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Oregon Revised Statutes

Or. Rev. Stat. § 374.405 (2026)

Access rights of property abutting on state highways

✓ current as of May 2026
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      374.405 Access rights of property abutting on state highways. No rights in or to any state highway, including what is known as right of access, shall accrue to any real property abutting upon any portion of any state highway constructed, relocated or reconstructed after May 12, 1951, upon right of way, no part of the width of which was acquired prior to May 12, 1951, for public use as a highway, by reason of the real property abutting upon the state highway.

Notes of Decisions
Cited in 3 cases, 1984–2015 · leading case: State Ex Rel. Dep't of Transp. v. Alderwoods (Oregon), Inc., 366 P.3d 316 (Or. 2015).
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State Ex Rel. Dep't of Transp. v. Alderwoods (Oregon), Inc., 366 P.3d 316 (Or. 2015). · cites it 2× “6 We reserve the question of whether a property owner’s right of access is subject to the state’s interest in highways for purposes other than safety.”
State v. Alderwoods (Oregon), Inc., 336 P.3d 1047 (Or. Ct. App. 2014). · cites it 10× “The legislature modified that principle for state highways in 1951 with its enactment of ORS 374.405, which denies abutting landowners a right of access to state highways “constructed, relocated or reconstructed after May 12, 1951.”
Witten v. Murphy, 692 P.2d 715 (Or. Ct. App. 1984). “When the 1979 legislature enacted ORS 378.180, it was aware of the existence of the common law right of access.”
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