2007 ORS § 374.313¹
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 374.310 (Rules and regulations) 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 (Notice of right to hearing) to 183.500 (Appeals).
(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 (Referral of civil dispute to mediation) to 36.210 (Liability of mediators and programs). 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]
Note: 374.313 (Claim for relief after closure of approach road) was added to and made a part of 374.305 (Necessity of permission to build on rights of way) to 374.330 (Prior status preserved) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.