2017 ORS 758.010¹
Authority to construct lines and facilities
  • requirements and conditions

(1) Except within cities, any person has a right and privilege to construct, maintain and operate its water, gas, electric or communication service lines, fixtures and other facilities along the public roads in this state, as defined in ORS 368.001 (Definitions) or across rivers or over any lands belonging to state government, as defined in ORS 174.111 (“State government” defined), free of charge, and over lands of private individuals, as provided in ORS 772.210 (Right of entry and condemnation of lands for construction of service facilities). Such lines, fixtures and facilities shall not be constructed so as to obstruct any public road or navigable stream.

(2) A county governing body and the Department of Transportation have authority to designate the location upon roads under their respective jurisdiction, outside of cities, where lines, fixtures and facilities described in this section may be located, and subject to ORS 758.025 (Relocation of utilities in highway right of way) may order the location of any such line, fixture or facility to be changed when such governing body or department deems it expedient. Any line, fixture or facility erected or remaining in a different location upon such road than that designated in any order of the governing body or department is a public nuisance and may be abated accordingly.

(3) The state officer, agency, board or commission having jurisdiction over any land belonging to state government, as defined in ORS 174.111 (“State government” defined), with respect to which the right and privilege granted under subsection (1) of this section is exercised may impose reasonable requirements for the location, construction, operation and maintenance of the lines, fixtures and facilities on such land. The person exercising such right and privilege over any land belonging to state government, as defined in ORS 174.111 (“State government” defined), shall pay the current market value for the existing forest products that are damaged or destroyed in exercising such right and privilege. Such right and privilege of any person is conditioned upon compliance with the requirements imposed by this subsection. [Amended by 1955 c.123 §1; 1971 c.655 §100; 1981 c.153 §76; 2001 c.664 §§3,6; 2009 c.444 §4; 2015 c.55 §1]

Notes of Decisions

This sec­tion deals only with control over precise loca­tions of utility lines, but does not limit class of per­sons or corpora­tions who may place lines under streets. Sunset Lake v. Remington, 45 Or App 973, 609 P2d 896 (1980)

County ordinance providing for imposi­tion of permit fees for construc­tion within right-of-way alongside county roads is invalid because it conflicts with this sec­tion. Pacific N.W. Bell v. Multnomah County, 68 Or App 375, 681 P2d 797 (1984), Sup Ct review denied

Monetary cost to utility of complying with permit condi­tion not imposing fee or price does not make condi­tion equivalent of “charge.” U.S. West Communica­tions, Inc. v. Jackson County, 130 Or App 316, 881 P2d 164 (1994)

Administra­tion of reloca­tion of utility facilities by Depart­ment of Transporta­tion in connec­tion with road projects is permissible use of highway funds. Oregon Telecommunica­tions Assn. v. ODOT, 341 Or 418, 144 P3d 935 (2006)

Atty. Gen. Opinions

State Lands Division recovery of administrative costs for preparing and recording utility and railroad ease­ments over submerged and submersible lands, (1978) Vol 39, p 417

1 Legislative Counsel Committee, CHAPTER 758—Utility Rights of Way and Territory Allocation; Cogeneration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors758.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 758, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano758.­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.