ORS 366.320¹
Acquisition of rights of way and right of access

(1) The Department of Transportation may acquire rights of way deemed necessary for all primary and secondary state highways, both within and without the corporate limits of cities and towns, except that such rights of way within the corporate limits of cities and towns may be acquired at the sole expense of the state, at the expense of the city or town or at the expense of the city or town and the state, as may be mutually agreed upon.

(2) The department may acquire by purchase, agreement, donation or by the exercise of the power of eminent domain, real property or any right or interest therein deemed necessary for rights of way, either for original location or for widening, straightening or otherwise changing any highway, road or street. The department may, when acquiring real property for right of way, acquire all right of access from abutting property to the highway to be constructed, relocated or widened.

(3) All rights of way owned or held by the several counties over and along any roads adopted as state highways are vested in the state, by and through the department. This subsection does not apply to any rights of way owned by any city for city streets. [Amended by 1953 c.252 §2]

Notes of Decisions

Proposed use of prop­erty acquired by condemna­tion need not be lawful use at time of acquisi­tion. Oregon Depart­ment of Transporta­tion v. Schrock Farms, 140 Or App 140, 914 P2d 1116 (1996), Sup Ct review denied

Chapter 366

Atty. Gen. Opinions

Use and distribu­tion of State Highway Fund, (1975) Vol 37, p 599

1 Legislative Counsel Committee, CHAPTER 366—State Highways and State Highway Fund, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors366.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 366, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano366.­html (2019) (last ac­cessed May 16, 2020).
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