2017 ORS 373.020¹
Jurisdiction over streets taken over for state highway routing through cities
  • effect on public utility duties

(1) Complete jurisdiction and control of streets taken over by the Department of Transportation as provided in ORS chapter 366 and ORS 105.760 (State or county liability for damages resulting from change of grade of streets), 373.010 (Routing and marking state highways through cities), 373.015 (Notice and hearing before location, relocation or abandonment of state highway through cities), 373.030 (Construction and maintenance of streets) and this section, is vested in the department and extends from curb to curb, or, if there is no regular established curb, then such control extends over such portion of the right of way as may be utilized by the department for highway purposes. Responsibility for and jurisdiction over all other portions of the street or road remains in the city.

(2) All cities retain the right to grant the privilege to open the surface of any such street or road, but all damage occasioned thereby shall promptly be repaired by the city, either itself or at its direction, and the responsibility for the cost thereof shall be upon the city permitting the opening.

(3) Cities retain the exclusive right to grant franchises over, beneath and upon any such street or road, and to control and regulate such franchises and the utilization thereof, but the department may utilize any storm sewers thereon or thereunder without cost or charge therefor by the city.

(4) Nothing contained in ORS chapter 366 and ORS 105.760 (State or county liability for damages resulting from change of grade of streets), 373.010 (Routing and marking state highways through cities), 373.015 (Notice and hearing before location, relocation or abandonment of state highway through cities), 373.030 (Construction and maintenance of streets) and this section, relieves any public utility or telecommunications utility from the maintenance and repair of any street or portion thereof or the performance of any other obligation required under any franchise granted to it by any city. [Amended by 1979 c.186 §14; 1987 c.447 §121; 1995 c.79 §202]

1 Legislative Counsel Committee, CHAPTER 373—Roads and Highways Through Cities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors373.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.