2017 ORS 374.085¹
Severance by throughway of agricultural land

Wherever by the location, relocation, establishment and construction or reconstruction of a throughway under ORS 374.005 (Policy and purpose of ORS 374.005 to 374.095) to 374.095 (Utility roads where access to abutting property affected) real property, title to which is held under one ownership, is severed and the land is being used for farm or other agricultural purposes, provision shall be made by the Department of Transportation for crossing the highway from one such tract to the other or compensation for the severance of the tract shall be paid. Should such tracts at any time cease to be held under one ownership, the department may terminate and discontinue the road crossings. No such connecting-road crossing shall be used for or in connection with the conduct of any roadside business or enterprise, but shall be available and used solely for passage from one of the severed tracts to the other.

Notes of Decisions

Commission may not avoid paying compensa­tion for loss of direct access by offering roundabout means of access. Highway Comm. v. Boothman, 22 Or App 576, 540 P2d 1020 (1975), Sup Ct review denied

Compensable damages caused by severance are not limited to land’s loss of market value. Highway Comm. v. Boothman, 22 Or App 576, 540 P2d 1020 (1975), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 374—Control of Access to Public Highways, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors374.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 374, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano374.­html (2017) (last ac­cessed Mar. 30, 2018).
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.