75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2235
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)
CHAPTER ................
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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Enrolled House Bill 2235 (HB 2235-A) Page 1
Passed by House March 4, 2009
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Chief Clerk of House
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Speaker of House
Passed by Senate May 7, 2009
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President of Senate
Enrolled House Bill 2235 (HB 2235-A) Page 2
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
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Governor
Filed in Office of Secretary of State:
......M.,............., 2009
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Secretary of State
Enrolled House Bill 2235 (HB 2235-A) Page 3