Bill Text: OR SB408 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to highway access management.

Sponsorship: Bipartisan Bill

Status: (Passed) 2013-07-02 - Effective date, January 1, 2014. [SB408 Detail]

Download: Oregon-2013-SB408-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1544

                         Senate Bill 408

Sponsored by Senator JOHNSON (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Grants written permission by Department of Transportation for
existing unpermitted approach roads under certain circumstances.
Provides that written permission qualifies as approach permit.
  Requires property owner that has approach permit to be
responsible for cost and performance of maintaining approach
road.

                        A BILL FOR AN ACT
Relating to highway access management; creating new provisions;
  and amending ORS 374.313, 374.335 and 374.345.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this 2013 Act are added to
and made a part of ORS 374.302 to 374.330. + }
  SECTION 2.  { + (1) An owner of real property abutting a state
highway with an existing approach road has the Department of
Transportation's written permission for the approach road if
documentation for a highway project completed by the department
shows that the approach road was built or rebuilt as part of the
project or that the department intended to issue an approach
permit to the property owner for the approach road.
  (2) An owner of real property abutting a state highway with an
approach road that was in existence before April 1, 2000, is
presumed to have the department's written permission for the
approach road if there is documentation in any form that shows:
  (a) That the approach road also was in existence before July
16, 1949;
  (b) That the approach road also was in existence before the
department accepted jurisdiction of the highway from a city or
county; or
  (c) That the approach road was built or rebuilt with the
department's knowledge or permission.
  (3) Subsections (1) and (2) of this section apply only where
there is a right of access to the state highway.
  (4) For approach roads granted written permission under this
section, the determination of prior use for the purposes of ORS
374.312 (4) and (5) is the use of the property on the effective
date of this 2013 Act.
  (5) The department may rebut the presumption under subsection
(2) of this section by a showing that there is insufficient
documentation to determine whether the approach road was built or
rebuilt with the department's permission.
  (6) Except as provided in this section, an approach road built
without the department's written permission is subject to closure
as provided in ORS 374.307.
  (7) For purposes of this section and ORS 374.305 and 374.307
and section 3 of this 2013 Act, written permission granted by the
department for an approach road is deemed to be an approach
permit issued by the department under ORS 374.310. + }
  SECTION 3.  { + An owner of real property abutting a state
highway with an existing approach road that is presumed to have
written permission under section 2 of this 2013 Act or that has
an approach permit under ORS 374.310 is responsible for the cost
and performance of maintaining the approach road, in accordance
with the Department of Transportation's requirements, from the
outermost edge of the highway pavement, shoulder or curb line to
the right-of-way line, and shall maintain all portions of the
approach road on the owner's property. + }
  SECTION 4. ORS 374.313 is amended to read:
  374.313. (1) If the Department of Transportation closes an
approach road for which a permit was issued under ORS
374.310 { +  or section 2 of this 2013 Act + } or that was
allowed by law prior to enactment of statutory permit
requirements for approach roads, or if the department denies an
application for an approach road permit submitted pursuant to a
grant or reservation of access contained in a contract,
condemnation judgment or recorded deed, and the closure or denial
is not the result of conditions contained in a contract,
condemnation judgment, recorded deed or permit, a person holding
an interest in the real property benefited by the access or
proposed access may file a claim for relief as a contested case
under ORS 183.415 to 183.500.
  (2) Prior to issuing a final order in a contested case under
subsection (1) of this section, the Director of Transportation
may provide the opportunity for the parties to participate in
mediation consistent with the applicable provisions of ORS 36.185
to 36.210. In any alternative dispute resolution proceeding, the
director may authorize administrative remedies, including
monetary damages or other relief, as determined by the department
by rule, to address issues related to real property value,
utility or use.
  (3) In any proceeding under this section, any party may cause
an appraisal of the subject property to be conducted. If the
difference in value between a property owner's claim and an offer
of monetary compensation by the department is less than $30,000,
the director shall provide a simplified procedure for resolving
the claim. The cost of conducting an appraisal may be shared by
the parties when a mutually acceptable appraiser can be
identified.
  SECTION 5. ORS 374.335 is amended to read:
  374.335. Where any private road crosses or is crossed by a
public highway { + , + } the   { - driving - }
 { + operation + } of a motor vehicle across the public highway
or upon the public highway for a distance of not   { - to
exceed - }   { + more than + } 1,200 feet in the use of the
private road is not subject to ORS 811.450, 815.155, 815.160,
815.170, 818.020, 818.060, 818.090, 818.110, 818.160, 818.300,
818.320, 818.340, 818.350, 818.400 and ORS chapter 825, provided
such vehicle or vehicle use is:
  (1) Subject to a permit issued pursuant to ORS 374.309 or
374.310   { - or a person authorized by such permittee - }  { +
or section 2 of this 2013 Act, or such vehicle or vehicle use is
authorized by the owner of the property subject to the
permit + }; or
  (2) A farm tractor or implement of husbandry.
  SECTION 6. ORS 374.345 is amended to read:
  374.345. The Department of Transportation shall adopt rules
regulating the procedures and circumstances under which the
department may restrict turning movements onto a state highway
from an approach road for which a permit was issued under ORS
374.310 { +  or section 2 of this 2013 Act + } when the
restriction is not required by contract, condemnation judgment,
recorded deed or permit.
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