2017 ORS 374.308¹
Presumption of written permission

(1)(a) An owner of real property abutting a state highway with an existing approach road is presumed to have the Department of Transportation’s written permission for the approach road based upon documentation for a highway project completed by the department that shows that the approach road was built or rebuilt as part of the project or that the department intended to issue an approach permit to the property owner for the approach road.

(b) The department shall have the burden to establish that the factual basis for the presumption in paragraph (a) of this subsection does not exist.

(2)(a) An owner of real property abutting a state highway with an approach road that was in existence before April 1, 2000, is also presumed to have the department’s written permission for the approach road based upon documentation in any form that shows:

(A) That the approach road was in existence before July 16, 1949;

(B) That the approach road was in existence before the department accepted jurisdiction of the highway from a city or county; or

(C) That the approach road was built or rebuilt with the department’s knowledge or permission.

(b) The department shall have the burden to establish that the factual basis for the presumption in paragraph (a) of this subsection does not exist. The department may rebut the presumption in paragraph (a) of this subsection by a showing that there is insufficient documentation to determine whether the approach road was built or rebuilt with the department’s knowledge or permission.

(3) Subsections (1) and (2) of this section apply only where there is a right of access to the state highway.

(4) For approach roads presumed to have written permission under this section, the determination of prior use for the purposes of ORS 374.312 (Rules regarding permits for approach roads) (4) and (5) is the use of the property on January 1, 2014.

(5) Except as provided in this section, an approach road built without the department’s written permission is subject to removal or reconstruction as provided in ORS 374.307 (Removal or repair of installation constructed without permission).

(6) For purposes of ORS 374.302 (Definitions for ORS 374.302 to 374.334) to 374.334 (Access management strategy), 374.335 (Driving certain motor vehicles across public highway not considered operation on highway) and 374.345 (Rules regarding turning onto state highway from approach road), the presumption of written permission of the department for an approach road is deemed to be an approach permit issued by the department under ORS 374.310 (State permits). [2013 c.476 §2]

Note: 374.308 (Presumption of written permission) and 374.317 (Approach road maintenance) were added to and made a part of 374.302 (Definitions for ORS 374.302 to 374.334) to 374.334 (Access management strategy) by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

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 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.