75th OREGON LEGISLATIVE ASSEMBLY--2009 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 610
 
                           A-Engrossed
 
                         House Bill 2235
                Ordered by the House February 26
          Including House Amendments dated February 26
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of 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.
 
  Permits Department of Transportation to go upon private
property without notice and cut down or remove trees that are
creating substantial risk of damage or injury by obstructing,
hanging over or otherwise encroaching or threatening to encroach
in any manner on state highway. Directs department to notify
property owner after cutting down or removing trees.
 
                        A BILL FOR AN ACT
Relating to hazardous trees along state highways; amending ORS
  366.365.
Be It Enacted by the People of the State of Oregon:
  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. + }
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