reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.302 - Definitions for ORS 374.302 to 374.334.

As used in ORS 374.302 to 374.334:
(1) "Approach road" includes a private road that crosses a state highway or a county road.
(2) "Channelization" means the roadway lane configuration necessary to safely accommodate turning movements from the highway to an intersecting approach.
(3) "District highway" means a state highway that has been classified by the Oregon Transportation Commission as a district highway.
(4) "Expressway" means a state highway that has been designated by the commission as an expressway.
(5) "Interstate highway" means a state highway that has been classified by the commission as an interstate highway.
(6) "Move in the direction of" means a change in an approach to a property abutting the highway that would bring a property closer to conformance with existing highway standards.
(7) "Peak hour" means the hour during which the highest volume of traffic enters and exits the property during a typical week.
(8) "Private approach" means an approach that serves one or more properties and that is not a public approach.
(9) "Private road crossing" means a privately owned road designed for use by trucks that are prohibited by law from using state highways, county roads or other public highways.
(10) "Public approach" means an existing or planned city street or county road connection that provides vehicular access to and from a highway.
(11) "Regional highway" means a state highway that has been classified by the commission as a regional highway.
(12) "Sight distance" means a length of highway that a driver can see with an acceptable level of clarity.
(13) "State highway" means a highway that is under the jurisdiction of the Department of Transportation.
(14) "Statewide highway" means a state highway that has been classified by the commission as a statewide highway.
(15) "Trip" means a one-way vehicular movement that consists of a motor vehicle entering or exiting a property.
(16) "Unincorporated community" means a settlement that is not incorporated as a city and that lies outside the urban growth boundary of any city. [2011 c.330 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.305 - Necessity of permission to build on rights of way.

(1) A person may not place, build or construct on the right of way of any state highway or county road, any approach road, structure, pipeline, ditch, cable or wire, or any other facility, thing or appurtenance, or substantially alter any such facility, thing or appurtenance or change the manner of using any such approach road without first obtaining written permission from the Department of Transportation with respect to state highways or the county court or board of county commissioners with respect to county roads. In reviewing or granting an application for written permission, the department or a county court or board of county commissioners may not discriminate against or favor a renewable energy facility.
(2) After written notice of not less than 10 days to the permittee and an opportunity for a hearing, the department with respect to crossings over a state highway and the county court or board of county commissioners with respect to crossings over a county road may abolish any crossing at grade by a private road or may alter or change any private road crossing when the public safety, public convenience and the general welfare require the alteration or change. [Amended by 1955 c.424 §1; 1957 c.323 §1; 1967 c.497 §1; 2011 c.330 §3; 2023 c.336 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.307 - Removal or repair of installation constructed without permission.

(1) If any person, firm or corporation builds or constructs on the right of way of any state highway or county road any approach road or any other facility, thing or appurtenance without first obtaining the written permission required by ORS 374.305, the Department of Transportation or the county governing body shall, after the expiration of 30 days following the transmittal of a written notice to such person, firm or corporation, at the expense of such person, firm or corporation, remove all such installations from the right of way or reconstruct, repair or maintain any such installation in accordance with or as required by the rules and regulations. This expense may be recovered from such person, firm or corporation by the state or county in any court of competent jurisdiction.
(2) Notwithstanding subsection (1) of this section, if the Department of Transportation, county governing body or designated agent of the department or governing body, whichever is applicable, determines that a traffic or pedestrian hazard is created by the construction which causes imminent danger of personal injury, it may:
(a) Order the construction removed, repaired or maintained to eliminate the hazard, within 24 hours after delivery of written notice to the person, firm or corporation which caused the construction, and to the owner of the property on which the construction occurred.
(b) If the hazard is not removed within the time set under paragraph (a) of this subsection, remove the hazard and recover the expenses of any removal, repair or maintenance from any such person, firm or corporation in any court of competent jurisdiction. [1955 c.424 §5; 1979 c.873 §1]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.308 - Presumption of written permission.

(1)(a) An owner of real property abutting a state highway with an existing approach road is presumed to have the Department of Transportation’s written permission for the approach road based upon documentation for a highway project completed by the department that shows that the approach road was built or rebuilt as part of the project or that the department intended to issue an approach permit to the property owner for the approach road.
(b) The department shall have the burden to establish that the factual basis for the presumption in paragraph (a) of this subsection does not exist.
(2)(a) An owner of real property abutting a state highway with an approach road that was in existence before April 1, 2000, is also presumed to have the department’s written permission for the approach road based upon documentation in any form that shows:
(A) That the approach road was in existence before July 16, 1949;
(B) That the approach road was in existence before the department accepted jurisdiction of the highway from a city or county; or
(C) That the approach road was built or rebuilt with the department’s knowledge or permission.
(b) The department shall have the burden to establish that the factual basis for the presumption in paragraph (a) of this subsection does not exist. The department may rebut the presumption in paragraph (a) of this subsection by a showing that there is insufficient documentation to determine whether the approach road was built or rebuilt with the department’s knowledge or permission.
(3) Subsections (1) and (2) of this section apply only where there is a right of access to the state highway.
(4) For approach roads presumed to have written permission under this section, the determination of prior use for the purposes of ORS 374.312 (4) and (5) is the use of the property on January 1, 2014.
(5) Except as provided in this section, an approach road built without the department’s written permission is subject to removal or reconstruction as provided in ORS 374.307.
(6) For purposes of ORS 374.302 to 374.334, 374.335 and 374.345, the presumption of written permission of the department for an approach road is deemed to be an approach permit issued by the department under ORS 374.310. [2013 c.476 §2]
Note:
374.308 and 374.317 were added to and made a part of 374.302 to 374.334 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.309 - County permits; rules.

(1) The county court or board of county commissioners shall adopt reasonable rules and regulations and may issue permits, not inconsistent with law, for the use of the rights of way of county roads for the purposes described in ORS 374.305.
(2) Rules and regulations adopted and permits issued under subsection (1) of this section shall include provisions, terms and conditions that in the judgment of the granting authority are in the best interest of the public for the protection of the road and the traveling public and may include, but need not be limited to:
(a) Provisions for construction of culverts under approaches, requirements as to depth of fills over culverts and requirements for drainage facilities, curbs, islands and other facilities for traffic channelization as may be deemed necessary.
(b) With respect to private road crossings, additional provisions for the angle of intersection, crossing at grade or other than grade, sight distances, safety measures including flaggers, crossing signs and signals, reinforcement for protection of the road, maintenance of the crossing and for payment by the applicant of any of the costs of complying with the provisions.
(c) With respect to private road crossings, the granting authority may also require the applicant to furnish:
(A) Public liability and property damage insurance in a sum fixed by the granting authority that indemnifies the members, officers, employees and agents of the granting authority from any claim that might arise on account of the granting of the permit and the crossing of the road by vehicles operating under the permit; and
(B) Indemnity insurance, an indemnity bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 in a sum fixed by the granting authority, indemnifying the granting authority for any damage to the roads that may be caused by the use of the crossing.
(3) The powers granted by this section and ORS 374.315 may not be exercised so as to deny any property abutting the road reasonable access. In determining what is reasonable access, the county court or board of county commissioners shall apply the following criteria:
(a) The access must be sufficient to allow the authorized uses for the property identified in the acknowledged local comprehensive plan.
(b) The type, number, size and location of approaches must be adequate to serve the volume and type of traffic reasonably anticipated to enter and exit the property, based on the planned uses for the property. [2011 c.330 §8]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.313 - Claim for relief after closure of approach road; mediation; rules; appraisal.

(1) If the Department of Transportation closes an approach road for which a permit was issued under ORS 374.308 or 374.310 or that was allowed by law prior to enactment of statutory permit requirements for approach roads, or if the department denies an application for an approach road permit submitted pursuant to a grant or reservation of access contained in a contract, condemnation judgment or recorded deed, and the closure or denial is not the result of conditions contained in a contract, condemnation judgment, recorded deed or permit, a person holding an interest in the real property benefited by the access or proposed access may file a claim for relief as a contested case under ORS 183.415 to 183.500.
(2) Prior to issuing a final order in a contested case under subsection (1) of this section, the Director of Transportation may provide the opportunity for the parties to participate in mediation consistent with the applicable provisions of ORS 36.185 to 36.210. In any alternative dispute resolution proceeding, the director may authorize administrative remedies, including monetary damages or other relief, as determined by the department by rule, to address issues related to real property value, utility or use.
(3) In any proceeding under this section, any party may cause an appraisal of the subject property to be conducted. If the difference in value between a property owner’s claim and an offer of monetary compensation by the department is less than $30,000, the director shall provide a simplified procedure for resolving the claim. The cost of conducting an appraisal may be shared by the parties when a mutually acceptable appraiser can be identified. [1999 c.972 §3; 2005 c.149 §1; 2013 c.476 §6]
Note:
374.313 was added to and made a part of 374.302 to 374.334 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.314 - Traffic impact analysis; rules.

(1) Except as provided in subsection (2) of this section, the Department of Transportation may require a person applying for an approach permit under ORS 374.312 to submit a traffic impact analysis in conjunction with the application for an approach permit.
(2) The department may not require a person applying for an approach permit to submit a traffic impact analysis when:
(a) The average daily volume of trips at the property is 400 or fewer trips.
(b) The average daily volume of trips at the property is more than 400 but fewer than 1,001 trips if:
(A) The highway is a two-lane highway with fewer than 5,000 motor vehicles in annual average daily traffic;
(B) The highway is a three-lane highway with fewer than 15,000 motor vehicles in annual average daily traffic;
(C) The highway is a four-lane highway with fewer than 10,000 motor vehicles in annual average daily traffic; or
(D) The highway is a five-lane highway with fewer than 25,000 motor vehicles in annual average daily traffic.
(3) The average daily trips at a property may be determined using nationally recognized standards, as adopted by the department by rule.
(4) The number of motor vehicles in annual average daily traffic for a state highway may be determined from the most recent edition of the transportation volume tables published annually by the department. The department shall post the transportation volume tables on the department’s website. [2011 c.330 §18]
Note:
See note under 374.311.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.315 - Construction under permits; maintenance after construction.

All construction under the permits issued under ORS 374.309 and 374.310 shall be under the supervision of the granting authority and at the expense of the applicant. After completion of the construction of the particular approach road, facility, thing or appurtenance, they shall be maintained at the expense of the applicant and in accordance with the rules and regulations adopted pursuant to ORS 374.309 and 374.310. [Amended by 2011 c.330 §9]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.317 - Approach road maintenance.

An owner of real property abutting a state highway with an existing approach road that is presumed to have written permission under ORS 374.308 or that has an approach permit under ORS 374.310 is responsible for the cost and performance of maintaining the approach road, in accordance with the Department of Transportation’s requirements, from the outermost edge of the highway pavement, shoulder or curb line to the right-of-way line, and shall maintain all portions of the approach road on the owner’s property. [2013 c.476 §3]
Note:
See note under 374.308.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.320 - Removal or repair of installation on right of way at expense of applicant.

(1) Upon failure of the applicant to construct or maintain the particular approach road, facility, thing or appurtenance in accordance with the rules and regulations and the conditions of the permit, the Department of Transportation or the county governing body shall, after the expiration of 30 days following the transmittal of a written notice to the applicant, at applicant’s expense, remove all such installations from the right of way or reconstruct, repair or maintain any such installation in accordance with or as required by such rules and regulations and the conditions of such permit. This expense may be recovered from the applicant by the state or county in any court of competent jurisdiction.
(2) Notwithstanding subsection (1) of this section, if the Department of Transportation, county governing body or designated agent of the department or governing body, whichever is applicable, determines that a traffic or pedestrian hazard is created by the noncompliance which causes imminent danger of personal injury, it may:
(a) Order the construction removed, repaired or maintained to eliminate the hazard, within 24 hours after delivery of written notice to the applicant, and to the owner of the property on which the noncompliance occurred.
(b) If the hazard is not removed within the time set under paragraph (a) of this subsection, remove the hazard and recover the expenses of any removal, repair or maintenance from the applicant in any court of competent jurisdiction. [Amended by 1955 c.424 §3; 1979 c.873 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.325 - Effect of ORS 374.305 to 374.325.

Nothing in ORS 374.305 to 374.325 shall:
(1) Limit or affect any of the powers granted to, or duties imposed upon, the county courts or boards of county commissioners, the Department of Transportation or the Public Utility Commission by ORS 758.010 and 758.020, or any rights granted or authorized under those statutes.
(2) Grant any right for the construction or placing of an approach road, structure, pipeline, ditch, cable or wire, or other facility, thing or appurtenance on the right of way of any highway. [Amended by 1957 c.323 §3]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.326 - Collaboration with highway users.

(1) The Department of Transportation shall work collaboratively with highway users on all proposals to install a raised or depressed barrier on two-lane segments of state highways.
(2) As used in this section "highway users" includes representatives of the freight industry and automobile users and may include representatives of local government and other transportation stakeholders, as appropriate. [2011 c.330 §19]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.328 - Highway classification.

The Oregon Transportation Commission shall periodically review, not less often than every six years, the classification of state highways, including the designation of highway segments as expressways, as a part of its comprehensive, long-range transportation plan developed pursuant to ORS 184.617 to ensure that the classifications for the highways and designations of expressways are appropriate to their uses. [2011 c.330 §20; 2017 c.750 §30]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.329 - Agreements with cities.

(1) When it is determined by the Department of Transportation and a city that it is in the best interest of highway users to abandon a segment of the state highway, the department and the city may enter into an agreement to transfer jurisdiction and ownership of the segment of state highway to the city.
(2) In addition to funds provided to the city under ORS 366.800, the department may agree to provide funds annually to the city for the continued construction, repair, maintenance and improvement of the abandoned state highway from the State Highway Fund.
(3) The agreement between the department and the city 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 city, concludes that the restriction is necessary for the safety of the highway users. Nothing in this section prevents a city from taking emergency action to protect safety or place weight restrictions on a structure that is failing or otherwise damaged. [2011 c.330 §23]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.330 - Prior status preserved.

(1) ORS 374.305, 374.310 and 374.325, as those sections were amended by chapter 323, Oregon Laws 1957, and ORS 374.309 do not affect any approach road, structure, pipeline, ditch, cable or wire, or other facility, thing or appurtenance lawfully placed or constructed upon the right of way of any highway prior to August 20, 1957.
(2)(a) ORS 374.305 and 374.310, as those sections were amended by chapter 497, Oregon Laws 1967, and ORS 374.309 do not affect any approach road, structure, pipeline, ditch, cable or wire, or other facility, thing or appurtenance lawfully placed or constructed upon the right of way of any state highway or county road prior to September 13, 1967.
(b) Except as provided in paragraph (a) of this subsection, private road crossings authorized by the Public Utility Commission under ORS 374.205 to 374.260 (1965 Replacement Part) are subject to ORS 374.302 to 374.334 after September 13, 1967. [1957 c.323 §4; 1967 c.497 §3; 2011 c.330 §10]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.334 - Access management strategy; rules.

(1) As used in this section:
(a) "Access management strategy" means a project delivery strategy developed by the Department of Transportation, in collaboration with cities, counties and owners of real property abutting a state highway in the affected area, that identifies the location and type of public and private approaches and other necessary improvements that are planned to occur primarily in the highway right of way and that are intended to improve current conditions on the section of highway by moving in the direction of the objective standards described in ORS 374.311, subject to safety and highway operations concerns.
(b) "Project" means a highway improvement project or highway modernization project included in the Statewide Transportation Improvement Program.
(2) The Department of Transportation shall develop an access management strategy for each project. In developing an access management strategy, the department shall engage affected real property owners when:
(a) Establishing the methodology by which private approaches will be considered for modification, relocation or closure; or
(b) The department proposes to acquire all rights of access to a segment of the state highway.
(3) Within 21 days after the department finalizes the methodology by which private approaches will be considered for modification, relocation or closure, an affected real property owner may request a review of the methodology through:
(a) A collaborative discussion as established by the department by rule; or
(b) The Access Management Dispute Review Board established under ORS 374.360.
(4) If a facility plan, as defined in ORS 374.331, is created for a project, the facility plan must include a sufficient level of detail to identify the location of the private approaches affected by the project.
(5) The department shall work with the cities, counties, highway users and real property owners affected by a project to:
(a) Identify deficiencies with each highway segment impacted by a project; and
(b) Establish the long-term vision for each highway segment impacted by a project that would guide the scope and design of improvements within the highway segment.
(6) The following apply to all projects that include modification, relocation or closure of existing private approaches to a state highway:
(a) The location of intersecting county roads and city streets shall be consistent with the city and county transportation system plans or shall be determined and agreed upon through collaborative discussion between the department and the cities and counties affected by the project.
(b) The department shall determine the location of private approaches in the access management strategy in collaboration with affected real property owners using a collaborative discussion as established by the department by rule. [2013 c.476 §5]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.335 - Driving certain motor vehicles across public highway not considered operation on highway.

Where any private road crosses or is crossed by a public highway, the operation of a motor vehicle across the public highway or upon the public highway for a distance of not more than 1,200 feet in the use of the private road is not subject to ORS 811.450, 815.155, 815.160, 815.170, 818.020, 818.060, 818.090, 818.110, 818.160, 818.300, 818.320, 818.340, 818.350, 818.400 and ORS chapter 825, provided such vehicle or vehicle use is:
(1) Subject to a permit issued pursuant to ORS 374.308, 374.309 or 374.310, or such vehicle or vehicle use is authorized by the owner of the property subject to the permit; or
(2) A farm tractor or implement of husbandry. [Formerly 374.265; 1971 c.391 §1; 1983 c.338 §923; 1987 c.158 §66; 2011 c.330 §11; 2013 c.476 §7]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.340 - Cattle crossings under public road.

Any person owning, using or occupying lands on both sides of any public road is entitled to the privilege of making a crossing under the road for the purpose of letting the person’s cattle and other domestic animals cross the road. A crossing may be installed as provided under ORS 374.302 to 374.334. [Formerly 374.270; 1981 c.153 §74]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.345 - Rules regarding turning onto state highway from approach road.

The Department of Transportation shall adopt rules regulating the procedures and circumstances under which the department may restrict turning movements onto a state highway from an approach road for which a permit was issued under ORS 374.308 or 374.310 when the restriction is not required by contract, condemnation judgment, recorded deed or permit. [1999 c.972 §4; 2013 c.476 §8]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.355 - Dispute resolution procedures; rules.

There is created a set of dispute resolution procedures governing an appeal of the Department of Transportation’s decision regarding an approach permit or the removal or modification of an approach. The procedures described in this section include but are not necessarily limited to notice, guarantee of an impartial tribunal, burden of proof and admission and weight of evidence, as follows:
(1) Decisions by the department to deny an application, to deny a deviation or to approve an application with mitigation measures are appealable by the applicant or permit holder. An applicant or permit holder may request a hearing. A hearing conducted under this subsection shall be conducted as a contested case hearing in accordance with ORS chapter 183.
(2) In addition to requesting a hearing under subsection (1) of this section, an applicant or permit holder may request the following dispute resolution procedures to resolve issues relating to the department’s decision:
(a) Collaborative discussion, as established by the department by rule;
(b) Review by an Access Management Dispute Review Board established under ORS 374.360; or
(c) Both.
(3) The time required for a collaborative discussion or review by an Access Management Dispute Review Board process is in addition to the 120 days required for the department’s final decision under ORS 374.312.
(4)(a) The department shall conduct a collaborative discussion within 45 days of the date the department receives a request from an applicant or permit holder for collaborative discussion unless the applicant or permit holder and the department agree to a longer amount of time.
(b) The department shall conduct a review by an Access Management Dispute Review Board within 45 days of the date the department receives a request for a review by an Access Management Dispute Review Board from an applicant or permit holder unless the applicant or permit holder and the department agree to a longer amount of time.
(5) A request for a dispute resolution procedure shall stay the time in which the department must issue a final decision for a concurrent contested case hearing.
(6) If an agreement between the parties is reached using collaborative discussion, the Director of Transportation shall issue the written decision. The written decision is a binding agreement for the department and for the applicant or permit holder.
(7) The decision pursuant to the collaborative discussion or the Access Management Dispute Review Board to approve, modify or reverse the department’s decision to approve an application for an approach permit with conditions, to modify or require mitigation measures of an existing approach permit, to deny an approach permit or to remove or modify an approach is a settlement offer and is not a decision that may be appealed.
(8) The department may adopt rules for the dispute resolution procedures described under this section. [2011 c.330 §14]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.360 - Access Management Dispute Review Board.

(1) If the applicant or permit holder of an approach permit requests a review by an Access Management Dispute Review Board under ORS 374.355, the Department of Transportation shall appoint an Access Management Dispute Review Board by selecting members for a board consisting of any or all of following:
(a) The Director of Transportation or a designee of the director who is familiar with the location in which the disputed approach is located.
(b) A representative of the local jurisdiction in which the disputed approach is located.
(c) A traffic engineer who practices engineering in Oregon.
(d) A representative from the economic or business sector.
(2) The Access Management Dispute Review Board shall consider information presented by the parties and shall notify the applicant or permit holder and the director of its findings regarding the department’s original decision.
(3) The director shall review the Access Management Dispute Review Board’s findings and may approve, modify or reverse the department’s original decision to approve an application for an approach permit with conditions, to modify or require mitigation measures for an existing approach permit, to deny the approach permit or to remove or modify an approach.
(4) The director shall notify the applicant or permit holder in writing of the department’s determination following a review by an Access Management Dispute Review Board appointed under this section. [2011 c.330 §15]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.405 - Access rights of property abutting on state highways.

No rights in or to any state highway, including what is known as right of access, shall accrue to any real property abutting upon any portion of any state highway constructed, relocated or reconstructed after May 12, 1951, upon right of way, no part of the width of which was acquired prior to May 12, 1951, for public use as a highway, by reason of the real property abutting upon the state highway.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.410 - Department of Transportation to prescribe access rights of abutting property.

In connection with any acquisition of real property for right of way of any state highway, the Department of Transportation shall prescribe and define the location, width, nature and extent of any right of access that may be permitted by the department to pertain to real property described in ORS 374.405.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.415 - Action to prevent entering or leaving state highways in manner not authorized.

The Department of Transportation may commence and prosecute to final determination any suit, action or proceeding in the name of the state by and through the department, which in its judgment is necessary to enjoin and prevent any person, whether acting individually or by agent, from entering upon or departing from any state highway mentioned in ORS 374.405, at any location, for any use or in any manner not authorized by any grant of a right of access, as provided in ORS 374.410.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.420 - County throughways; rights of abutting property owners.

(1) The county court or board of county commissioners may acquire by purchase, agreement, donation or exercise of the power of eminent domain, fee title or any interest in real property, including easements of air, view, light and access, which is necessary for the construction of a throughway or the establishment of a section of an existing county road as a throughway.
(2) When right of way is acquired for a throughway after August 13, 1965, no rights in or to the throughway, including what is known as right of access, accrue to real property merely because the property abuts upon that part of the right of way so acquired. This subsection also applies to right of way acquired, prior to August 13, 1965, pursuant to ORS 374.420 to 374.430 (1963 Replacement Parts).
(3) "Throughway," as used in this section, means a proposed or existing county road especially designed for through traffic, which has been designated by resolution of the county court or board of county commissioners as a throughway, 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, merely because of the fact that their property abuts upon the throughway or for any other reason. [Amended by 1965 c.364 §1]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.425 - County court to prescribe access rights of abutting property.

In connection with the acquisition of real property for right of way for a throughway described in ORS 374.420, the county court or board of county commissioners may prescribe the location, width, nature and extent of any right of access that pertains to such real property. [Amended by 1965 c.364 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.430 - Action to prevent entering or leaving county roads in unauthorized manner.

The county court or board of county commissioners may commence and prosecute to final determination any suit, action or proceeding which in its judgment is necessary to enjoin and prevent any person, whether acting individually or by agent, from entering upon or departing from any throughway under its jurisdiction, mentioned in ORS 374.420, at any location, for any use or in any manner not authorized by any grant of a right of access, as provided in ORS 374.425. [Amended by 1965 c.364 §3]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 374 - Control of Access to Public Highways › Section 374.990 - Penalty for violation of ORS 374.305 or rule adopted under ORS 374.309 or 374.310.

In addition to the liability for expenses under ORS 374.307 and 374.320, violation of ORS 374.305 or of any rule or regulation adopted under ORS 374.309 or 374.310 is a misdemeanor. [1955 c.424 §6; 2011 c.330 §12]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls › Section 376.150 - Definitions for ORS 376.150 to 376.200.

As used in ORS 376.150 to 376.200:
(1) "Public road" means the entire right of way of any road over which the public has the right of use or any right of way held by the state or a political subdivision of the state for road purposes that is not open for public use.
(2) "Way of necessity" means:
(a) A road established under ORS 376.150 to 376.200 to provide motor vehicle access from a public road to land that would otherwise have no motor vehicle access;
(b) A route established under ORS 376.150 to 376.200 to provide utility service access from an existing service location to a service point that would otherwise have no utility service access; or
(c) A route established under ORS 376.150 to 376.200 to provide a continuation of preexisting sewer service to land that has access to a public road. [1979 c.862 §1; 1989 c.674 §1; 2009 c.318 §1]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls › Section 376.155 - Petition to establish way of necessity; contents; requirements.

(1) To establish a way of necessity under ORS 376.150 to 376.200, a landowner shall file a petition with the governing body of the county in which the land is located.
(2) A petition filed under this section shall contain a drawing and a narrative statement that contain all of the following information:
(a) The location and legal description of the property to be served by the proposed way of necessity.
(b) The location of all public roads located in the vicinity of the property to be served by the proposed way of necessity that are capable of being used to provide access to the property. The petition shall include the location of public roads that are not open for public use.
(c) A specific proposed location for the proposed way of necessity.
(d) Evidence showing the necessity for the establishment of a way of necessity.
(e) Evidence that either:
(A) The proposed way of necessity does not connect to a public road that has access rights acquired and limited by the state or county; or
(B) If the public road proposed for access by way of necessity has the limited access rights, the state or county is willing to grant permission to connect the proposed way of necessity to the public road.
(f) Evidence that the proposed way of necessity may be connected to the public road safely.
(g) Evidence that the specific location proposed for the way of necessity is the nearest practicable point for connection to a way of necessity to a public road.
(h) The names and addresses of the persons owning the land across which the way of necessity could be located.
(i) The petitioner’s proposal for the amount of compensation to persons owning land across which the way of necessity is proposed to be located.
(j) Evidence that the petitioner does not have an existing easement or right to an easement to provide access to a public road.
(k) Evidence that the petitioner does not have any enforceable access to a public road.
(L) If the petition is to establish a way of necessity described in ORS 376.150 (2)(c), evidence that:
(A) A publicly owned sewer line does not exist in the portion of any public road adjacent to the land; and
(B) The land is located in a jurisdiction that has adopted and implemented a public sewer extension program designed to make public sewers available to land lacking access to a public sewer line in the portion of a public road adjacent to the land. [1979 c.862 §2; 1991 c.936 §2; 2009 c.318 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls › Section 376.157 - Continuation of preexisting sewer service.

(1) A way of necessity that provides a continuation of preexisting sewer service to land that has access to a public road:
(a) Terminates six months after a local government, as defined in ORS 174.116, having jurisdiction over the affected land issues a notice to affected property owners declaring the completion of a public sewer line that provides direct access to the land.
(b) May not be approved in circumstances where the abandonment of an existing private sewer line connection is necessitated by permitted development or redevelopment.
(2) Compensation paid by the owner of the benefited land to the owner of the land burdened by the way of necessity must reflect the temporary duration of ways of necessity approved under ORS 376.175. [2009 c.318 §4]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls › Section 376.160 - Notice to landowners; investigation of proposed way; report to county governing body.

(1) Upon receipt of a petition for a way of necessity filed under ORS 376.155, a county governing body shall:
(a) Provide for service of the petition on all persons owning land across which the way of necessity could be located; and
(b) Direct the county engineer, county surveyor or other persons appointed by the governing body to investigate the proposed way of necessity and to submit a written report to the county governing body.
(2) The report under subsection (1) of this section shall include:
(a) Possible alternate routes for ways of necessity to the property;
(b) A determination of whether the proposed way of necessity meets the requirements under ORS 376.150 to 376.200;
(c) The reasonableness of the way of necessity proposed in the petition; and
(d) A recommendation for a specific location and width for a way of necessity.
(3) Upon receipt of the report under subsection (2) of this section, the county governing body shall:
(a) Provide a copy of the report to the petitioner; and
(b) Serve a copy of the petition and report on all persons owning land across which the way of necessity is proposed to be located under the report or the petition.
(4) Service of the petition and report under this section shall be accomplished in the manner provided for service of summons in an action at law. If the report includes a recommendation for a route different than the route proposed in the petition, service on the affected parties shall include a copy of the petition. [1979 c.862 §3]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls › Section 376.165 - Deposit to cover county expenses.

Upon receipt of a petition for a way of necessity filed under ORS 376.155, a county governing body may require the petitioner to deposit with the county an amount of money or other security to use for payment of county expenses incurred in the procedure for establishing the way of necessity or to assure that the expenses will be paid. If a deposit of money is required by the governing body, the deposit may be used to pay expenses and shall be deducted from the expenses ordered to be paid under ORS 376.175. [1979 c.862 §3a]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls › Section 376.170 - Filing of answer by landowner; reply to answer by petitioner.

(1) Any person owning land across which a way of necessity is proposed to be established under ORS 376.150 to 376.200 may file an answer controverting any matter in the petition or report and alleging any new matter relevant to the proceedings. An answer filed under this subsection must be filed within 30 days after receipt of service of the petition and report. An answer shall be filed with the county governing body. The county governing body shall provide for service of the answer upon the petitioner in the manner provided for service of summons in an action at law.
(2) If an answer is filed under this section, the petitioner may file a reply controverting any matter presented in the answer. A reply filed under this section must be filed within 10 days after receipt of service of the answer by the petitioner. A reply shall be filed with the county governing body. The county governing body shall provide for service of the reply upon the person filing the answer in the manner provided for service of summons in an action at law. [1979 c.862 §4]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls › Section 376.175 - Order granting or denying way of necessity; contents; liability for costs; appeal.

(1) Upon consideration of the matters and issues presented under ORS 376.150 to 376.200, the county governing body shall determine whether or not a need has been demonstrated for the granting of a way of necessity under ORS 376.150 to 376.200 and shall enter an order granting or denying the way of necessity.
(2) Any order entered under this section shall:
(a) State whether the way of necessity is granted or denied;
(b) Declare as established any way of necessity that is granted;
(c) Describe the exact location and width of any way of necessity established;
(d) Describe those uses that are permitted on any way of necessity established;
(e) Direct the petitioner to pay costs and reasonable attorney fees incurred by each owner of land whose land was subject to the petitioner’s action for a way of necessity under ORS 376.150 to 376.200;
(f) Establish the amount of compensation due to any owner of land across which any way of necessity has been established and direct the petitioner to pay the compensation; and
(g) Establish the costs incurred by the county in the procedures for the way of necessity under ORS 376.150 to 376.200 and direct the petitioner to reimburse the county for those costs not already paid by petitioner.
(3) An order entered under subsections (1) and (2) of this section to provide for utility service, as set forth in ORS 376.150 (2)(b), shall conform to affected utility policy and standards.
(4) A petitioner shall pay any costs the petitioner is directed to pay under an order issued under this section within 60 days after entry of the order. The petitioner is liable for any costs not paid within the time established in this subsection. If more than one landowner joins in a petition for a way of necessity under ORS 376.155, every petitioner granted use of the way of necessity shall be jointly and severally liable for any costs ordered to be paid.
(5) Any party to the action for a way of necessity may contest any part of the order of the county governing body in an appeal filed with the circuit court within 30 days after entry of the order of the county governing body. [1979 c.862 §5; 1989 c.674 §2; 1991 c.936 §3]