ORS 824.204¹
Authority to construct grade crossings
  • protective devices

(1) Except for the repair of lawfully existing roads and highways or the replacement of tracks, no highway shall be constructed across the track of any railroad company at grade, nor shall the track of any railroad company be constructed across a highway at grade, without having first secured the permission of the Department of Transportation.

(2) Whenever any railroad company desires to cross any established and existing highway at grade or any public authority desires to lay out and extend any highway over and across any established and existing railroad at grade, it shall file with the department its application setting forth the objections and difficulties of making such crossing either above or below the grade of the existing highway or railroad.

(3) Upon receipt of the above application the department, after hearing, unless a hearing is not required under ORS 824.214 (Procedure to obtain permission for crossings), shall:

(a) Determine whether the public safety, public convenience and general welfare require a grade separation; and

(b) In the event a grade separation is not required, determine whether the application should be refused or granted, and upon what terms and conditions.

(4) If the grade crossing is approved, the department shall determine and prescribe the manner of its construction, maintenance and use, the kind and location of protective devices to be installed, the allocation of costs and the place of the crossing. [Formerly 763.020]

Notes of Decisions

Decision whether there should be public crossing of highway over railroad tracks is in primary jurisdic­tion of Public Utility Commissioner; use of "highway" does not preclude P.U.C. jurisdic­tion over pedestrian crossings. Multnomah County v. Union Pacific R.R., 297 Or 341, 685 P2d 988 (1984)

Atty. Gen. Opinions

Alloca­tion of railroad crossing costs by "costs formula," (1973) Vol 36, p 611

1 Legislative Counsel Committee, CHAPTER 824—Railroads, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors824.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 824, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­824ano.­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