772.210 Right
of entry and condemnation of lands for construction of service facilities. (1) Any public utility, electrical
cooperative association or transmission company may:
(a) Enter upon
lands within this state in the manner provided by ORS 35.220 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. If the lands are covered by trees that are liable to fall and
constitute a hazard to its wire or line, any public utility or transmission
company organized for the purpose of building, maintaining and operating a line
of poles and wires for the transmission of electricity for lighting or power
purposes may condemn such trees for a width not exceeding 300 feet, as may be
necessary or convenient for such purpose.
(2)
Notwithstanding subsection (1) of this section, any public utility, electrical
cooperative association or transmission company 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 that are liable to fall and constitute a hazard to its wire or
line, such public utility or transmission company 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)
Notwithstanding subsection (1) of this section, a water or gas public utility
may condemn such lands, not exceeding 50 feet in width, as may be necessary or
convenient for purposes of constructing, laying, maintaining and operating its
lines, including necessary equipment therefor.
(4) 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. [Amended by 1963 c.138 §1; 1971 c.655 §241; 1977 c.225 §2;
2001 c.913 §9; 2003 c.477 §10]
Notes of Decisions
Pac. Nw. Bell Tel. Co. v. Multnomah Cnty., 681 P.2d 797 (Or. Ct. App. 1984).
“001 or across rivers or over any lands belonging to the state, free of charge, and over lands of private individuals, as provided in ORS 772.210. * * *” Conceding that the statute prohibits charges for use of the right-of-way, defendant contends that fees which merely defray…”
Idaho Power Co. v. Bean, 341 Or. App. 696 (Or. Ct. App. 2025).
“220,” for the pur- pose of “examining, locating and surveying the line thereof and also other lands necessary and convenient for the pur- pose of construction of service facilities, doing no unneces- sary damage thereby,” ORS 772.”
Idaho Power Co. v. Bean, 341 Or. App. 696 (Or. Ct. App. 2025).
“220,” for the pur- pose of “examining, locating and surveying the line thereof and also other lands necessary and convenient for the pur- pose of construction of service facilities, doing no unneces- sary damage thereby,” ORS 772.210(1). Idaho Power is building a 500-kilovolt…”
Delta Air Lines, Inc. v. Dept. of Rev. (Or. T.C. 2023).
“Heat, light, water, and power companies have and had condemnation authority under ORS 772.210 (2009), as have telecommunications utilities under ORS 759.”
Idaho Power Co. v. Bean, 345 Or. App. 482 (Or. Ct. App. 2025).
“In March 2024, Idaho Power filed a petition for pre- condemnation entry onto 516 Ranch, and subsequently moved for an order to show cause “why the Court should not grant Idaho Power Company and its agents, employees, and con- tractors access to and entry upon the Respondents’…”
US West Commc'ns, Inc. v. Jackson Cnty., 881 P.2d 164 (Or. Ct. App. 1994).
“010(1), which provides, in part: “Except within cities, any person or corporation has a right and privilege to construct, maintain and operate its water, gas, electric or communication service lines, fixtures and other facilities along the public roads in this state, as defined…”
— Or. Rev. Stat. § 772.210(1) — 2 cases
Idaho Power Co. v. Bean, 341 Or. App. 696 (Or. Ct. App. 2025).
“220,” for the pur- pose of “examining, locating and surveying the line thereof and also other lands necessary and convenient for the pur- pose of construction of service facilities, doing no unneces- sary damage thereby,” ORS 772.”
Idaho Power Co. v. Bean, 341 Or. App. 696 (Or. Ct. App. 2025).
“220,” for the pur- pose of “examining, locating and surveying the line thereof and also other lands necessary and convenient for the pur- pose of construction of service facilities, doing no unneces- sary damage thereby,” ORS 772.210(1). Idaho Power is building a 500-kilovolt…”
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