6 chapters · 513 sections in this title.
ORS 772.010 Right of entry for survey of proposed right of way; notice required
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(1) A corporation organized for the construction of a railway, sewer or canal or of any ditch or flume for the conducting of water for irrigation or domestic purposes, or for the purpose of selling water to the public for general purposes for public use, or for conducting potable…
ORS 772.015 Condemnation of lands for rights of way and necessary facilities
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Any corporation mentioned in ORS 772.010 may condemn so much land as may be necessary for the lines of such railway, sewer, canal, ditch, flume or pipeline, not exceeding 100 feet in width, besides a sufficient quantity of land for toolhouses, workshops, materials for constructio…
ORS 772.020 Condemnation of additional land for railway purposes
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(1) Any railway corporation mentioned in ORS 772.010 may condemn a sufficient quantity of land in addition to that specified in ORS 772.015, for necessary sidetracks, spur tracks and laterals reasonably necessary for manufacturing establishments, also for depot and water stations…
ORS 772.025 Approval of railroad crossing, intersection or connection
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(1) Whenever any railroad corporation, authorized by ORS 772.020 to condemn the right to cross or connect with any other right of way or constructed line of railroad, is unable to agree with the owner of the line which it desires to cross, it may apply to the Department of Transp…
ORS 772.030 Condemnation of right of way through canyon or pass for joint use by railroads
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(1) Any railroad company whose right of way passes through any canyon, pass or defile shall not prevent any other railroad company from the use and occupancy of said canyon, pass or defile for the purpose of its railroad in common with the railroad first located. (2) Any railroad…
ORS 772.035 Acquisition of water rights by corporations for canal, irrigation, domestic or stock purposes
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Any corporation organized in whole or in part for the construction of a canal for navigating or manufacturing purposes or of any ditch or flume for the purpose of conveying water for irrigating, domestic or stock purposes may condemn such waterways, water rights or privileges, or…
ORS 772.040 Condemnation rights of pipe corporations
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Except in cities, any corporation organized for conducting water by means of pipe laid upon or under the surface of the ground may, so far as may be necessary for the laying and keeping in repair its water pipes, condemn the use of so much land as may be necessary, and may make w…
ORS 772.045 Right to cut timber and build aqueducts
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Any railway corporation mentioned in ORS 772.010 may cut down any standing timber in danger of falling upon its line or railway, making compensation therefor as provided in ORS 772.055 for lands taken for the use of the corporation. [Amended by 1971 c.655 §235]
ORS 772.050 Condemnation of riparian rights and for reservoirs
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Any corporation mentioned in ORS 772.010 may also condemn: (1) The rights of riparian proprietors in any lake or stream, to enable such corporation to develop, manufacture or furnish electrical energy for the operation of any railway in this state. (2) Lands for the sites of rese…
ORS 772.055 Condemnation procedure
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No condemnation of private property shall be made under ORS 772.010 to 772.020 or 772.030 to 772.050 until compensation is made to the owner thereof, irrespective of any increased value thereof by reason of the proposed improvement by such corporation, in the manner provided in O…
ORS 772.060 Condemnation rights for change of grade or location of railway, canal or pipes
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Any corporation may change the grade or location of its railway, canal or pipes for the purpose of avoiding annoyances to public travel or dangerous or deficient curves or grades, or unsafe or unsubstantial grounds or foundation, or for other like reasonable causes. For the accom…
ORS 772.065 Appropriation of county road or property in lieu thereof by agreement with county court
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(1) Whenever it is necessary for any corporation mentioned in ORS 772.010 to appropriate all or part of any county road or highway for right of way, the corporation may appropriate so much of the road as may be necessary, and in lieu thereof may condemn or otherwise acquire prope…
ORS 772.070 Procedure on dispute between county and corporation
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(1) If the county court or board of county commissioners and corporation cannot agree upon the matters of appropriation under ORS 772.065, the dispute shall be referred to the Public Utility Commission. (2) The commission, after notice and hearing, shall by order determine the te…
ORS 772.105 Authority to appropriate
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(1) When it is necessary or convenient in the location of any railway to appropriate any part of any public road, street, alley or public grounds not within the corporate limits of a municipal corporation, the county court of the county wherein such road, street, alley or public …
ORS 772.205 Definitions for ORS 772.210 and 772.215
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As used in ORS 772.210 and 772.215, unless the context requires otherwise: (1) Electrical cooperative association means a cooperative association which is subject to a tax on gross revenue derived from the use or operation of transmission and distribution lines pursuant to ORS …
ORS 772.210 Right of entry and condemnation of lands for construction of service facilities
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(1) Any public utility, electrical cooperative association or transmission company may: (a) Enter upon lands within this state in the manner provided by ORS 35.220 for the purpose of examining, locating and surveying the line thereof and also other lands necessary and convenient …
ORS 772.215 Appropriation of public lands
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When it is necessary or convenient, in the location of any poles or lines mentioned in ORS 772.210, to appropriate any part of any public road, street, alley or public grounds not within the corporate limits of any municipal corporation, the county court or board of county commis…
ORS 772.305 Condemnation of right of way for drainage or irrigation
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(1) The United States, the state, or any person, firm, cooperative, association or corporation, shall have the right of way across and upon public, private and corporate lands or other rights of way, for the construction, maintenance, repair and use of all necessary reservoirs, d…
ORS 772.310 Right to enlarge existing irrigation system
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(1) When the United States, the state, or any person, firm or corporation desires to convey water for irrigation, drainage or for any other beneficial purpose, and there is a canal or ditch already constructed that can be enlarged to convey the required quantity of water, then th…
ORS 772.405 Condemnation by corporations for reduction of ores
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(1) Every corporation organized for the construction and operation of mills, smelters and other works for the reduction of ores authorized to do business within the state may condemn lands and property for the discharge and natural distribution of smoke, fumes and dust from such …
ORS 772.410 Right of entry and condemnation by mining, quarrying and lumber corporations
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Any corporation organized for the purpose of opening or operating any gold, silver, or copper vein or lode, or any coal or other mine, or any marble, stone or other quarry, or for cutting or transporting timber, lumber, or cordwood, or for the manufacture of lumber: (1) May const…
ORS 772.415 Public benefit and use of facilities constructed under ORS 772.410
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(1) Railroads, skid roads, tramways, chutes, pipelines or flumes constructed under ORS 772.410 shall be deemed to be for public benefit. (2) Such railroad shall afford to all persons equal facilities for the transportation of freight upon payment or tender of reasonable compensat…
ORS 772.420 Condemnation for transportation of minerals; conditions of reversion
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(1) Any person requiring land for a right of way for the transportation of the products of mines located in this state may acquire such land for such purposes in the manner and subject to the rights, privileges and liabilities under ORS 376.505 to 376.540. (2) Lands acquired unde…
ORS 772.505 Definitions for ORS 772.505 to 772.520
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As used in ORS 772.505 to 772.520, unless the context otherwise requires: (1) Pipeline includes pipes, lines, natural gas mains or lines and their appurtenances, including but not limited to pumps and pumping stations, used in transporting or distributing fluids, including petr…
ORS 772.510 Right of entry and condemnation by pipeline companies
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(1) Any pipeline company that is a common carrier and that is regulated as to its rates or practices by the United States or any agency thereof, may enter in the manner provided by ORS 35.220 upon lands within this state outside the boundaries of incorporated cities. (2) This rig…
ORS 772.515 Regulation concerning location of facilities
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(1) Whenever such pipelines are laid along a public road, they shall be placed as closely as practicable to the extreme outside edge of the right of way of such road. (2) With the exception of pumping, compressor, regulator or meter station buildings, no pipes or pipelines shall …
ORS 772.520 Resolution showing route and termini of pipeline
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(1) Prior to the filing of any condemnation action under ORS 772.510, the pipeline company shall adopt a resolution showing the approximate route and termini of the proposed pipeline, or the extension or branch of any existing pipeline. (2) A copy of this resolution, certified by…
ORS 772.610 Definitions for ORS 772.610 to 772.625
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As used in ORS 772.610 to 772.625, unless the context otherwise requires: (1) Natural gas company means every corporation, company, association, joint stock association, partnership or person authorized to do business in this state and engaged in the transportation, distributio…
ORS 772.615 Condemnation for underground reservoirs; applicability of ORS chapter 35
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Any natural gas company may condemn for its use for the underground reservoir, as well as other property or interests in property which may be necessary to adequately maintain and utilize the underground reservoir for the underground storage of natural gas, including easements an…
ORS 772.620 Placement of pipeline facilities
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(1) Whenever a pipeline or appurtenance used in conjunction with the underground storage of natural gas in an underground reservoir is laid along a public road, it shall be placed as closely as practicable to the extreme outside edge of the right of way of the road. (2) Such pipe…
ORS 772.625 Resolution showing proposed route and termini of pipeline
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(1) Prior to the filing of any condemnation action under ORS 772.615, the natural gas company shall adopt a resolution showing the approximate route and termini of any proposed pipeline, or the extension or branch of any existing pipeline, to be used in conjunction with the under…