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Oregon Revised Statutes

Or. Rev. Stat. § 374.330 (2026)

Prior status preserved

✓ current as of May 2026
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      374.330 Prior status preserved. (1) ORS 374.305, 374.310 and 374.325, as those sections were amended by chapter 323, Oregon Laws 1957, and ORS 374.309 do not affect any approach road, structure, pipeline, ditch, cable or wire, or other facility, thing or appurtenance lawfully placed or constructed upon the right of way of any highway prior to August 20, 1957.

      (2)(a) ORS 374.305 and 374.310, as those sections were amended by chapter 497, Oregon Laws 1967, and ORS 374.309 do not affect any approach road, structure, pipeline, ditch, cable or wire, or other facility, thing or appurtenance lawfully placed or constructed upon the right of way of any state highway or county road prior to September 13, 1967.

      (b) Except as provided in paragraph (a) of this subsection, private road crossings authorized by the Public Utility Commission under ORS 374.205 to 374.260 (1965 Replacement Part) are subject to ORS 374.302 to 374.334 after September 13, 1967. [1957 c.323 §4; 1967 c.497 §3; 2011 c.330 §10]

Notes of Decisions
Cited in 3 cases, 1977–2002 · 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 5× “Petitioners also point out that ORS chapter 374 contains a “grandfather clause,” ORS 374.330, that expressly provides that legislative amendments enacted in 1967 adding subsections (2) and (3) to ORS 374.”
Spaght v. State ex rel. Dep't of Transp., 564 P.2d 1092 (Or. Ct. App. 1977). · cites it 6× “) *684 Also in 1967 ORS 374.330 was amended by adding subsection (2)(a): "Nothing in ORS 374.”
Lucas v. State ex rel. Dep't of Transp., 4 P.3d 745 (Or. Ct. App. 2000). · cites it 5× “It notified plaintiff that, if he planned to change the use of an approach road, OAR 734-50-065 (now numbered OAR 734-050-0065) required him to obtain a permit, even if he otherwise had grandfathered rights under ORS 374.330. 2 Defendant told plaintiff to apply for a permit for…”
— Or. Rev. Stat. § 374.330(1) — 2 cases
Deupree v. Dep't of Transp., 43 P.3d 1122 (Or. Ct. App. 2002). “Petitioners also point out that ORS chapter 374 contains a “grandfather clause,” ORS 374.330, that expressly provides that legislative amendments enacted in 1967 adding subsections (2) and (3) to ORS 374.”
Lucas v. State ex rel. Dep't of Transp., 4 P.3d 745 (Or. Ct. App. 2000). “It notified plaintiff that, if he planned to change the use of an approach road, OAR 734-50-065 (now numbered OAR 734-050-0065) required him to obtain a permit, even if he otherwise had grandfathered rights under ORS 374.330. 2 Defendant told plaintiff to apply for a permit for…”
— Or. Rev. Stat. § 374.330(2) — 1 case
Spaght v. State ex rel. Dep't of Transp., 564 P.2d 1092 (Or. Ct. App. 1977). “) *684 Also in 1967 ORS 374.330 was amended by adding subsection (2)(a): "Nothing in ORS 374.”
— Or. Rev. Stat. § 374.330(2)(a) — 2 cases
Deupree v. Dep't of Transp., 43 P.3d 1122 (Or. Ct. App. 2002). “Petitioners also point out that ORS chapter 374 contains a “grandfather clause,” ORS 374.330, that expressly provides that legislative amendments enacted in 1967 adding subsections (2) and (3) to ORS 374.”
Spaght v. State ex rel. Dep't of Transp., 564 P.2d 1092 (Or. Ct. App. 1977). “) *684 Also in 1967 ORS 374.330 was amended by adding subsection (2)(a): "Nothing in ORS 374.”
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