374.420 County
throughways; rights of abutting property owners. (1) The county court or board of
county commissioners may acquire by purchase, agreement, donation or exercise
of the power of eminent domain, fee title or any interest in real property,
including easements of air, view, light and access, which is necessary for the
construction of a throughway or the establishment of a section of an existing
county road as a throughway.
(2) When right of
way is acquired for a throughway after August 13, 1965, no rights in or to the
throughway, including what is known as right of access, accrue to real property
merely because the property abuts upon that part of the right of way so acquired.
This subsection also applies to right of way acquired, prior to August 13,
1965, pursuant to ORS 374.420 to 374.430 (1963 Replacement Parts).
(3) “Throughway,”
as used in this section, means a proposed or existing county road especially
designed for through traffic, which has been designated by resolution of the
county court or board of county commissioners as a throughway, over, from or to
which owners or occupants of abutting land or other persons have no easement of
access or only a limited easement of access, light, air or view, merely because
of the fact that their property abuts upon the throughway or for any other
reason. [Amended by 1965 c.364 §1]
Notes of Decisions
Douglas Cnty. v. Briggs, 593 P.2d 1115 (Or. 1979).
· cites it 5× “The action by the county establishing the county road as a throughway was taken pursuant to ORS 374.420 which provides, in part, as follows: "(1) The county court or board of county commissioners may acquire by purchase, agreement, donation or exercise of the power of eminent…”
State v. Alderwoods (Oregon), Inc., 336 P.3d 1047 (Or. Ct. App. 2014).
· cites it 14× “It ultimately affirmed our decision, but it did so based on its construction of the statute under which the county had acted in Briggs to convert the county road to a limited-access road, ORS 374.”
Douglas Cnty. v. Briggs, 578 P.2d 1261 (Or. Ct. App. 1978).
· cites it 3× “This action, which *413 effectively eliminated the possiblity of access to defendants’ land from the Boulevard, was taken pursuant to ORS 374.420, which provides: *412 [[Image here]] *413 "(1) The county court or board of county commissioners may acquire by purchase, agreement,…”
— Or. Rev. Stat. § 374.420(1) — 3 cases
Douglas Cnty. v. Briggs, 593 P.2d 1115 (Or. 1979).
“The action by the county establishing the county road as a throughway was taken pursuant to ORS 374.420 which provides, in part, as follows: "(1) The county court or board of county commissioners may acquire by purchase, agreement, donation or exercise of the power of eminent…”
State v. Alderwoods (Oregon), Inc., 336 P.3d 1047 (Or. Ct. App. 2014).
“It ultimately affirmed our decision, but it did so based on its construction of the statute under which the county had acted in Briggs to convert the county road to a limited-access road, ORS 374.”
Douglas Cnty. v. Briggs, 578 P.2d 1261 (Or. Ct. App. 1978).
“This action, which *413 effectively eliminated the possiblity of access to defendants’ land from the Boulevard, was taken pursuant to ORS 374.420, which provides: *412 [[Image here]] *413 "(1) The county court or board of county commissioners may acquire by purchase, agreement,…”
— Or. Rev. Stat. § 374.420(2) — 1 case
Douglas Cnty. v. Briggs, 578 P.2d 1261 (Or. Ct. App. 1978).
“This action, which *413 effectively eliminated the possiblity of access to defendants’ land from the Boulevard, was taken pursuant to ORS 374.420, which provides: *412 [[Image here]] *413 "(1) The county court or board of county commissioners may acquire by purchase, agreement,…”
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