ORS 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]

Source: Section 366.300 — Treatment of sections eliminated when highway relocated, https://www.­oregonlegislature.­gov/bills_laws/ors/ors366.­html.

Notes of Decisions

Where this section provides procedure for abandonment of sections of state highway eliminated upon relocation or realignment of highway, that procedure is the exclusive means by which a state highway may be abandoned. Poe v. Department of Transportation, 42 Or App 493, 600 P2d 300 (1979), Sup Ct review denied

Attorney General Opinions

Disposition of highway right-of-way no longer needed for highway purposes, (1977) Vol 38, p 890

366.005
Definitions
366.010
“County court” and “road” or “highway” defined
366.112
Bicycle lane and path advisory committee
366.155
Duties and powers of department regarding highways
366.157
Program for prevention and cleanup of litter and vandalism
366.158
Adopt-a-Highway Program
366.159
Vegetation control permit
366.161
Prevention of wildlife-vehicle collisions
366.162
Temporary coordination of efforts to prevent wildlife-vehicle collisions
366.165
Revolving fund
366.205
Power and authority of commission over highways
366.207
Statewide winter maintenance strategy and policy
366.210
Limit on administration and engineering expenditure
366.212
Freight Advisory Committee
366.215
Creation of state highways
366.220
Creation of state highway system
366.285
Location of highways when in doubt
366.290
Adding to or removing roads from state highway system
366.292
Consideration of tolling prior to doing modernization project
366.295
Relocation of highways
366.297
Environmental performance standards
366.300
Treatment of sections eliminated when highway relocated
366.305
Materials, supplies and equipment
366.310
Buildings and structures
366.315
Widths of rights of way
366.320
Acquisition of rights of way and right of access
366.321
Expense of relocating municipal facilities payable by department
366.323
Studies to aid in relocating persons displaced by highway acquisition
366.324
Financial assistance to persons displaced by highway acquisition
366.325
Rights of way through cemeteries
366.330
Acquisition of land adjoining right of way
366.332
Definitions for ORS 366.332 and 366.333
366.333
Acquisition of utility real property
366.335
Acquisition of railroad right of way
366.337
Exchange of certain parcels of land authorized
366.340
Acquisition of real property generally
366.360
Taking fee simple title
366.365
Going upon private property
366.366
Removal of trees
366.395
Disposition or leasing of property
366.400
Execution of contracts
366.425
Deposit of moneys for highway work
366.435
Auditing and allowing claims
366.445
Repair of damaged highways
366.450
Road signs
366.455
Removing unlawful signs and structures
366.460
Construction of sidewalks within highway right of way
366.462
Construction of fences on freeway overpasses
366.465
Gates and stock guards
366.470
Agreements with railroad companies for snow removal
366.480
Destruction of vouchers
366.483
Transfer of jurisdiction of certain highways
366.486
Construction of roadside rest area facilities for persons with disabilities
366.487
Use of roadside rest area rest rooms by persons with disabilities
366.490
Coffee and cookies at roadside rest areas
366.493
Rules regarding health and safety
366.505
Composition and use of highway fund
366.506
Highway cost allocation study
366.507
Modernization program
366.508
Legislative findings
366.510
Turning over highway funds to State Treasurer
366.512
Collection of certain registration fees for State Parks and Recreation Department Fund
366.514
Use of highway fund for footpaths and bicycle trails
366.516
Incurring obligations payable from anticipated revenues
366.517
Department may determine certain accounting procedures
366.518
Expenditures from highway fund to be reported, budgeted and limited to amounts budgeted
366.520
Expenses in legalizing state highways
366.522
Appropriations from highway fund for legislative interim committees
366.523
Transportation Project Account
366.550
“Historic Columbia River Highway” defined
366.551
Policy
366.552
Historic road program for Historic Columbia River Highway
366.553
Advisory committee
366.556
Acceptance of provisions of Acts of Congress
366.558
Contracting with and submitting programs to federal government
366.560
Pledge of state to match federal funds
366.562
Use of highway fund to match federal moneys
366.564
Borrowing to match federal moneys
366.566
Meeting requirements of federal aid statutes
366.568
Using highway funds to comply with federal aid statutes
366.570
Payments under cooperative agreement with federal government
366.572
State highway agreements with local governments
366.574
Intergovernmental road maintenance agreement
366.576
Road, highway or street agreements with local governments
366.578
Farm-to-market roads
366.739
Allocation of moneys to counties and cities generally
366.742
Repayment of specified bonds
366.744
Allocation of moneys from specified increases in title and registration fees and in truck taxes and fees
366.747
Allocation of moneys from specified increases in fees
366.749
Allocation of moneys resulting from increase in numbers of vehicle registrations, titles and trip permits due to specified actions by vehicle dealers and persons engaged in towing
366.752
Allocation of moneys from specified increases in fees
366.762
Appropriation from highway fund for counties
366.764
Basis of allocation of appropriation to counties
366.766
Remitting appropriation to counties
366.768
Advances from highway fund to county
366.772
Allocation of moneys to certain counties
366.774
Authorized use of allocation to counties
366.785
Definitions for ORS 366.785 to 366.820
366.790
Authorized use of appropriation to cities
366.800
Appropriation from highway fund for cities
366.805
Allocation of appropriation to cities
366.810
Payment of appropriation to cities
366.815
City to establish state tax street fund
366.820
Limit to application of ORS 366.785 to 366.815
366.903
Legislative findings
366.905
“Old Oregon Trail” designation
366.906
Oregon City designated end of Oregon Trail
366.907
Findings and declarations concerning Highway 101
366.910
End of Lewis and Clark Trail
366.916
Vietnam Veterans Memorial Highway
366.917
World War II Veterans Historic Highway
366.918
Police Chief Ralph Painter Memorial Highway
366.919
Officer Chris Kilcullen Memorial Highway
366.921
Wilbur C. Moore Bridge
366.922
Warm Springs Veterans Memorial Highway
366.923
William Tebeau Memorial Highway
366.924
Veterans memorial highways
366.925
Don Kendall Memorial Highway
366.930
Roadside memorial signs
366.931
Roadside memorial signs
366.932
Roadside Memorial Fund
366.934
Roadside memorial sign
366.936
Oregon Medal of Honor Highway
366.937
Memorial markers for recipients of Medal of Honor
366.940
Roadside memorial signs
366.991
Penalty for violation of rules adopted under ORS 366.493
Green check means up to date. Up to date