Oregon Revised Statutes

Or. Rev. Stat. § 759.075 (2026)

Authority to construct lines and facilities; condemnation power; procedure

✓ current as of May 2026

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759.075 Authority to construct lines and facilities; condemnation power; procedure. (1) Any telecommunications utility may:

(a) Enter upon lands within this state for the purpose of examining, locating and surveying the line thereof and also other lands necessary and convenient for the purpose of construction of service facilities, doing no unnecessary damage thereby.

(b) Condemn such lands not exceeding 100 feet in width for its lines (including poles, towers, wires, supports and necessary equipment therefor) and in addition thereto, other lands necessary and convenient for the purpose of construction of service facilities.

(2) Notwithstanding subsection (1) of this section, any telecommunications utility may, when necessary or convenient for transmission lines (including poles, towers, wires, supports and necessary equipment therefor) designed for voltages in excess of 330,000 volts, condemn land not to exceed 300 feet in width. In addition, if the lands are covered by trees which are liable to fall and constitute a hazard to its wire or line, such telecommunications utility may condemn such trees for a width not exceeding 100 feet on either side of the condemned land, as may be necessary or convenient for such purpose.

(3) The proceedings for the condemnation of such lands shall be the same as that provided in ORS chapter 35, provided that any award shall include, but shall not be limited to, damages for destruction of forest growth, premature cutting of timber and diminution in value to remaining timber caused by increased harvesting costs. [1987 c.447 §69]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1993–2023 · leading case: Verizon Nw., Inc. v. Main Street Dev., Inc., 693 F. Supp. 2d 1265 (D. Or. 2010).

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Verizon Nw., Inc. v. Main Street Dev., Inc., 693 F. Supp. 2d 1265 (D. Or. 2010). · cites it 2× “Verizon also points out that Oregon Revised Statute § 759.075 grants a limited license for telecommunications companies to enter lands within Oregon for the purpose of constructing service facilities as follows: (1) Any telecommunications utility may: (a) Enter upon lands within…”

Comeaux v. Water Wonderland Improvement Dist., 847 P.2d 841 (Or. 1993). “215(1) (defining “condemnor” to include “a private corporation that has the power to exercise the right of eminent domain”); ORS 759.075 (condemnation by telecommunications utilities); ORS 760.”

Delta Air Lines, Inc. v. Dept. of Rev. (Or. T.C. 2023). “210 (2009), as have telecommunications utilities under ORS 759.075 to 759.080 (2009). 32 Subsection (7) of ORS 759.”

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