73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 1043
 
                         House Bill 2413
 
Sponsored by Representative GARRARD; Representatives BARKER,
  BROWN, BUTLER, FLORES, GILMAN, HANNA, KRIEGER, KROPF, MORGAN,
  SCOTT, P SMITH, Senators ATKINSON, BEYER, GEORGE, MORSE, B
  STARR, C STARR, WESTLUND, WHITSETT, WINTERS
 
 
                             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.
 
  Specifies that alternative access from road or highway that is
not adjoining road or highway is not reasonable when determining
if access is reasonable.
 
                        A BILL FOR AN ACT
Relating to access to highways; amending ORS 374.310.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 374.310 is amended to read:
  374.310. (1) The Department of Transportation with respect to
state highways and the county court or board of county
commissioners with respect to county roads shall adopt reasonable
rules and regulations and may issue permits, not inconsistent
with law, for the use of the rights of way of such highways and
roads for the purposes described in ORS 374.305. However, the
department shall issue no permit for the construction of any
approach road at a location where no rights of access exist
between the highway and abutting real property.
  (2) Such rules and regulations and such permits shall include
such provisions, terms and conditions as in the judgment of the
granting authority may be in the best interest of the public for
the protection of the highway or road and the traveling public
and may include, but need not be limited to:
  (a) Provisions for construction of culverts under approaches,
requirements as to depth of fills over culverts and requirements
for drainage facilities, curbs, islands and other facilities for
traffic channelization as may be deemed necessary.
  (b) With respect to private road crossings, additional
provisions for the angle of intersection, crossing at grade or
other than grade, sight distances, safety measures including
flaggers, crossing signs and signals, reinforcement for
protection of the highway, maintenance of the crossing and for
payment by the applicant of the costs of any of the foregoing.
  (c) With respect to private road crossings, the granting
authority may also require the applicant to furnish public
liability and property damage insurance in a sum fixed by the
granting authority, which insurance shall also indemnify the
members, officers, employees and agents of such authority from
any claim that might arise on account of the granting of the
permit and the crossing of the highway or road by vehicles
operating under the permit; and the granting authority may also
require the applicant to furnish indemnity insurance, an
indemnity bond or an irrevocable letter of credit issued by an
insured institution as defined in ORS 706.008 in a sum fixed by
the granting authority, indemnifying such authority for any
damage to the highways or roads that may be caused by the use of
the crossing.
  (3) The powers granted by this section and ORS 374.315 may not
be exercised so as to deny any property adjoining the road or
highway reasonable access. In determining what is reasonable, the
department or county court or board of county commissioners shall
apply the following criteria:
  (a) The access must be sufficient to allow the authorized uses
for the property identified in the acknowledged local
comprehensive plan.
  (b) The type, number, size and location of approaches must be
adequate to serve the volume and type of traffic reasonably
anticipated to enter and exit the property, based on the planned
uses for the property.
   { +  (c) Alternative access to property from a road or highway
that is not an adjoining road or highway is not reasonable
access. + }
                         ----------