2011 ORS § 836.050¹
Condemnation of railroad or public utility property

(1) No operating property of any public utility, as defined in ORS 757.005 (Definitions), or any telecommunications carrier as defined in ORS 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739), shall be condemned pursuant to ORS 836.025 (Establishment of airports and air navigation facilities by department) and 836.045 (Condemnation by department) unless the Public Utility Commission, after notice and hearing in accordance with the rules of procedure of the commission, has found that public convenience and necessity require such condemnation. All administrative expenses incurred in any such hearing shall be paid by the party not prevailing therein.

(2) No operating property of any railroad, as defined in ORS 824.200 (Definitions for ORS 824.200 to 824.256), shall be condemned pursuant to ORS 836.025 (Establishment of airports and air navigation facilities by department) and 836.045 (Condemnation by department) unless the Oregon Department of Aviation, after notice and hearing, has found that public convenience and necessity require such condemnation. All administrative expenses incurred in any such hearing shall be paid by the party not prevailing therein. [Formerly 492.100 [bad link]; 1995 c.733 §50; 1999 c.1093 §20]