Chapter 366 — Chapter 366

ORS 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

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ORS 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

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ORS 366.315 Widths of rights of way. The Department of Transportation may determine the widths of rights of way for all state highways

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ORS 366.317 [1975 c.414 §1; repealed by 2015 c.138 §10]

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ORS 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

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ORS 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

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ORS 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]

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ORS 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

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ORS 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

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ORS 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

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ORS 366.332 Definitions for ORS 366.332 and 366.333. As used in this section and ORS 366.333

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ORS 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

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ORS 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

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ORS 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]

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ORS 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

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ORS 366.345 [Amended by 1957 c.392 §1; 1963 c.601 §2; renumbered 390.110]

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ORS 366.350 [Amended by 1959 c.611 §3; 1963 c.601 §3; renumbered 390.160]

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ORS 366.355 [Renumbered 390.210]

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ORS 366.360 Taking fee simple title. In all cases where title to real property is acquired by the Department of Transportation either by donation, agreement or exercise of the power of eminent domain, a title in fee simple may be taken

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ORS 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

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ORS 366.366 Removal of trees. Notwithstanding any city, county or other local government charter or ordinance, the Department of Transportation may cut down or remove trees located within a state highway right of way without first obtaining a permit. [2012 c.56 §2]

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ORS 366.370 [Repealed by 1971 c.741 §38]

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ORS 366.375 [Repealed by 1971 c.741 §38]

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ORS 366.380 [Amended by 1957 c.656 §1; 1959 c.339 §1; 1967 c.479 §7; repealed by 1971 c.741 §38]

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ORS 366.385 [Repealed by 1967 c.479 §8]

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ORS 366.390 [Repealed by 1971 c.741 §38]

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ORS 366.392 [1953 c.621 §1; subsection (2) enacted as 1961 c.404 §1; 1967 c.454 §36; repealed by 1971 c.741 §38]

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ORS 366.393 [1953 c.621 §2; subsection (2) enacted as 1961 c.404 §2; repealed by 1971 c.741 §38]

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ORS 366.394 [1967 c.479 §10; repealed by 1971 c.741 §38]

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ORS 366.395 Disposition or leasing of property; sale of forest products. (1) The Department of Transportation may sell, lease, exchange or otherwise dispose or permit use of real or personal property, including equipment and materials acquired by the department, title to which real or other property may have been taken either in the name of the department, or in the name of the state, and which real or personal property is, in the opinion of the department, no longer needed, required or useful for department purposes, except that real property may be leased when, in the opinion of the department, such real property will not be needed, required or useful for department purposes during the leasing period. The department may exchange property as provided in subsection (3) of this section regardless of whether the property is needed by, required by or useful to the department if, in the judgment of the department, doing so will best serve the interests of the state

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ORS 366.400 Execution of contracts. The Department of Transportation may enter into all contracts deemed necessary for the construction, maintenance, operation, improvement or betterment of highways or for the accomplishment of the purposes of this Act. All contracts executed by the department shall be made in the name of the state, by and through the department. [Amended by 1953 c.252 §2; 1975 c.771 §24]

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ORS 366.405 [Amended by 1953 c.252 §2; repealed by 1975 c.771 §33]

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ORS 366.410 [Repealed by 1975 c.771 §33]

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ORS 366.415 [Amended by 1967 c.454 §37; 1969 c.423 §2; repealed by 1975 c.771 §33]

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ORS 366.420 [Repealed by 1975 c.771 §33]

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ORS 366.425 Deposit of moneys for highway work. (1) Any county, city or road district of the state or any person, firm or corporation may deposit moneys in the State Treasury or may deposit with the Department of Transportation an irrevocable letter of credit approved by the department for laying out, surveying, locating, grading, surfacing, repairing or doing other work upon any public highway within the state under the direction of the department. When any money or a letter of credit is deposited with the department under this subsection, the department shall proceed with the proposed highway project

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ORS 366.430 [Amended by 1953 c.252 §2; repealed by 1969 c.429 §6]

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ORS 366.435 Auditing and allowing claims. The Department of Transportation may allow all claims legally payable out of the highway fund. The department shall, if satisfied as to the correctness and validity of a claim, indorse approval thereon. When claims have been approved and indorsed by the fiscal officer of the department, they shall be filed with the fiscal officer of the department, who shall audit and pay the same out of the highway fund. [Amended by 1953 c.252 §2; 1967 c.454 §39]

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ORS 366.440 [Repealed by 2015 c.138 §11]

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ORS 366.445 Repair of damaged highways. The Department of Transportation may repair or cause to be repaired at once any state highway which has been damaged by slides, flood or other catastrophe so that the highway may be immediately reopened to traffic. To accomplish the reopening of the highway the department may, if it is deemed for the best interests of the state, proceed at once to remove the slide or to repair the damage with the department’s own forces, or with other available forces. The department may cause such work to be done by contract without calling for competitive bids

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ORS 366.450 Road signs. The Department of Transportation may erect and maintain such directional road and other signs on the state highways at such places and of such material and design as it selects. [Amended by 1957 c.663 §1]

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ORS 366.455 Removing unlawful signs and structures. The Department of Transportation may take down and remove from the right of way of any state highway any sign or other structure or thing erected or maintained thereon contrary to law. When removing a sign or other structure or thing the department shall follow and comply with the legal or statutory procedure provided by law. [Amended by 2007 c.199 §23]

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ORS 366.460 Construction of sidewalks within highway right of way. The Department of Transportation may construct and maintain within the right of way of any state highway or section thereof sidewalks, footpaths, bicycle paths or trails for horseback riding or to facilitate the driving of livestock. Before the construction of any of such facilities the department must find and declare that the construction thereof is necessary in the public interest and will contribute to the safety of pedestrians, the motoring public or persons using the highway. Such facilities shall be constructed to permit reasonable ingress and egress to abutting property lawfully entitled to such rights

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ORS 366.462 Construction of fences on freeway overpasses. (1) The Department of Transportation shall construct fences on all freeway overpasses that are built on and after November 4, 1993. The fences shall be designed to deter persons from throwing objects from the overpasses onto the freeways

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ORS 366.465 Gates and stock guards. The Department of Transportation may erect and maintain gates and stock or cattle guards in state highways at such points where the highways are crossed by drift or stock fences, where such highways intersect state or government-owned highways or other public highways and at other places in the state highways as the department may deem for the best interests of the public. The department may issue permits for the erection and maintenance of the same. Any gates constructed under this section must be constructed and maintained upon the right of way and not upon the traveled portion of the highway. If gates or stock guards are constructed under this section pursuant to a permit issued by the department, then the permit may contain such conditions, obligations and requirements as the department may deem for the best interests of the general public

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ORS 366.470 Agreements with railroad companies for snow removal. (1) The Department of Transportation may enter into agreements with a railroad company for the removal of snow from highway and railroad whenever a state highway is in close proximity to a railroad track and by reason thereof and in order to remove from the highway snow and ice which has blocked or threatens to block the highway to traffic it becomes necessary to cast such snow and ice upon the railroad tracks, thereby impairing or interfering with train movement and tending to block train operations. The agreement may be made during or in anticipation of any such contingency, shall be in writing and shall fix the terms and conditions under which and the extent to and manner in which the state may, in removing the snow and ice from the highway, cast it upon the railroad tracks

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ORS 366.475 [Amended by 1979 c.104 §1; repealed by 1983 c.324 §59]

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ORS 366.480 Destruction of vouchers. The Department of Transportation may from time to time destroy copies of vouchers which have ceased to possess any record value or serve any purpose and which have been in the files and custody of the department for a period of at least 10 years

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ORS 366.483 Transfer of jurisdiction of certain highways. (1) In accordance with ORS 374.329, the Department of Transportation shall transfer jurisdiction of the following state highways to the following cities

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ORS 366.485 [Repealed by 1975 c.605 §33]

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