reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 359 - Art and Culture › Section 359.436 - Community Cultural Participation Grant Program; local cultural plans.

(1) There is created the Community Cultural Participation Grant Program to be administered by the Administrator of the Arts Program under the direction of the Trust for Cultural Development Board. The purpose of the program is to provide funds to counties and federally recognized Indian tribes for local cultural activities. The Arts Program under the direction of the board shall make Community Cultural Participation Grants to counties and tribes.
(2) The board shall develop guidelines for local cultural plans.
(3) A local cultural plan shall:
(a) Identify priorities and specific strategies for building public cultural participation across cultural disciplines and organizations. The strategies may include the involvement of partners outside of the cultural sector such as business organizations, schools and health and human services organizations.
(b) Identify annual benchmarks to determine the impact of grant funds.
(c) Specify local leadership and governance for grant fund management and for ongoing planning and development of benchmarks.
(4) Local cultural plans shall be broadly disseminated within each county or tribe. The local cultural plans shall be used to encourage planning and collaboration among cultural entities.
(5) The Administrator of the Arts Program shall provide technical assistance to counties and tribes to support local cultural planning. [2001 c.954 §11; 2003 c.713 §13]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 359 - Art and Culture › Section 359.441 - Core partner agencies disbursement.

(1) The Arts Program, under the direction of the Trust for Cultural Development Board, shall distribute the amount disbursed from the Trust for Cultural Development Account under ORS 359.426 (2)(c) to the core partner agencies as follows:
(a) The Arts Program shall allocate 20 percent of the amount disbursed under ORS 359.426 (2)(c) for joint efforts by the core partner agencies in fostering cooperative cultural projects, including but not limited to cultural education, cultural tourism and other cultural activities.
(b) The Arts Program shall allocate 80 percent of the amount disbursed under ORS 359.426 (2)(c) to the core partner agencies for the purposes described in ORS 359.444. The Trust for Cultural Development Board shall determine the amount or percent of available funds that each core partner agency shall receive under this paragraph.
(2) The core partner agencies are not eligible to apply for grants from the Community Cultural Participation Grant Program or the Cultural Development Grant Program. [2001 c.954 §14; 2003 c.713 §15; 2023 c.552 §2]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 359 - Art and Culture › Section 359.444 - Allowable uses of funds by core partner agencies.

(1) A core partner agency may use funds received under ORS 359.426 (2)(c) to:
(a) Carry out the mission and mandate of the agency;
(b) Serve more grantees; and
(c) Encourage new cultural undertakings.
(2) Each core partner agency shall expend a portion of the amount received under ORS 359.426 (2)(c) as determined by the Trust for Cultural Development Board each fiscal year to fund development of qualitative benchmarks and culture within Oregon. The evaluation of benchmarks may be done in partnership with one or more higher education institutions in Oregon. It is intended that this partnership will stimulate research and investigation of the ways in which culture and related cultural policy will impact the state over a 10-year period. [2001 c.954 §16; 2023 c.552 §3]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.005 - Definitions.

As used in this chapter and in ORS chapter 367, unless the context requires otherwise:
(1) "Chief engineer" or "engineer" means the person designated by the director under ORS 184.628.
(2) "Commission" means the Oregon Transportation Commission.
(3) "Department" means the Department of Transportation.
(4) "Director" means the Director of Transportation.
(5) "Federal funds" means any funds provided by the United States for cooperative road work with states, counties, cities or other municipal subdivisions of the state under Acts of Congress enacted for those purposes.
(6) "Highway" means every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right.
(7) "Highway fund" means the State Highway Fund.
(8) "State highway" means any road or highway designated as such by law or by the Oregon Transportation Commission pursuant to law and includes both primary and secondary state highways.
(9) "This Act" means this chapter and ORS 105.760, 373.010, 373.015, 373.020 and 373.030. [Amended by 1969 c.599 §16; 1973 c.249 §28; 1979 c.186 §8; 1989 c.904 §34; 1993 c.741 §34; 2003 c.618 §44]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.010 - "County court" and "road" or "highway" defined.

As used in this Act:
(1) "County court" includes all county officers or boards charged by law with the duty of building, constructing, repairing, altering or maintaining roads or bridges, or both.
(2) "Road" or "highway" includes necessary bridges and culverts, and city streets, subject to such restrictions and limitations as are provided.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.112 - Bicycle lane and path advisory committee; members, terms, duties and powers; meetings.

(1) There is created in the Department of Transportation an advisory committee to be appointed by the Governor to advise the department regarding the regulation of bicycle traffic and the establishment of bicycle lanes and paths. The committee shall consist of eight members including an employee of a unit of local government employed in land use planning, a representative of a recognized environmental group, a person engaged in the business of selling or repairing bicycles, a member designated by the Oregon Recreation Trails Advisory Council, and at least one member under the age of 21 at the time of appointment. Members of the advisory committee shall be entitled to compensation and expenses as provided by ORS 292.495.
(2) The members shall be appointed to serve for terms of four years each. A vacancy on the committee shall be filled by appointment by the Governor for the unexpired term.
(3) The committee shall meet regularly four times a year, at times and places fixed by the chairperson of the committee. The committee may meet at other times upon notice by the chairperson or three members of the committee. The department shall provide office space and personnel to assist the committee as requested by the chairperson, within the limits of available funds. The committee shall adopt rules to govern its proceedings and may select officers it considers necessary. [1973 c.716 §1; 1993 c.741 §35]
Note:
366.112 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.157 - Program for prevention and cleanup of litter and vandalism.

The Department of Transportation shall administer a program for the involvement of youth in the prevention and cleanup of litter and vandalism. [Formerly 802.080; 2007 c.667 §5; 2009 c.463 §12]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.158 - Adopt-a-Highway Program; rules.

(1) As used in this section:
(a) "Noxious weeds" means any weed the State Department of Agriculture designates by rule as a noxious weed.
(b) "Pesticide" has the meaning given that term in ORS 634.006.
(2) The Department of Transportation shall administer a program aimed toward beautifying and cleaning state roadsides. The program shall include public informational activities, but shall be directed primarily toward encouraging and facilitating involvement of volunteer groups in litter cleanup work and removal of noxious weeds on a specific section of highway. The program shall be called the Oregon Adopt-a-Highway Program. Moneys for the program shall be provided from funds available to the department. The department may adopt any rules it considers necessary for implementation of the Oregon Adopt-a-Highway Program.
(3) An agreement entered into between the department and a volunteer group pursuant to subsection (2) of this section shall include but need not be limited to:
(a) Identification of the designated section of highway. The volunteer group may request a specific section of highway it wishes to adopt, but the assignment shall be at the discretion of the department.
(b) Specification of the duties of the volunteer group. The group shall choose one or both of the following activities:
(A) Removal of litter along the designated section of highway at least four times each year.
(B) Removal of noxious weeds, along the designated section of highway at least twice each year, using a method other than pesticide and in accordance with rules adopted by the State Department of Agriculture.
(c) Specification of the responsibilities of the volunteer group. The group shall agree to abide by all rules related to the program that are adopted by the department.
(d) Duration of the agreement. The volunteer group may contract to care for the designated section of highway for one, two or three years.
(4) A sign identifying the group and recognizing the group’s contribution shall be placed by the department at each end of the section of highway adopted by the group unless the department determines that doing so would be unsafe to persons using the highway.
(5) The department shall provide reflective vests, garbage bags and highway signs for the participating volunteer groups. [1991 c.486 §2; 2009 c.547 §1]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.159 - Vegetation control permit; fee.

(1) The Department of Transportation may issue a vegetation control permit to a person who holds a sign permit issued pursuant to ORS 377.700 to 377.844. A vegetation control permit authorizes the holder of the permit to control vegetation in the right of way of a state highway, in accordance with the provisions of this section, in order to keep the sign visible to the traveling public.
(2) The department may not issue a vegetation control permit for a scenic area as defined in ORS 377.505.
(3) The department may not issue a vegetation control permit for the right of way of a portion of state highway that is access controlled, or for which access rights have not accrued to the abutting property unless:
(a) Access to the right of way is from the abutting property; and
(b) The access does not breach, violate, destroy or otherwise diminish the effectiveness or purpose of fences or other physical barriers to the right of way.
(4) The department may charge a fee to the person issued a vegetation control permit under this section. The amount of the fee shall be determined by the department and shall be designed to recover the cost to the department of issuing the permit. [2001 c.508 §7]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.161 - Prevention of wildlife-vehicle collisions.

(1) The Department of Transportation shall establish a program to reduce wildlife-vehicle collisions in areas where wildlife corridors identified in the Wildlife Corridor Action Plan by the State Department of Fish and Wildlife intersect with proposed or existing public roads. The program shall include, but need not be limited to, plans for creating or modifying road infrastructure in a manner that reduces wildlife-vehicle collisions and promotes public safety. The plans may include but need not be limited to the use of wildlife crossing structures and roadway fencing.
(2) To the extent practicable, the Department of Transportation shall coordinate with local governments, as defined in ORS 174.116, and the tribal governments for tribes and bands listed under ORS 172.110, to achieve the goals of the program described in this section. [2019 c.272 §4]
Note:
366.161 and 366.162 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.162 - Temporary coordination of efforts to prevent wildlife-vehicle collisions; biennial reports.

(1) The Department of Transportation shall establish the program required under ORS 366.161 no later than December 31, 2023.
(2) Until the Department of Transportation establishes the program, the Department of Transportation and the State Department of Fish and Wildlife shall coordinate efforts to reduce wildlife-vehicle collisions based on the data gathered under ORS 496.272. The Department of Transportation shall consider the benefit of including a wildlife crossing as part of a project if the data suggests that such a crossing could significantly reduce wildlife-vehicle collisions.
(3) The Department of Transportation shall report biennially regarding the status of the program required under ORS 366.161 to interim or regular Senate and House committees relating to natural resources in the manner provided by ORS 192.245. The report shall include, but not be limited to, information concerning the number and types of wildlife corridor infrastructure projects established or planned and the realized or expected effect of established or planned wildlife corridor infrastructure projects on the number of wildlife-vehicle collisions. [2019 c.272 §5]
Note:
See note under 366.161.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.165 - Revolving fund.

(1) The revolving fund in the amount of $400,000 established by warrant drawn on any fund belonging to the state highway funds in favor of the Director of Transportation is continued.
(2) The revolving fund shall be deposited with the State Treasurer. The fund shall be at the disposal of the director. The director may designate persons authorized to pay claims from the fund and shall specify the maximum amount of money each designee may draw from the fund. The fund may be used:
(a) To pay salaries, travel expenses, compensation or payments for real property purchased or otherwise acquired, and emergency claims; or
(b) To secure or take advantage of trade discounts and to pay for services, materials and capital outlay.
(3) All vouchers for claims paid from the fund shall be approved by the director and audited by the fiscal officer of the Department of Transportation. When claims are so approved and audited, warrants covering them shall be drawn in favor of the director and shall be used by the director to reimburse the fund. [Amended by 1957 c.9 §1; 1967 c.454 §35; 1969 c.87 §1; 1971 c.598 §6; 1973 c.249 §34; 1979 c.186 §12; 1987 c.265 §1; 1993 c.741 §37]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.205 - Power and authority of commission over highways; rules.

(1) The Oregon Transportation Commission has general supervision and control over all matters pertaining to the selection, establishment, location, construction, improvement, maintenance, operation and administration of state highways, the letting of contracts therefor, the selection of materials to be used therein and all other matters and things considered necessary or proper by the commission for the accomplishment of the purposes of this Act.
(2) The commission has full power to carry out the provisions of and may make such rules as it considers necessary for the accomplishment of the purposes of this Act, as defined in ORS 366.005.
(3) The Director of Transportation, as authorized by the commission, shall appoint such officials and do any other act or thing necessary to fully meet the requirements of ORS 366.510. [Amended by 1963 c.601 §1; 1965 c.368 §6; 1973 c.249 §37; 1975 c.436 §8; 1985 c.565 §64; 1989 c.904 §35; 1993 c.741 §38]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.207 - Statewide winter maintenance strategy and policy; rock salt.

The Oregon Transportation Commission shall develop a statewide winter maintenance strategy and policy that includes the use of rock salt or similar solid salt products. In developing the strategy, the commission shall focus on highways under the Department of Transportation’s jurisdiction as the road authority pursuant to ORS 810.010 and take into consideration environmental best practices. [2017 c.750 §136]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.210 - Limit on administration and engineering expenditure.

The total cost in any one year for administration and engineering of highway construction shall not exceed 10 percent of the total funds available to the Department of Transportation during that year for its highway activities. [Amended by 1973 c.249 §38; 1993 c.741 §39]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.212 - Freight Advisory Committee.

(1) There is created the Freight Advisory Committee to be appointed by the Director of Transportation to advise the director and the Oregon Transportation Commission regarding issues, policies and programs that impact multimodal freight mobility in Oregon.
(2) The director shall have discretion to determine the number of committee members and the duration of membership. The committee membership shall include, but not be limited to, representatives from the shipping and carrier industries, the state, local governments and ports, including the Port of Portland.
(3) The committee shall:
(a) Elect a chairperson and a vice chairperson.
(b) Meet at least four times a year.
(c) Provide input on statewide and regional policies and actions that impact freight mobility.
(d) Provide input on the development of policy and planning documents that impact freight mobility.
(e) Advise the commission and regionally based advisory groups about the Statewide Transportation Improvement Program and the program’s consideration and inclusion of highest priority multimodal freight mobility projects in each Department of Transportation region.
(4) The committee may make recommendations for freight mobility projects to the commission. In making the recommendations, the committee shall give priority to multimodal projects.
(5) The Department of Transportation shall provide policy and support staff to the committee. The department shall also provide other personnel to assist the committee as requested by the chairperson and within the limits of available funds. [2001 c.240 §2; 2003 c.618 §46]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.215 - Creation of state highways; reduction in vehicle-carrying capacity.

(1) The Oregon Transportation Commission may select, establish, adopt, lay out, locate, alter, relocate, change and realign primary and secondary state highways.
(2) Except as provided in subsection (3) of this section, the commission may not permanently reduce the vehicle-carrying capacity of an identified freight route when altering, relocating, changing or realigning a state highway unless safety or access considerations require the reduction.
(3) A local government, as defined in ORS 174.116, may apply to the commission for an exemption from the prohibition in subsection (2) of this section. The commission shall grant the exemption if it finds that the exemption is in the best interest of the state and that freight movement is not unreasonably impeded by the exemption. [Amended by 1977 c.312 §2; 2003 c.618 §38]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.220 - Creation of state highway system.

(1) The Oregon Transportation Commission may select, establish, designate, construct, maintain, operate and improve or cause to be constructed, maintained, operated and improved a system of state highways within the state, which highways shall be designated by name and by the point of beginning and terminus thereof. The system of state highways shall include such other highways as may from time to time be selected and adopted by the commission pursuant to law and all highways adopted and classified as secondary state highways which are subject to and qualified for construction, improvement, betterment and maintenance as are other state highways.
(2) The commission may classify and reclassify the highways comprising the state highway system as primary and secondary highways. Secondary highways may consist of newly established highways, reclassified primary highways and county roads selected pursuant to ORS 366.290. [Amended by 1953 c.252 §2; 1977 c.312 §3]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.285 - Location of highways when in doubt; procedure.

(1) The Department of Transportation may locate, relocate, define, establish, reestablish and confirm the extension, location and establishment of primary and secondary state highways where:
(a) By reason of loss or destruction of field notes of the original surveys made by the county when such roads or highways were laid out and established by the county, defective or incomplete surveys or records, or destroyed monuments or marks, the exact original location and boundary cannot be found or ascertained.
(b) For any reason the exact location and right of way lines are in doubt or are challenged.
(2) In exercising the authority under subsection (1) of this section the procedure afforded the county with respect to public roads under ORS 368.201 to 368.221 may be followed by the department. [Amended by 1981 c.153 §61]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.290 - Adding to or removing roads from state highway system; responsibility for construction and maintenance.

(1) The Department of Transportation may select, locate, establish, designate, improve and maintain out of the highway fund a system of state highways, and for that purpose may, by mutual agreement with several counties, select county roads or public roads. By an appropriate order entered in its records the department may designate and adopt such roads as state highways. Thereafter the construction, improvement, maintenance and repair of such roads shall be under the jurisdiction of the department.
(2) In the selection of highways or roads to be included in the state highway system the department shall give consideration to and shall select such county roads or public roads as will contribute to and best promote the completion of an adequate system of state highways.
(3)(a) With the written agreement of the county in which a particular highway or part thereof is located, the department may, when in its opinion the interests of highway users will be best served, eliminate from the state highway system any road, highway, road segment or highway segment. The road, highway or segment becomes a county road or highway, and the construction, repair, maintenance or improvement, and jurisdiction over the road or highway will be exclusively under the county in which the road or highway is located.
(b) In addition to the funds provided under ORS 366.762 to the county, the department may annually provide funds out of the State Highway Fund to address the additional costs to the county for the construction, repair, maintenance or improvement of the road or highway over which the county accepts jurisdiction.
(c) The agreement between the department and the county accepting jurisdiction must contain provisions to ensure that freight movement on the highway will not be restricted beyond the limits set in the agreement, unless the Oregon Transportation Commission, in consultation with the freight industry and the county, concludes that the restriction is necessary for the safety of the highway users. Nothing in this section prevents a county from taking emergency action to protect safety or place weight restrictions on a structure that is failing or otherwise damaged.
(4) The construction, maintenance and repair of state highways shall be carried on at the sole expense of the state or at the expense of the state and the county by mutual agreement between the department and the county in which any particular state highway is located. [Amended by 1953 c.252 §2; 1979 c.223 §1; 2011 c.330 §24]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.292 - Consideration of tolling prior to doing modernization project.

Before proceeding with a modernization project, or a series of modernization projects on a single highway, that might result in a segment of highway to which tolling could reasonably be applied, the Department of Transportation shall determine what portion of the costs of construction and maintenance could be recovered through tolls on users of the project. The toll potential of a modernization project shall be considered among other factors in determining which modernization projects should be included in the Statewide Transportation Improvement Program, with those projects with the greater potential to be self-funded through tolls ranking higher. A determination under this section may be based on assumptions that a single toll would be imposed or on assumptions that tolls would be imposed that vary depending on time of day or any other condition the department deems relevant. [1999 c.1072 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.295 - Relocation of highways.

The Oregon Transportation Commission may make such changes in the location of highways designated and adopted by the commission, as in the judgment and discretion of the commission will result in better alignment, more advantageous and economical highway operation and maintenance, or as will contribute to and afford a more serviceable system of state highways than is possible under the present location. [Amended by 1977 c.312 §1]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.297 - Environmental performance standards; rules.

(1) As used in this section, "highway" has the meaning given that term in ORS 801.305.
(2) The Department of Transportation shall adopt rules, taking into consideration the following:
(a) Incorporating environmental performance standards into the design and construction of all state highway construction projects, including local government highway construction projects funded by the department.
(b) Improving the environmental permitting process for state highway construction projects in order to:
(A) Reduce the time required to design projects and obtain environmental permits;
(B) Reduce the cost and delay associated with redesigning projects to meet environmental requirements;
(C) Maintain a strong commitment to environmental stewardship; and
(D) Reduce this state’s dependence on foreign oil. [2009 c.865 §18]
Note:
366.297 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.300 - Treatment of sections eliminated when highway relocated.

(1) Whenever the Department of Transportation relocates or realigns a state highway or a section thereof, and by reason of such relocation or realignment there is eliminated from the original route of the highway a section thereof, the eliminated section shall, if needed for the service of persons living thereon or for a community served thereby, be maintained by the department at state expense, or by the county or by the state and the county on such terms and conditions as may be agreed upon.
(2) If such eliminated sections of old right of way, or any part thereof, in the judgment of the department, are needed or valuable for public road use, then the department shall, by appropriate action, declare the purpose of the department to preserve the same for public road use.
(3) If the department determines under subsection (2) of this section that the eliminated sections are merely parts of the old right of way which are no longer needed or valuable for highway right of way purposes or any other public road use, then if such eliminated sections are not owned by the department in fee, the department shall abandon such eliminated sections and such sections shall, except as otherwise provided in this section, revert to and title thereto shall vest in the abutting owner or owners.
(4) Nothing in this section shall impair vested rights of property owners under existing deeds, easements or contracts whereby the state or any county acquired such rights of way. This section shall not prevent the department from contracting for the acquisition of easements or rights of way on such terms and conditions as to abandonment and reverter as it may consider advisable under the conditions then existing. [Amended by 1985 c.259 §1]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.305 - Materials, supplies and equipment.

The Department of Transportation may select the materials to be used in the construction, maintenance and operation of state highways. It may purchase or contract for, independent of any particular job, improvement or highway project, whether done by contract, force account or otherwise, any material, supplies or equipment deemed necessary for carrying out the provisions and purposes of this Act in such amounts and manner and pursuant to such method as in the judgment of the department will be for the best interests of the state.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.310 - Buildings and structures.

The Department of Transportation may construct, equip, furnish and maintain office accommodations, shops, equipment sheds, storage plants and warehouses, snow fences, patrolmen quarters or accommodations and any other building, structure or thing deemed necessary for the efficient administration of the duties of the department and which in the opinion of the department are required for the proper and adequate accomplishment of the purposes of this Act.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.320 - Acquisition of rights of way and right of access.

(1) The Department of Transportation may acquire rights of way deemed necessary for all primary and secondary state highways, both within and without the corporate limits of cities and towns, except that such rights of way within the corporate limits of cities and towns may be acquired at the sole expense of the state, at the expense of the city or town or at the expense of the city or town and the state, as may be mutually agreed upon.
(2) The department may acquire by purchase, agreement, donation or by the exercise of the power of eminent domain, real property or any right or interest therein deemed necessary for rights of way, either for original location or for widening, straightening or otherwise changing any highway, road or street. The department may, when acquiring real property for right of way, acquire all right of access from abutting property to the highway to be constructed, relocated or widened.
(3) All rights of way owned or held by the several counties over and along any roads adopted as state highways are vested in the state, by and through the department. This subsection does not apply to any rights of way owned by any city for city streets. [Amended by 1953 c.252 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.321 - Expense of relocating municipal facilities payable by department; exceptions.

(1) When location, construction, relocation, reconstruction, maintenance or repair of a state highway requires relocation of any facilities placed or maintained in or on a public right of way by any municipal corporation, or a district or authority established under ORS chapter 264, 450, 451, 523 or 545, the Department of Transportation shall pay the municipal corporation, district or authority whose facilities are so required to be relocated the reasonable expenses of relocation, less any benefits and salvage of the relocation.
(2) Subsection (1) of this section shall not apply to:
(a) Facilities located in or on the right of way of a state highway under permits issued by the department upon the condition that the permittee would bear the cost of any relocation; or
(b) Facilities located in or on the right of way of a state highway where the municipal corporation, district or authority established under ORS chapter 264, 450, 451 or 545, has placed such facilities in or on the right of way of the state highway without a permit from the Oregon Transportation Commission or has refused to execute a permit as required by law or commission regulations. However, this paragraph shall not apply where such municipal corporation, district or authority has located facilities in or on the right of way of a city street or county road with the permission of the governing body of such city or county before such city street or county road was selected and designated a state highway by the Department of Transportation pursuant to ORS 366.290 or 373.010. [1967 c.272 §1; 1975 c.587 §1; 1975 c.782 §51a]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.323 - Studies to aid in relocating persons displaced by highway acquisition.

When plans of the Department of Transportation projected for one year involve acquisition of properties in any city which will require removal of 25 or more dwelling units, businesses or institutions, the Department of Transportation shall make a study of the persons residing on or maintaining businesses or institutions on property scheduled for highway acquisition. Such studies shall be kept current until the premises required for highway acquisition are vacated. The department shall obtain such other information as it finds appropriate to aid in the relocation of persons displaced by the highway acquisition, and may extend its studies beyond city boundaries when the highway acquisition will involve dwellings, businesses or institutions within three miles of a city boundary. Such information shall be made available to the persons displaced and to other persons who may provide or assist in providing new locations. This section shall apply whether the highway acquisitions will be paid for in whole or in part from state funds either directly or by reimbursement. The Department of Transportation may contract with any governmental subdivision or agency, or with private concerns to make and maintain such studies, or may employ necessary assistants therefor. [1959 c.648 §1; 1963 c.187 §1]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.324 - Financial assistance to persons displaced by highway acquisition; rules.

(1) When federal funds are available for payment of direct financial assistance to persons displaced by highway acquisition, the Department of Transportation may match such federal funds to the extent provided by federal law and to provide such direct financial assistance in the instances and on the conditions set forth by federal law and regulations.
(2) When federal funds are not available or used for payment of direct financial assistance to persons displaced by department acquisition of property, the department may provide direct financial assistance to such persons. Financial assistance authorized by this subsection shall not exceed the total amount that would have been payable under subsection (1) of this section if federal funds had been available or used. The department may adopt rules and regulations to carry out the provisions of this subsection. [1959 c.648 §2; 1963 c.187 §2; 1965 c.222 §1]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.325 - Rights of way through cemeteries.

The Department of Transportation may acquire by purchase, agreement, donation or by exercise of the power of eminent domain, real property for right of way through a cemetery, except that the department has no authority to acquire any such real property by exercise of the power of eminent domain if within the area sought to be taken there are graves which would be disturbed by the location and construction of a highway. The department may acquire by purchase, agreement, donation or exercise of the power of eminent domain, real property contiguous to the cemetery, and may convey such real property to the cemetery association or the owners of the cemetery in exchange for the property sought to be acquired for right of way purposes, but such authority shall not be exercised unless and until the owners of the cemetery agree in writing to the exchange of lands.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.330 - Acquisition of land adjoining right of way.

The Department of Transportation may, when acquiring real property for right of way purposes, acquire additional real property adjoining the real property sought to be acquired for the particular public project if such additional and adjoining real property is needed for the purpose of moving and establishing thereon buildings or other structures then established on real property required for right of way purposes. The acquisition of the abutting, additional real property may be accomplished by purchase, agreement, donation or exercise of the power of eminent domain. Such real property can be acquired only in the event that the owner of the real property required for right of way purposes and on which there is then located buildings or other structures, has entered into a written agreement with the department providing for and consenting to the removal and reestablishment of the buildings or structures on the additional, abutting real property.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.332 - Definitions for ORS 366.332 and 366.333.

As used in this section and ORS 366.333:
(1) "Real property" includes any right, title or interest in real property.
(2) "Utility" means any corporation, including municipal or quasi-municipal corporation, company, individual, association of individuals, lessee, trustee or receiver, that owns, operates, manages or controls all or part of any plant or equipment in this state, whether or not such plant or equipment or part thereof is wholly within or outside any city, which plant or equipment is used, directly or indirectly:
(a) For the conveyance of telegraph or telephone messages, with or without wires;
(b) For the transportation of water, gas or petroleum products by pipelines;
(c) For the production, transmission, delivery or furnishing of heat, light, water, power, electricity or electrical impulses; or
(d) For the transmission and delivery of television pictures and sound by cables. [1965 c.382 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.333 - Acquisition of utility real property; exchange of land for right of way.

(1) If real property upon which utility facilities are located is necessary for city street, public road or state highway location, relocation, construction, reconstruction, betterment or maintenance, and any portion of the real property is likewise required by the utility for the proper operation of its business, but the utility is willing to convey the real property to the state for city street, public road or state highway purposes in exchange for other real property within a reasonable distance, the state, through the Department of Transportation, may acquire by purchase, agreement or by the exercise of the power of eminent domain, other real property, except that of another utility, within a reasonable distance. After having acquired such real property, the state, through the department, may convey it to the utility in exchange for the real property required from the utility for city street, public road or state highway purposes. The difference in the value of the respective real properties shall be considered by the department in making the exchange.
(2) ORS 366.332 and this section do not vest in any utility any right, title or interest in any city street, public road, state highway or other public property. [1965 c.382 §§3,4]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.335 - Acquisition of railroad right of way; exchange of land therefor.

(1) Whenever in the location, relocation, construction or betterment of any highway within the state, it is deemed necessary to locate, relocate or construct the highway, or any part thereof, upon the right of way of any railroad company, the state, through the Department of Transportation, may negotiate and agree with the railroad company for the right to use or occupy the right of way, or so much thereof as is necessary for highway purposes.
(2) In case no satisfactory agreement can be effected, then the state, through the department, may acquire the right of way by exercise of the power of eminent domain, and for that purpose may commence and prosecute condemnation proceedings to acquire the right to the use and occupancy of sufficient of the railroad right of way for highway purposes.
(3) Nothing in subsection (2) of this section authorizes the use or occupancy of the railroad right of way which would interfere with the operation of the railroad or its necessary appurtenances, taking into consideration the use of the railroad right of way by the company for yards, terminals, station grounds and necessary additional trackage, or which would jeopardize the safety of the public.
(4) In the event that the right of way or property of any railroad company in the state required or needed for state highway location, relocation, construction or betterment, and any portion of the property or right of way is likewise needed and required by the railroad company for the proper operation of its trains and the usual and ordinary conduct of its business, but which property or land the railroad company is willing to deed to the state for highway purposes in exchange for a like amount of land within a reasonable distance, the state, through the department, may acquire by purchase, agreement or by exercise of the power of eminent domain, an equal amount of land or property within a reasonable distance. After having acquired such land or property, the state, through the department, may convey the same to the railroad company in exchange for the land or property needed and required from the railroad company for highway purposes. The difference in the value of the respective parcels of land shall be considered by the department in making the exchange. [Amended by 1965 c.383 §1; 1999 c.59 §100]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.337 - Exchange of certain parcels of land authorized.

The Department of Transportation, in the name of the State of Oregon, hereby is authorized to convey to any person, firm or corporation all or parts of the real properties described in section 1, chapter 21, Oregon Laws 1953, in exchange for other real properties in close proximity thereto which, in the judgment of the department, are of equal or superior useful value for public use. [1953 c.21 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.340 - Acquisition of real property generally.

The Department of Transportation may acquire by purchase, agreement, donation or by exercise of the power of eminent domain real property, or any right or interest therein, including any easement or right of access, deemed necessary for:
(1) Construction of shops, equipment sheds, office buildings, maintenance sites, patrolmen accommodations, snow fences, quarry sites, gravel pits, storage sites, stock pile sites, weighing stations and broadcasting stations.
(2) Appropriation, acquisition or manufacture of road-building materials, approach or hauling roads, connecting roads, frontage road, highway drainage and drainage tunnels.
(3) Maintenance of an unobstructed view of any state highway so as to provide for the safety of the traveling public.
(4) Any other use or purpose deemed necessary for carrying out the purposes of this Act.
(5) Elimination or prevention of hazardous or undesirable points of entry from adjacent property to state highways. [Amended by 1953 c.252 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 366 - State Highways and State Highway Fund › Section 366.365 - Going upon private property; rules.

(1) The Department of Transportation may go upon private property in the manner provided by ORS 35.220 to determine the advisability or practicability of locating and constructing a highway over the property or the source, suitability or availability of road-building materials thereon.
(2)(a) The department may go upon private property in the manner provided by ORS 35.220 to inspect a tree that the department believes may potentially pose an immediate and substantial risk of damage or injury because the tree is obstructing, hanging over or otherwise encroaching or threatening to encroach in any manner on a state highway.
(b) If after inspecting the tree the department believes that the tree presents a potential risk as described in paragraph (a) of this subsection, the department may request that an arborist certified by the International Society of Arboriculture conduct a technical evaluation, as defined by the department by rule, of the tree.
(c) If the arborist determines after conducting a technical evaluation that the tree presents an immediate and substantial risk of damage or injury, the department may immediately cut down the tree.
(3) The department may go upon private property to cut down or remove trees located on the property without notifying the property owner if the department has determined that the trees create an immediate and substantial risk of damage or injury by obstructing, hanging over or otherwise encroaching or threatening to encroach in any manner on a state highway.
(4) Within a reasonable amount of time after the department cuts down or removes trees in the manner provided by subsection (2) or (3) of this section, the department shall locate the property owner and notify the property owner of the department’s actions. The department may establish the process of notification by rule. [Amended by 1953 c.252 §2; 2003 c.477 §5; 2005 c.22 §259; 2009 c.130 §1; 2012 c.56 §3]