ORS 824.214¹
Procedure to obtain permission for crossings
  • rules

(1) Proceedings to carry out ORS 824.204 (Authority to construct grade crossings), 824.206 (Elimination, relocation or alteration of grade crossing), 824.210 (Construction and alteration of crossings above or below grade) to 824.218 (Work and materials furnished by railroad company), 824.224 (When stop signs are to be installed by railroad), 824.226 (Dangerous grade crossings) to 824.230 (Installation of protective devices where railroads intersect at grade), 824.238 (Division of costs between railroad and public authority), 824.240 (Payment when public highway involved) and 824.256 (Expense contributed by public held in trust by railroad company), including the right to review any order of the Department of Transportation, shall be those specified in ORS chapter 183 for contested cases. If the final order of the department, in a proceeding initiated under ORS 824.206 (Elimination, relocation or alteration of grade crossing) or 824.226 (Dangerous grade crossings) by a city or county, is appealed and the city or county prevails, it shall be entitled to costs and reasonable attorney fees.

(2) The department may adopt rules to govern the procedure, and to regulate the mode and manner of all investigations under ORS 824.204 (Authority to construct grade crossings), 824.206 (Elimination, relocation or alteration of grade crossing), 824.210 (Construction and alteration of crossings above or below grade) to 824.218 (Work and materials furnished by railroad company), 824.224 (When stop signs are to be installed by railroad), 824.226 (Dangerous grade crossings) to 824.230 (Installation of protective devices where railroads intersect at grade), 824.238 (Division of costs between railroad and public authority), 824.240 (Payment when public highway involved) and 824.256 (Expense contributed by public held in trust by railroad company).

(3) The authority granted the department by ORS 824.200 (Definitions for ORS 824.200 to 824.256) to 824.256 (Expense contributed by public held in trust by railroad company) is in addition to and not in lieu of the authority of any city, county or other political subdivision of the state to use other remedies and procedures to provide public highways for the traveling public. [Formerly 763.080; 1997 c.249 §252; 1997 c.275 §18]

1 Legislative Counsel Committee, CHAPTER 824—Railroads, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­824.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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