Oregon Revised Statutes

Or. Rev. Stat. § 366.205 (2026)

Power and authority of commission over highways; rules

✓ current as of May 2026
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      366.205 Power and authority of commission over highways; rules. (1) The Oregon Transportation Commission has general supervision and control over all matters pertaining to the selection, establishment, location, construction, improvement, maintenance, operation and administration of state highways, the letting of contracts therefor, the selection of materials to be used therein and all other matters and things considered necessary or proper by the commission for the accomplishment of the purposes of this Act.

      (2) The commission has full power to carry out the provisions of and may make such rules as it considers necessary for the accomplishment of the purposes of this Act, as defined in ORS 366.005.

      (3) The Director of Transportation, as authorized by the commission, shall appoint such officials and do any other act or thing necessary to fully meet the requirements of ORS 366.510. [Amended by 1963 c.601 §1; 1965 c.368 §6; 1973 c.249 §37; 1975 c.436 §8; 1985 c.565 §64; 1989 c.904 §35; 1993 c.741 §38]

Notes of Decisions
Cited in 8 cases, 1957–2016 · leading case: Little v. Wimmer, 739 P.2d 564 (Or. 1987).
Little v. Wimmer, 739 P.2d 564 (Or. 1987). · cites it 3× “The powers and duties of the Oregon Transportation Commission and the Department of Transportation include continuous “supervision and control” of maintenance and improvement of the state’s highways, ORS 366.205(2), 366.290(1), and the state concedes as much.”
Turner v. State Ex Rel. Dep't of Transp., 375 P.3d 508 (Or. 2016). “Wimmer, 303 Or 580, 589 , 739 P2d 564 (1987) (finding legislative intent to impose such a duty in ORS 366.205(2) and ORS 366.290(1)); Hughes v.”
Liberty v. State, 116 P.3d 902 (Or. Ct. App. 2005). “ORS 366.205(1) provides, in part, that the Oregon Transportation Commission “has general supervision and control over all matters pertaining to the selection, establishment, location, construction, improvement, maintenance, operation and administration of state highways.”
State High. Comm'n v. Rawson, 312 P.2d 849 (Or. 1957). “OCLA, § 100-114, now ORS 366.205. If the Highway Commission purchased the land in question with trust funds for purposes authorized by statute, we must presume that it holds the lands so purchased for such purposes.”
Liberty v. State, Dept. of Transp., 116 P.3d 902 (Or. Ct. App. 2005). “ORS 366.205(1) provides, in part, that the Oregon Transportation Commission "has general supervision and control over all matters pertaining to the selection, establishment, location, construction, improvement, maintenance, operation and administration of state highways.”
Oregon Telecomm. Ass'n v. Oregon Dep't of Transp., 144 P.3d 935 (Or. 2006). “ORS 366.205. The legislature has authorized ODOT under ORS 758.”
Turner v. Dept. of Transp. (Or. 2016). “Wimmer, 303 Or 580, 589 , 739 P2d 564 (1987) (finding legislative intent to impose such a duty in ORS 366.205(2) and ORS 366.290(1)); Hughes v.”
Gordon H. Ball, Inc. v. State ex rel. State High. Div., 604 P.2d 891 (Or. Ct. App. 1979). “OTC’s authority over the Division is provided for in ORS 366.205: "(1) The commission shall determine and adopt the general policy relating to the administration of the Highway Division.”
— Or. Rev. Stat. § 366.205(1) — 2 cases
Liberty v. State, 116 P.3d 902 (Or. Ct. App. 2005). “ORS 366.205(1) provides, in part, that the Oregon Transportation Commission “has general supervision and control over all matters pertaining to the selection, establishment, location, construction, improvement, maintenance, operation and administration of state highways.”
Liberty v. State, Dept. of Transp., 116 P.3d 902 (Or. Ct. App. 2005). “ORS 366.205(1) provides, in part, that the Oregon Transportation Commission "has general supervision and control over all matters pertaining to the selection, establishment, location, construction, improvement, maintenance, operation and administration of state highways.”
— Or. Rev. Stat. § 366.205(2) — 3 cases
Little v. Wimmer, 739 P.2d 564 (Or. 1987). “The powers and duties of the Oregon Transportation Commission and the Department of Transportation include continuous “supervision and control” of maintenance and improvement of the state’s highways, ORS 366.205(2), 366.290(1), and the state concedes as much.”
Turner v. State Ex Rel. Dep't of Transp., 375 P.3d 508 (Or. 2016). “Wimmer, 303 Or 580, 589 , 739 P2d 564 (1987) (finding legislative intent to impose such a duty in ORS 366.205(2) and ORS 366.290(1)); Hughes v.”
Turner v. Dept. of Transp. (Or. 2016). “Wimmer, 303 Or 580, 589 , 739 P2d 564 (1987) (finding legislative intent to impose such a duty in ORS 366.205(2) and ORS 366.290(1)); Hughes v.”
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