Chapter 772 — Rights
of Way for Public Uses
2011 EDITION
RIGHTS OF WAY FOR PUBLIC USES
UTILITY REGULATION
CONDEMNATION OF PROPERTY BY PRIVATE
CORPORATIONS GENERALLY
772.010 Right
of entry for survey of proposed right of way; notice required
772.015 Condemnation
of lands for rights of way and necessary facilities
772.020 Condemnation
of additional land for railway purposes
772.025 Approval
of railroad crossing, intersection or connection
772.030 Condemnation
of right of way through canyon or pass for joint use by railroads
772.035 Acquisition
of water rights by corporations for canal, irrigation, domestic or stock
purposes
772.040 Condemnation
rights of pipe corporations
772.045 Right
to cut timber and build aqueducts
772.050 Condemnation
of riparian rights and for reservoirs
772.055 Condemnation
procedure
772.060 Condemnation
rights for change of grade or location of railway, canal or pipes
772.065 Appropriation
of county road or property in lieu thereof by agreement with county court
772.070 Procedure
on dispute between county and corporation
APPROPRIATION OF PUBLIC LANDS FOR
RAILROADS
772.105 Authority
to appropriate
CONDEMNATION BY PUBLIC UTILITIES AND
ELECTRICAL COOPERATIVE ASSOCIATIONS
772.205 Definitions
for ORS 772.210 and 772.215
772.210 Right
of entry and condemnation of lands for construction of service facilities
772.215 Appropriation
of public lands
CONDEMNATION FOR DRAINAGE OR IRRIGATION
772.305 Condemnation
of right of way for drainage or irrigation
772.310 Right
to enlarge existing irrigation system
CONDEMNATION BY CORPORATIONS FOR
REDUCTION OF ORES, MINING, QUARRIES, LUMBERING AND TRANSPORTATION OF MINING
PRODUCTS
772.405 Condemnation
by corporations for reduction of ores
772.410 Right
of entry and condemnation by mining, quarrying and lumber corporations
772.415 Public
benefit and use of facilities constructed under ORS 772.410
772.420 Condemnation
for transportation of minerals; conditions of reversion
CONDEMNATION BY PIPELINE AND GAS
COMPANIES
772.505 Definitions
for ORS 772.505 to 772.520
772.510 Right
of entry and condemnation by pipeline companies
772.515 Regulation
concerning location of facilities
772.520 Resolution
showing route and termini of pipeline
CONDEMNATION FOR UNDERGROUND NATURAL GAS
STORAGE
772.610 Definitions
for ORS 772.610 to 772.625
772.615 Condemnation
for underground reservoirs; applicability of ORS chapter 35
772.620 Placement
of pipeline facilities
772.625 Resolution
showing proposed route and termini of pipeline
772.005
[Repealed by 1971 c.655 §250]
CONDEMNATION
OF PROPERTY BY PRIVATE CORPORATIONS GENERALLY
772.010 Right of entry for survey of
proposed right of way; notice required. (1) A
corporation organized for the construction of a railway, sewer or canal or of
any ditch or flume for the conducting of water for irrigation or domestic
purposes, or for the purpose of selling water to the public for general
purposes for public use, or for conducting potable or waste water by means of
pipe laid upon or under the surface of the ground; or desiring to use
electrical power in the operation of any railway, shall have a right to enter
upon any land, between the termini thereof or elsewhere, for the purpose of
examining, locating or surveying the lines of such electric or other railway,
sewer, canal, ditch, flume or pipeline, for the purpose of surveying or
measuring any lands or rights appurtenant thereto needed for such purposes,
doing no unnecessary damage thereby.
(2)
Prior to entering upon private land under this section, a person who intends to
enter upon the land shall first provide written notice by first class mail to
the record owner of the private property of such intent to enter. [Amended by
1971 c.655 §232; 1999 c.629 §1]
772.015 Condemnation of lands for rights
of way and necessary facilities. Any
corporation mentioned in ORS 772.010 may condemn so much land as may be
necessary for the lines of such railway, sewer, canal, ditch, flume or
pipeline, not exceeding 100 feet in width, besides a sufficient quantity of
land for toolhouses, workshops, materials for
construction, timber excepted, and a right through such adjacent land to enable
such corporation to construct and repair its lines, poles, towers, wires,
underground wires, supports and necessary equipment, railway, sewer, canal,
ditch, flume or other pipeline, and to make proper drains. [Amended by 1971
c.655 §233; 1999 c.629 §2]
772.020 Condemnation of additional land
for railway purposes. (1) Any railway corporation
mentioned in ORS 772.010 may condemn a sufficient quantity of land in addition
to that specified in ORS 772.015, for necessary sidetracks, spur tracks and
laterals reasonably necessary for manufacturing establishments, also for depot
and water stations, cuttings and embankments, and for the proper construction,
security and convenient operation of its road.
(2)
Any such railway corporation may cross, intersect, join and unite its railway
with any other railway at any point in its route, and upon the grounds of such
other railway corporation, and make the necessary turnouts, sidings, switches
and other conveniences in furtherance of the object of its connection and may
condemn to make such crossings. The railway which is or may be intersected by
new railways, may unite with the owners of such new railways in forming the
intersection and connection, and grant the facilities mentioned in this
subsection.
772.025 Approval of railroad crossing, intersection
or connection. (1) Whenever any railroad corporation,
authorized by ORS 772.020 to condemn the right to cross or connect with any
other right of way or constructed line of railroad, is unable to agree with the
owner of the line which it desires to cross, it may apply to the Department of
Transportation in the manner provided by ORS 824.228 to 824.232.
(2)
Upon such application and upon notice and hearing as provided in ORS chapter
183 for contested cases, the department shall determine the right to crossing,
intersection or connection, the mode and manner thereof and the compensation to
be paid therefor.
(3)
No agreement for the crossing of one railroad by another shall be valid without
the approval of the department. [Amended by 1971 c.655 §234; 1995 c.733 §97;
1997 c.275 §23]
772.030 Condemnation of right of way
through canyon or pass for joint use by railroads.
(1) Any railroad company whose right of way passes through any canyon, pass or
defile shall not prevent any other railroad company from the use and occupancy
of said canyon, pass or defile for the purpose of its
railroad in common with the railroad first located.
(2)
Any railroad company authorized by law to condemn property for right of way or
any other corporate purpose, may commence an action for condemnation of a right
of way through any canyon, pass or defile for the purpose of its railroad,
where right of way has already been located, condemned or occupied by some
other railroad company through such canyon, pass or defile for the purpose of
its railroad.
(3)
Thereupon like proceedings shall be had as are provided by the laws of this
state for the condemnation of land for right of way and other railroad
purposes. At the time of rendering judgment for damages, the court or judge
thereof shall enter a judgment authorizing the railroad to occupy and use the
right of way, roadbed and track, if necessary, in common with the railroad
company already occupying or owning the same, and defining the terms and
conditions upon which the same shall be so occupied and used in common. [Amended
by 2003 c.576 §564]
772.035 Acquisition of water rights by
corporations for canal, irrigation, domestic or stock purposes.
Any corporation organized in whole or in part for the construction of a canal
for navigating or manufacturing purposes or of any ditch or flume for the
purpose of conveying water for irrigating, domestic or stock purposes may
condemn such waterways, water rights or privileges, or otherwise acquire
established water rights or privileges, or those initiated by performing any
acts required, provided or permitted by law, as may be necessary or convenient
for the purpose of supplying, operating, constructing or maintaining the same.
772.040 Condemnation rights of pipe
corporations. Except in cities, any corporation
organized for conducting water by means of pipe laid upon or under the surface
of the ground may, so far as may be necessary for the laying and keeping in
repair its water pipes, condemn the use of so much land as may be necessary,
and may make whatever cuts and excavations as soon as practicable after
condemnation.
772.045 Right to cut timber and build
aqueducts. Any railway corporation mentioned in
ORS 772.010 may cut down any standing timber in danger of falling upon its line
or railway, making compensation therefor as provided
in ORS 772.055 for lands taken for the use of the corporation. [Amended by 1971
c.655 §235]
772.050 Condemnation of riparian rights
and for reservoirs. Any corporation mentioned in ORS
772.010 may also condemn:
(1)
The rights of riparian proprietors in any lake or stream, to enable such
corporation to develop, manufacture or furnish electrical energy for the
operation of any railway in this state.
(2)
Lands for the sites of reservoirs for storing water for future use, and for
rights of way for feeders carrying water to reservoirs, and for ditches,
canals, flumes or pipelines carrying the same away. [Amended by 1971 c.655 §236]
772.055 Condemnation procedure.
No condemnation of private property shall be made under ORS 772.010 to 772.020
or 772.030 to 772.050 until compensation is made to the owner thereof, irrespective
of any increased value thereof by reason of the proposed improvement by such
corporation, in the manner provided in ORS chapter 35.
772.060 Condemnation rights for change of
grade or location of railway, canal or pipes. Any
corporation may change the grade or location of its railway, canal or pipes for
the purpose of avoiding annoyances to public travel or dangerous or deficient
curves or grades, or unsafe or unsubstantial grounds or foundation, or for
other like reasonable causes. For the accomplishment of such change it has the
same right to enter upon, examine, survey and appropriate the necessary lands
and materials as in the original location and construction of such railway,
canal or water pipes. [Amended by 1971 c.655 §237]
772.065 Appropriation of county road or
property in lieu thereof by agreement with county court.
(1) Whenever it is necessary for any corporation mentioned in ORS 772.010 to
appropriate all or part of any county road or highway for right of way, the
corporation may appropriate so much of the road as may be necessary, and in
lieu thereof may condemn or otherwise acquire property contiguous to or as near
adjacent to the road as possible in an amount equal to the property to be
appropriated.
(2)
Upon construction by the corporation of a county road or highway on the
property so acquired in a manner conformable in the material character of the
construction of said highways appropriated and upon the same grade or such
other grade as may be agreed upon by the corporation and the county court or
board of county commissioners of the county in which the road is located, and
upon the acceptance by the county court or board of such newly constructed
road, and on the conveyance of same to the county, the corporation shall then
become the owner and entitled to the possession of so much of the county road
or highway so appropriated.
(3)
ORS 772.065 and 772.070 do not apply to roads or streets within any platted or
incorporated city or town, or any addition thereto.
772.070 Procedure on dispute between
county and corporation. (1) If the county court or board
of county commissioners and corporation cannot agree upon the matters of
appropriation under ORS 772.065, the dispute shall be referred to the Public
Utility Commission.
(2)
The commission, after notice and hearing, shall by order determine the terms
and conditions upon which the corporation may appropriate the county road or
highway. [Amended by 1971 c.655 §238]
772.100
[Repealed by 1971 c.655 §250]
APPROPRIATION OF PUBLIC LANDS FOR
RAILROADS
772.105 Authority to appropriate.
(1) When it is necessary or convenient in the location of any railway to
appropriate any part of any public road, street, alley or public grounds not
within the corporate limits of a municipal corporation, the county court of the
county wherein such road, street, alley or public grounds is located, may agree
with the corporation constructing the road, upon the extent, terms and
conditions upon which the same may be appropriated or used, and occupied by such
corporation. If the parties are unable to agree, the corporation may
appropriate so much thereof as is necessary and convenient in the location and
construction of the road.
(2)
Whenever a private corporation is authorized to appropriate any public highway
or grounds as mentioned in subsection (1) of this section, within the limits of
any town, whether incorporated or not, such corporation shall locate their road
upon such particular road, street, alley or public grounds, within such town as
the local authorities designate. If the local authorities fail to make such
designation within a reasonable time when requested, the corporation may make
such appropriation without reference thereto. [Amended by 1971 c.655 §239]
772.110
[Repealed by 1971 c.655 §250]
772.115
[Repealed by 1971 c.655 §250]
772.120
[Repealed by 1971 c.655 §250]
772.125
[Amended by 1953 c.160 §3; repealed by 1971 c.655 §250]
772.130
[Repealed by 1971 c.655 §250]
772.135
[Repealed by 1971 c.655 §250]
772.140
[Repealed by 1971 c.655 §250]
772.145
[Repealed by 1971 c.655 §250]
772.150
[Repealed by 1971 c.655 §250]
772.155
[Repealed by 1971 c.655 §250]
772.160
[Repealed by 1971 c.655 §250]
CONDEMNATION BY PUBLIC UTILITIES AND
ELECTRICAL COOPERATIVE ASSOCIATIONS
772.205 Definitions for ORS 772.210 and 772.215.
As used in ORS 772.210 and 772.215, unless the context requires otherwise:
(1)
“Electrical cooperative association” means a cooperative association which is
subject to a tax on gross revenue derived from the use or operation of
transmission and distribution lines pursuant to ORS 308.805 to 308.820.
(2)
“Public utility” has the meaning given that term in ORS 757.005.
(3)
“Service facilities” include any line, wire, pipe, conduit, main, pump, pole,
tower, fixture, structure, shop, office or building for any use or purpose
reasonably necessary and incident to the conduct of the business of a public
utility.
(4)
“Transmission company” has the meaning given that term in ORS 758.015. [Amended
by 1971 c.655 §240; 1977 c.225 §1; 2001 c.913 §8]
772.210 Right of entry and condemnation of
lands for construction of service facilities. (1)
Any public utility, electrical cooperative association or transmission company
may:
(a)
Enter upon lands within this state in the manner provided by ORS 35.220 for the
purpose of examining, locating and surveying the line thereof and also other
lands necessary and convenient for the purpose of construction of service
facilities, doing no unnecessary damage thereby.
(b)
Condemn such lands not exceeding 100 feet in width for its lines (including
poles, towers, wires, supports and necessary equipment therefor)
and in addition thereto, other lands necessary and convenient for the purpose
of construction of service facilities. If the lands are covered by trees that
are liable to fall and constitute a hazard to its wire or line, any public
utility or transmission company organized for the purpose of building,
maintaining and operating a line of poles and wires for the transmission of
electricity for lighting or power purposes may condemn such trees for a width
not exceeding 300 feet, as may be necessary or convenient for such purpose.
(2)
Notwithstanding subsection (1) of this section, any public utility, electrical
cooperative association or transmission company may, when necessary or
convenient for transmission lines (including poles, towers, wires, supports and
necessary equipment therefor) designed for voltages
in excess of 330,000 volts, condemn land not to exceed 300 feet in width. In
addition, if the lands are covered by trees that are liable to fall and
constitute a hazard to its wire or line, such public utility or transmission
company may condemn such trees for a width not exceeding 100 feet on either
side of the condemned land, as may be necessary or convenient for such purpose.
(3)
Notwithstanding subsection (1) of this section, a water or gas public utility
may condemn such lands, not exceeding 50 feet in width, as may be necessary or
convenient for purposes of constructing, laying, maintaining and operating its
lines, including necessary equipment therefor.
(4)
The proceedings for the condemnation of such lands shall be the same as that
provided in ORS chapter 35, provided that any award shall include, but shall
not be limited to, damages for destruction of forest growth, premature cutting
of timber and diminution in value to remaining timber caused by increased
harvesting costs. [Amended by 1963 c.138 §1; 1971 c.655 §241; 1977 c.225 §2;
2001 c.913 §9; 2003 c.477 §10]
772.215 Appropriation of public lands.
When it is necessary or convenient, in the location of any poles or lines
mentioned in ORS 772.210, to appropriate any part of any public road, street,
alley or public grounds not within the corporate limits of any municipal
corporation, the county court or board of county commissioners of the county
within which such road, street, alley or public grounds is located, may agree
with the public utility or electrical cooperative association upon the extent,
terms and conditions upon which the same may be appropriated or used and
occupied by such corporation. If such parties are unable to agree, the public
utility or electrical cooperative association may condemn so much thereof as is
necessary and convenient in the location and construction of the poles or
lines. The provisions of ORS chapter 35 are applicable to condemnations under
this section. [Amended by 1971 c.655 §242; 1971 c.741 §24; 1977 c.225 §3]
772.220
[Repealed by 1971 c.655 §250]
CONDEMNATION FOR DRAINAGE OR IRRIGATION
772.305 Condemnation of right of way for
drainage or irrigation. (1) The United States, the
state, or any person, firm, cooperative, association or corporation, shall have
the right of way across and upon public, private and corporate lands or other
rights of way, for the construction, maintenance, repair and use of all
necessary reservoirs, dams, water gates, canals, ditches, flumes, tunnels,
pipelines or other means of securing, storing and conveying water for
irrigation or for drainage, or any other beneficial purpose, upon payment of
just compensation therefor.
(2)
But such right of way shall in all cases be so constructed, obtained, located
and exercised in a manner consistent with proper and economical and engineering
construction, so as not to unnecessarily impair practical use of any other
right of way, highway or public or private road, nor to unnecessarily injure
any public or private property.
(3)
Such right of way may be acquired in the manner provided by law for the taking
of private property for public use. If a water right permit is required under
the applicable provisions of ORS chapter 537 in order to use, store or convey
water within the right of way, a person, firm, cooperative, association or
corporation may not acquire a right of way under this subsection before
obtaining a water right permit or obtaining a final order of the Water
Resources Department approving an application for a water right permit.
(4)
In determining just compensation under subsection (1) of this section for a
right of way across forestlands, consideration shall be given, but not limited
to, the effect of the right of way on:
(a)
Access to the whole of the affected parcel;
(b)
Ease and method of timber harvesting or other commercial uses of the affected
parcel; and
(c)
Any agricultural or silvicultural activities on the
affected parcel, including but not limited to application of chemicals,
cultivation or harvesting activities and movement of equipment associated with
any of the above activities. [Amended by 1989 c.509 §1; 1995 c.365 §8]
772.310 Right to enlarge existing
irrigation system. (1) When the United States, the
state, or any person, firm or corporation desires to convey water for
irrigation, drainage or for any other beneficial purpose, and there is a canal
or ditch already constructed that can be enlarged to convey the required
quantity of water, then the United States, the state, or any such person, firm
or corporation, or the owner or owners of the land through which a new canal or
ditch would have to be constructed to convey the quantity of water necessary,
may enlarge the canal or ditch already constructed, by compensating the owner
of the canal or ditch to be enlarged for the damages, if any, caused by the
enlargement.
(2)
The enlargement may be made at any time between October 1 and March 1, but not
any other times, unless upon agreement in writing with the owner or owners of
the canal or ditch.
(3)
If a water right permit is required under the applicable provisions of ORS
chapter 537 in order to use, store or convey water within the enlargement, a
person, firm, cooperative, association or corporation may not acquire an
enlargement under this section before obtaining a water right permit or
obtaining a final order of the Water Resources Department approving an
application for a water right permit. [Amended by 1989 c.509 §2; 1995 c.365 §9]
772.315
[Repealed by 1971 c.655 §250]
CONDEMNATION BY CORPORATIONS FOR
REDUCTION OF ORES, MINING, QUARRIES, LUMBERING AND TRANSPORTATION OF MINING
PRODUCTS
772.405 Condemnation by corporations for
reduction of ores. (1) Every corporation organized
for the construction and operation of mills, smelters and other works for the
reduction of ores authorized to do business within the state may condemn lands
and property for the discharge and natural distribution of smoke, fumes and
dust from such works in the manner provided by ORS chapter 35.
(2)
The use of lands by such corporation for the purpose of the discharge and
natural distribution of smoke, fumes and dust from any such mill, smelter or
other works for the reduction of ores, under the conditions prescribed in this
section hereby is declared to be a public use.
(3)
The right of eminent domain shall not be exercised by such corporation:
(a)
Beyond a radius of four miles from such mill, smelter or other works for the
reduction of ores.
(b)
On any land situated within a radius of five miles of the corporate limits of
any city in the state.
(c)
Until after such corporation has acquired the right to use 50 percent of the
area of the lands within a radius of four miles from the mill, smelter or other
works for the reduction of ores.
772.410 Right of entry and condemnation by
mining, quarrying and lumber corporations. Any
corporation organized for the purpose of opening or operating any gold, silver,
or copper vein or lode, or any coal or other mine, or any marble, stone or
other quarry, or for cutting or transporting timber, lumber, or cordwood, or
for the manufacture of lumber:
(1)
May construct and operate railroads, skid roads, tramways, chutes, pipelines
and flumes between such points as may be indicated in their articles of
incorporation.
(2)
May enter upon any land between such points in the manner provided by ORS
35.220 for the purpose of examining, locating and surveying the line of such
railroads, skid roads, tramways, chutes, pipelines and flumes, doing no
unnecessary damage thereby.
(3)
May condemn so much of said land as may be necessary for the purposes of this
section, not exceeding 60 feet in width by a condemnation action as prescribed
by ORS chapter 35. [Amended by 1953 c.559 §3; 2003 c.477 §11]
772.415 Public benefit and use of
facilities constructed under ORS 772.410. (1)
Railroads, skid roads, tramways, chutes, pipelines or flumes constructed under
ORS 772.410 shall be deemed to be for public benefit.
(2)
Such railroad shall afford to all persons equal facilities for the
transportation of freight upon payment or tender of reasonable compensation therefor, but shall not be required to carry passengers.
(3)
Such skidway, tramway, chute, pipeline or flume shall
afford to all persons equal facilities in the use thereof for the purpose to
which they are adapted, upon tender or payment of the reasonable compensation
for such use. [Amended by 1953 c.559 §3]
772.420 Condemnation for transportation of
minerals; conditions of reversion. (1) Any
person requiring land for a right of way for the transportation of the products
of mines located in this state may acquire such land for such purposes in the
manner and subject to the rights, privileges and liabilities under ORS 376.505
to 376.540.
(2)
Lands acquired under this section shall not revert to the original owner, the
heirs and assigns of the original owner, until their use as contemplated in
this section has ceased for a period of five years.
CONDEMNATION BY PIPELINE AND GAS
COMPANIES
772.505 Definitions for ORS 772.505 to
772.520. As used in ORS 772.505 to 772.520,
unless the context otherwise requires:
(1)
“Pipeline” includes pipes, lines, natural gas mains or lines and their
appurtenances, including but not limited to pumps and pumping stations, used in
transporting or distributing fluids, including petroleum and petroleum products
or natural gases.
(2)
“Pipeline company” includes any corporation, partnership or limited
partnership, transporting, selling or distributing fluids, including petroleum
products, or natural gases and those organized for constructing, laying,
maintaining or operating pipelines, which are engaged, or which propose to
engage in, the transportation of such fluids or natural gases. [Amended by 1971
c.655 §242a; 1989 c.821 §1]
772.510 Right of entry and condemnation by
pipeline companies. (1) Any pipeline company that is
a common carrier and that is regulated as to its rates or practices by the
United States or any agency thereof, may enter in the manner provided by ORS
35.220 upon lands within this state outside the boundaries of incorporated
cities.
(2)
This right may be exercised for the purpose of examining, surveying and locating
a route for any pipeline, but it shall not be done so as to create unnecessary
damage.
(3)
These pipeline companies may appropriate and condemn such lands, or easements
thereon or thereover, in such width as is reasonably
necessary to accomplish their pipeline company purposes, by proceedings for
condemnation as prescribed by ORS chapter 35. [Amended by 1971 c.655 §243; 1989
c.821 §2; 2003 c.477 §12]
772.515 Regulation concerning location of
facilities. (1) Whenever such pipelines are laid
along a public road, they shall be placed as closely as practicable to the
extreme outside edge of the right of way of such road.
(2)
With the exception of pumping, compressor, regulator or meter station
buildings, no pipes or pipelines shall pass under any building in this state.
Such pipes or pipelines shall not pass through or under any cemetery except by
the consent of the owner thereof.
(3)
When cultivated lands are appropriated under ORS 772.510, such pipes and
pipelines shall be well buried under ground, in conformance with federal
pipeline safety regulations in effect at the time of construction, and such
surface shall be properly and promptly restored by such pipeline company unless
otherwise consented to by the owner of such land.
(4)
When unimproved lands of another are appropriated under ORS 772.510 and such
lands thereafter become cultivated or improved, such pipes or pipelines shall
be buried by the pipeline company as provided in subsection (3) of this
section, within a reasonable time after notice by the owner of such lands, or
the agent of the owner, to the pipeline company or its agent. [Amended by 1989
c.821 §3]
772.520 Resolution showing route and
termini of pipeline. (1) Prior to the filing of any
condemnation action under ORS 772.510, the pipeline company shall adopt a
resolution showing the approximate route and termini of the proposed pipeline,
or the extension or branch of any existing pipeline.
(2)
A copy of this resolution, certified by the pipeline company, shall be filed in
the office of the Secretary of State, in the office of each county clerk of
those counties where such pipeline, extension or branch of an existing pipeline
is proposed to be constructed, and also in the office of the Public Utility
Commission. [Amended by 1989 c.821 §4]
772.525
[Repealed by 1971 c.655 §250]
772.555
[Repealed by 1971 c.655 §250]
772.560
[Repealed by 1971 c.655 §250]
772.605
[Repealed by 1971 c.655 §250]
CONDEMNATION FOR UNDERGROUND NATURAL GAS
STORAGE
772.610 Definitions for ORS 772.610 to
772.625. As used in ORS 772.610 to 772.625,
unless the context otherwise requires:
(1)
“Natural gas company” means every corporation, company, association, joint
stock association, partnership or person authorized to do business in this
state and engaged in the transportation, distribution or underground storage of
natural gas.
(2)
“Pipeline” has the meaning given that term in ORS 772.505 (1).
(3)
“Underground reservoir” means any subsurface sand, strata, formation, aquifer,
cavern or void whether natural or artificially created, suitable for the
injection and storage of natural gas therein and the withdrawal of natural gas therefrom, but excluding a “pool.”
(4)
“Underground storage” means the process of injecting and storing natural gas
within and withdrawing natural gas from an underground reservoir. [1977 c.296 §8;
1989 c.821 §5]
772.615 Condemnation for underground
reservoirs; applicability of ORS chapter 35. Any
natural gas company may condemn for its use for the underground reservoir, as
well as other property or interests in property which may be necessary to
adequately maintain and utilize the underground reservoir for the underground
storage of natural gas, including easements and rights of way for access to and
egress from the underground storage reservoir. The provisions of ORS chapter 35
and ORS 520.340 and 520.350 are applicable to any condemnation action brought
under this section. [1977 c.296 §9]
772.620 Placement of pipeline facilities.
(1) Whenever a pipeline or appurtenance used in conjunction with the
underground storage of natural gas in an underground reservoir is laid along a
public road, it shall be placed as closely as practicable to the extreme
outside edge of the right of way of the road.
(2)
Such pipeline or appurtenance shall not be located under or pass through or
under any cemetery, church, college, schoolhouse, residence, business or
storehouse, or through or under any building in this state, except by the
consent of the owner thereof.
(3)
When cultivated lands are appropriated under ORS 772.615, such pipelines shall
be well buried underground, at least 20 inches under the surface, which shall
be properly and promptly restored by the natural gas company unless otherwise
consented to by the owner of the land.
(4)
When unimproved lands are appropriated under ORS 772.615 and thereafter become
cultivated or improved, such pipelines shall be buried by the natural gas
company as provided in subsection (3) of this section, within a reasonable time
after notice by the owner of such lands, or the agent of the owner, to the
natural gas company or its agent. [1977 c.296 §10]
772.625 Resolution showing proposed route
and termini of pipeline. (1) Prior to the filing of any
condemnation action under ORS 772.615, the natural gas company shall adopt a
resolution showing the approximate route and termini of any proposed pipeline,
or the extension or branch of any existing pipeline, to be used in conjunction
with the underground storage of natural gas, and showing the location and
formation of any underground reservoir to be used for the underground storage
of natural gas.
(2)
A copy of this resolution shall be filed in the office of the Secretary of
State, and also in the office of the county clerk of each county or counties
where such pipeline, extension or branch of an existing pipeline, or
underground reservoir is proposed to be constructed or utilized for the
underground storage of natural gas, and also published in a newspaper of
general circulation in each county. [1977 c.296 §11]
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