jurisdiction of cities, and may, in such agreements, agree upon the allocation of costs of the project, the manner and method of maintenance and all other relevant matters.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.085 - Severance by throughway of agricultural land.

Wherever by the location, relocation, establishment and construction or reconstruction of a throughway under ORS 374.005 to 374.095 real property, title to which is held under one ownership, is severed and the land is being used for farm or other agricultural purposes, provision shall be made by the Department of Transportation for crossing the highway from one such tract to the other or compensation for the severance of the tract shall be paid. Should such tracts at any time cease to be held under one ownership, the department may terminate and discontinue the road crossings. No such connecting-road crossing shall be used for or in connection with the conduct of any roadside business or enterprise, but shall be available and used solely for passage from one of the severed tracts to the other.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.090 - Destruction by throughway of access to agricultural property.

Whenever a throughway is located, relocated, constructed or reconstructed through or over farm or agricultural property and thereby all reasonable ingress and egress have been destroyed, the Department of Transportation shall provide access from the abutting properties to the throughway by a service road or by direct access, unless by agreement with the owners of the abutting properties access to the throughway has been waived by the property owner or has been acquired by the state by agreement or exercise of the power of eminent domain.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.095 - Utility roads where access to abutting property affected.

If under ORS 374.005 to 374.095 any existing highway or section of existing highway is converted into a throughway, by reason thereof real properties then occupied and used are affected and such abutting real properties are dependent upon the existing highway or section of highway for ingress and egress, the Department of Transportation shall provide a utility or service road to serve the properties. This utility or service road shall be constructed and maintained by the state at state expense and shall follow a location or route immediately parallel to and adjoining the throughway. After the service or utility road has been constructed the abutting land owner’s right of reasonable view shall not be impaired.