ORS 607.527¹
Stock herded or grazed on interstate and defense highways

(1) Notwithstanding ORS 366.460 (Construction of sidewalks within highway right of way), 366.465 (Gates and stock guards), 374.340 (Cattle crossings under public road) and 607.045 (Livestock at large in livestock districts) (2) and notwithstanding the existence of an open range area, except as provided by subsection (2) of this section, no person, except in case of emergency, shall drive, herd, pasture, graze, range, tether or stake any livestock, as defined by ORS 607.005 (Definitions), within the boundaries of the right of way for a state highway that is part of the national system of interstate and defense highways, to wit: Interstate 5, Interstate 84, or Interstate 82. This section is not intended to prohibit the hauling of livestock, in vehicles, on a highway or the use of structures or undercrossings, constructed and approved as provided by law, as stock ways, nor to abrogate a duty provided under ORS 607.303 (Owner or lessee of property taking up livestock unlawfully permitted to run at large) to 607.341 (Jurisdiction of courts).

(2) Upon application by an owner or person in charge of livestock, the Director of Transportation or duly authorized local representative may issue written permits, on such terms as the person finds proper, authorizing the owner or person in charge of livestock to herd or drive the livestock on a single trip across or within the boundaries of a right of way for a highway as described in subsection (1) of this section. [1963 c.350 §1; 1993 c.741 §70]

Law Review Cita­tions

8 WLJ 183-198 (1972)

Chapter 607

Notes of Decisions

The state owed no duty to remove livestock from the highway in an "open area." Turrini v. Gulick, 16 Or App 167, 517 P2d 1230 (1974), Sup Ct review denied

This chapter is a legislative determina­tion that there is no duty to keep livestock off high­ways in "open range" areas unless specifically provided. Turrini v. Gulick, 16 Or App 167, 517 P2d 1230 (1974), Sup Ct review denied

Although Oregon grazing law permits livestock to roam freely and graze at will in any area not designated as livestock district, Willamette Na­tional Forest is not open range. Bilderback v. United States, 558 F Supp 903 (1982)

Law Review Cita­tions

8 WLJ 183 (1972)

1 Legislative Counsel Committee, CHAPTER 607—Livestock Districts; Stock Running at Large, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors607.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 607, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­607ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information