374.035
Acquisition of real property; effect of resolution. (1) The Department of
Transportation may, in the name of the state, acquire by agreement, donation or
exercise of the power of eminent domain, fee title to or any interest in any
real property, including easements of air, view, light and access, which in the
opinion or judgment of the department is deemed necessary for the construction
of any throughway, the establishment of any section of an existing state road
or highway as a throughway or the construction of a service road. The
department may accomplish such acquisition in the same manner and by the same
procedure as real property is acquired for state highway purposes, except that
in case the acquisition is by proceedings in eminent domain the resolution
required under such procedure shall specify, in addition to other provisions
and requirements of law, that the real property is required and is being
appropriated for the purpose of establishing, constructing and maintaining a
throughway.
(2) A resolution
adopted by the department stating and setting forth that a proposed highway is
to be constructed as a throughway is conclusive evidence that the highway when
constructed is a throughway with all the characteristics and incidents prescribed
by and provided for in ORS 374.005 to 374.095.
Notes of Decisions
State Ex Rel. Dep't of Transp. v. Alderwoods (Oregon), Inc., 366 P.3d 316 (Or. 2015).
· cites it 25× “For similar reasons, Judge Sercombe also concluded that defendant was not entitled to compensation under ORS 374.035 — the statute that grants ODOT the authority to exercise the power of eminent domain to acquire interests in real property necessary to establish a throughway.”
State v. Alderwoods (Oregon), Inc., 336 P.3d 1047 (Or. Ct. App. 2014).
· cites it 23× “420, the 1965 statute that applied to the county’s conversion of a conventional county road to a limited-access road in Briggs, should apply to the 1947 statute under which the state condemned defendant’s right of access to Highway 99W, ORS 374.035. 265 Or App at 602-03…”
State High. Comm'n v. Cent. Paving Co., 399 P.2d 1019 (Or. 1965).
· cites it 4× “Since we do not regard the limitation on defendants’ access to their land from the throughway as the deprivation of an interest in land we need not decide whether, if it were, the state could appropriate the interest without compensation under the police power.”
Or. Rev. Stat. § 374.035(1): 1 case
State v. Alderwoods (Oregon), Inc., 336 P.3d 1047 (Or. Ct. App. 2014).
“420, the 1965 statute that applied to the county’s conversion of a conventional county road to a limited-access road in Briggs, should apply to the 1947 statute under which the state condemned defendant’s right of access to Highway 99W, ORS 374.035. 265 Or App at 602-03…”
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