Oregon Revised Statutes

Or. Rev. Stat. § 366.340 (2026)

Acquisition of real property generally

✓ current as of May 2026

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366.340 Acquisition of real property generally. The Department of Transportation may acquire by purchase, agreement, donation or by exercise of the power of eminent domain real property, or any right or interest therein, including any easement or right of access, deemed necessary for:

(1) Construction of shops, equipment sheds, office buildings, maintenance sites, patrolmen accommodations, snow fences, quarry sites, gravel pits, storage sites, stock pile sites, weighing stations and broadcasting stations.

(2) Appropriation, acquisition or manufacture of road-building materials, approach or hauling roads, connecting roads, frontage road, highway drainage and drainage tunnels.

(3) Maintenance of an unobstructed view of any state highway so as to provide for the safety of the traveling public.

(4) Any other use or purpose deemed necessary for carrying out the purposes of this Act.

(5) Elimination or prevention of hazardous or undesirable points of entry from adjacent property to state highways. [Amended by 1953 c.252 §2]

366.345 [Amended by 1957 c.392 §1; 1963 c.601 §2; renumbered 390.110]

366.350 [Amended by 1959 c.611 §3; 1963 c.601 §3; renumbered 390.160]

366.355 [Renumbered 390.210]

Notes of Decisions

Cited in 3 cases, 1960–1996 · leading case: DeLong Corp. v. Oregon State High. Com'n, 233 F. Supp. 7 (D. Or. 1964).

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DeLong Corp. v. Oregon State High. Com'n, 233 F. Supp. 7 (D. Or. 1964). “ORS 366.340. 17 . ORS 366.345. 18 . ORS 366.”

State High. Comm'n v. Stumbo, 352 P.2d 477 (Or. 1960). “Constitution of Oregon, Art I, § 18; ORS 366.340 et seq.; ORS. 374.035 et seq.”

State Ex Rel. Dep't of Transp. v. Schrock Farms, 914 P.2d 1116 (Or. Ct. App. 1996). · cites it 3× “320(1), which authorizes it to condemn property for “rights of way deemed necessary for all primary and secondary state highways,” or from ORS 366.340(4), which authorizes it to acquire property by eminent domain for any use or purpose that it deems necessary to carry out the…”

— Or. Rev. Stat. § 366.340(4) — 1 case

State Ex Rel. Dep't of Transp. v. Schrock Farms, 914 P.2d 1116 (Or. Ct. App. 1996). “320(1), which authorizes it to condemn property for “rights of way deemed necessary for all primary and secondary state highways,” or from ORS 366.340(4), which authorizes it to acquire property by eminent domain for any use or purpose that it deems necessary to carry out the…”

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