ORS 824.206¹
Elimination, relocation or alteration of grade crossing
  • installation or alteration of protective devices

(1) The Department of Transportation may, upon its own motion or upon application by a railroad or the public authority in interest, subsequent to a hearing, unless a hearing is not required under ORS 824.214 (Procedure to obtain permission for crossings), and upon finding that such action is required by the public safety, necessity, convenience and general welfare:

(a) Eliminate a grade crossing by relocation of the highway;

(b) Alter or abolish any grade crossing or change the location thereof, or require a separation of grades at any such crossing;

(c) Alter or change any existing crossing at separated grades; and

(d) Require installation or alteration of protective devices.

(2) The department shall prescribe the time and manner of such alteration, change, installation or alteration, and the terms and conditions thereof. [Formerly 763.030; 1997 c.249 §250; 1997 c.275 §16]

Notes of Decisions

Altera­tion or abolish­ment of grade crossing is "re­quired" if suitable or appropriate under circumstances of particular case. Klamath County v. Depart­ment of Transporta­tion, 201 Or App 10, 116 P3d 924 (2005)

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/­ors/­824.­html (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