Oregon Revised Statutes

Or. Rev. Stat. § 366.320 (2026)

Acquisition of rights of way and right of access

✓ current as of May 2026

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366.320 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

Cited in 1 case, 1996–1996 · leading case: State Ex Rel. Dep't of Transp. v. Schrock Farms, 914 P.2d 1116 (Or. Ct. App. 1996).

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State Ex Rel. Dep't of Transp. v. Schrock Farms, 914 P.2d 1116 (Or. Ct. App. 1996). · cites it 3× “ODOT asserts that its authority to take the land arises either from ORS 366.320(1), which authorizes it to condemn property for “rights of way deemed necessary for all primary and secondary state highways,” or from ORS 366.”

— Or. Rev. Stat. § 366.320(1) — 1 case

State Ex Rel. Dep't of Transp. v. Schrock Farms, 914 P.2d 1116 (Or. Ct. App. 1996). “ODOT asserts that its authority to take the land arises either from ORS 366.320(1), which authorizes it to condemn property for “rights of way deemed necessary for all primary and secondary state highways,” or from ORS 366.”

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