71st OREGON LEGISLATIVE ASSEMBLY--2001 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 3149
 
                         House Bill 3068
 
Sponsored by COMMITTEE ON TRANSPORTATION
 
 
                             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.
 
  Authorizes Department of Transportation to charge fee for
permit for utility to construct, maintain or operate facilities
in highway right of way.
  Declares emergency, effective July 1, 2001.
 
                        A BILL FOR AN ACT
Relating to fees for utility work along highways; creating new
  provisions; amending ORS 758.010; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS 374.305 to 374.325. + }
  SECTION 2.  { + The Department of Transportation may charge a
fee to any person or corporation that, in accordance with ORS
758.010, constructs, maintains or operates water, gas, electric
or communication service lines, fixtures or other facilities in
the right of way of a state highway. The fee shall be set so as
to recover the costs to the department of issuing a permit to the
person or corporation and administering the terms of the
permit. + }
  SECTION 3. ORS 758.010 is amended to read:
  758.010. (1) 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
in ORS 368.001 or across rivers or over any lands belonging to
the state, free of  { + any + } charge { +  other than charges
allowed under section 2 of this 2001 Act + }, and over lands of
private individuals, as provided in ORS 772.210. Such lines,
fixtures and facilities shall not be constructed so as to
obstruct any public road or navigable stream.
  (2) A county governing body and the Department of
Transportation have authority to designate the location upon
roads under their respective jurisdiction, outside of cities,
where lines, fixtures and facilities described in this section
may be located, and may order the location of any such line,
fixture or facility to be changed when such governing body or
department deems it expedient. Any line, fixture or facility
erected or remaining in a different location upon such road than
that designated in any order of the governing body or department
is a public nuisance and may be abated accordingly.
 
  (3) The state officer, agency, board or commission having
jurisdiction over any land belonging to the state with respect to
which the right and privilege granted under subsection (1) of
this section is exercised may impose reasonable requirements for
the location, construction, operation and maintenance of the
lines, fixtures and facilities on such land. The person or
corporation exercising such right and privilege over any land
belonging to the state shall pay the current market value for the
existing forest products that are damaged or destroyed in
exercising such right and privilege. Such right and privilege of
any person or corporation is conditioned upon compliance with the
requirements imposed by this subsection.
  SECTION 4.  { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect July 1,
2001. + }
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