75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 2235
 
LC 610/HB 2235-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2235
 
                 By COMMITTEE ON TRANSPORTATION
 
                           February 26
 
  Delete lines 4 through 20 of the printed bill and insert:
  '  { +  SECTION 1. + } ORS 366.365 is amended to read:
  ' 366.365.  { + (1) + } The Department of Transportation may go
upon private property in the manner provided by ORS 35.220 to
determine the advisability or practicability of locating and
constructing a highway over the property or the source,
suitability or availability of road-building materials thereon.
  '  { +  (2) The department may go upon private property to cut
down or remove trees located on the property without notifying
the property owner if the department has determined that the
trees create an immediate and substantial risk of damage or
injury by obstructing, hanging over or otherwise encroaching or
threatening to encroach in any manner on a state highway.
  ' (3) Within a reasonable amount of time after the department
cuts down or removes trees in the manner provided by subsection
(2) of this section, the department shall locate the property
owner and notify the property owner of the department's actions.
The department may establish the process of notification by
rule. + } ' .
                         ----------