Oregon Revised Statutes

Or. Rev. Stat. § 374.320 (2026)

Removal or repair of installation on right of way at expense of applicant

✓ current as of May 2026

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374.320 Removal or repair of installation on right of way at expense of applicant. (1) Upon failure of the applicant to construct or maintain the particular approach road, facility, thing or appurtenance in accordance with the rules and regulations and the conditions of the permit, the Department of Transportation or the county governing body shall, after the expiration of 30 days following the transmittal of a written notice to the applicant, at applicant’s expense, remove all such installations from the right of way or reconstruct, repair or maintain any such installation in accordance with or as required by such rules and regulations and the conditions of such permit. This expense may be recovered from the applicant by the state or county in any court of competent jurisdiction.

(2) Notwithstanding subsection (1) of this section, if the Department of Transportation, county governing body or designated agent of the department or governing body, whichever is applicable, determines that a traffic or pedestrian hazard is created by the noncompliance which causes imminent danger of personal injury, it may:

(a) Order the construction removed, repaired or maintained to eliminate the hazard, within 24 hours after delivery of written notice to the applicant, and to the owner of the property on which the noncompliance occurred.

(b) If the hazard is not removed within the time set under paragraph (a) of this subsection, remove the hazard and recover the expenses of any removal, repair or maintenance from the applicant in any court of competent jurisdiction. [Amended by 1955 c.424 §3; 1979 c.873 §2]

Notes of Decisions

Cited in 1 case, 2002–2002 · leading case: Deupree v. Dep't of Transp., 43 P.3d 1122 (Or. Ct. App. 2002).

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Deupree v. Dep't of Transp., 43 P.3d 1122 (Or. Ct. App. 2002). · cites it 8× ““(2) Failure of the applicant to comply with any of the terms and conditions of the permit shall be sufficient cause for cancellation of the permit and may result in removal of the facility by the Department at the applicant’s expense as provided in ORS 374.320. *400 “(3) The…”

— Or. Rev. Stat. § 374.320(1) — 1 case

Deupree v. Dep't of Transp., 43 P.3d 1122 (Or. Ct. App. 2002). ““(2) Failure of the applicant to comply with any of the terms and conditions of the permit shall be sufficient cause for cancellation of the permit and may result in removal of the facility by the Department at the applicant’s expense as provided in ORS 374.320. *400 “(3) The…”

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