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Oregon Revised Statutes

Or. Rev. Stat. § 824.206 (2026)

Elimination, relocation or alteration of grade crossing; installation or alteration of protective devices

✓ current as of May 2026
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      824.206 Elimination, relocation or alteration of grade crossing; installation or alteration of protective devices. (1) The Department of Transportation may, upon its own motion or upon application by a railroad or the public authority in interest, subsequent to a hearing, unless a hearing is not required under ORS 824.214, and upon finding that such action is required by the public safety, necessity, convenience and general welfare:

      (a) Eliminate a grade crossing by relocation of the highway;

      (b) Alter or abolish any grade crossing or change the location thereof, or require a separation of grades at any such crossing;

      (c) Alter or change any existing crossing at separated grades; and

      (d) Require installation or alteration of protective devices.

      (2) The department shall prescribe the time and manner of such alteration, change, installation or alteration, and the terms and conditions thereof. [Formerly 763.030; 1997 c.249 §250; 1997 c.275 §16]

Notes of Decisions
Cited in 1 case, 2005–2005 · leading case: Klamath Cnty. v. Dep't of Transp., 116 P.3d 924 (Or. Ct. App. 2005).
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Klamath Cnty. v. Dep't of Transp., 116 P.3d 924 (Or. Ct. App. 2005). · cites it 7× “Under that statement of policy, ODOT is to use the criteria in ORS 824.206(1) to determine when it is possible to eliminate a crossing — or, at least, to make it safer — by one of the methods that the legislature described.”
— Or. Rev. Stat. § 824.206(1) — 1 case
Klamath Cnty. v. Dep't of Transp., 116 P.3d 924 (Or. Ct. App. 2005). “Under that statement of policy, ODOT is to use the criteria in ORS 824.206(1) to determine when it is possible to eliminate a crossing — or, at least, to make it safer — by one of the methods that the legislature described.”
— Or. Rev. Stat. § 824.206(l)(a) — 1 case
Klamath Cnty. v. Dep't of Transp., 116 P.3d 924 (Or. Ct. App. 2005). “Under that statement of policy, ODOT is to use the criteria in ORS 824.206(1) to determine when it is possible to eliminate a crossing — or, at least, to make it safer — by one of the methods that the legislature described.”
— Or. Rev. Stat. § 824.206(l)(b) — 1 case
Klamath Cnty. v. Dep't of Transp., 116 P.3d 924 (Or. Ct. App. 2005). “Under that statement of policy, ODOT is to use the criteria in ORS 824.206(1) to determine when it is possible to eliminate a crossing — or, at least, to make it safer — by one of the methods that the legislature described.”
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