Chapter 366
ATTY. GEN. OPINIONS: Use and
distribution of State Highway Fund, (1975) Vol 37, p
599
366.112
ATTY. GEN. OPINIONS: Members of State
Advisory Committee on Bicycles who cease to fulfill requirements, (1980) Vol 40, p 353
366.205
NOTES OF DECISIONS
The
authority of the State of Oregon without reference to protection of the public’s
recreation lands and rights in land along the ocean shores is vested
exclusively in the Department of Transportation. State ex rel
Johnson v. Bauman, 7 Or App 479, 492 P2d 284 (1971)
Grant
of general supervision and control under this section and exclusive authority
over adopted and designated highway system under ORS 366.290 are indicative of
legislative intent to impose duty upon state to make highway travel reasonably
safe to general public; “improvement, maintenance, repair and operation” are
mandated functions and state has no discretion to engage in “non-decisions”
regarding duties delineated by these mandated functions. Little v. Wimmer, 303 Or 580, 739 P2d 564 (1987)
ATTY. GEN. OPINIONS: City authority to
construct speed bumps to control vehicle speed, (1975) Vol
37, p 653
366.290
NOTES OF DECISIONS
Exclusive
authority over adopted and designated highway system under this section and
grant of general supervision and control under ORS 366.205 are indicative of
legislative intent to impose duty upon state to make highway travel reasonably
safe to general public; “improvement, maintenance, repair and operation” are
mandated functions and state has no discretion to engage in “non-decisions”
regarding duties delineated by these mandated functions. Little v. Wimmer, 303 Or 580, 739 P2d 564 (1987)
Closing
portion of state road does not “eliminate” road from state highway system.
Klamath County v. Department of Transportation, 201 Or App 10, 116 P3d 924
(2005)
366.300
NOTES OF DECISIONS
Where
this section provides procedure for abandonment of sections of state highway
eliminated upon relocation or realignment of highway, that procedure is the
exclusive means by which a state highway may be abandoned. Poe v. Department of
Transportation, 42 Or App 493, 600 P2d 300 (1979), Sup Ct review denied
ATTY. GEN. OPINIONS: Disposition of
highway right-of-way no longer needed for highway purposes, (1977) Vol 38, p 890
366.320
NOTES OF DECISIONS
Proposed
use of property acquired by condemnation need not be lawful use at time of
acquisition. Oregon Department of Transportation v. Schrock Farms, 140 Or App
140, 914 P2d 1116 (1996), Sup Ct review denied
366.340
NOTES OF DECISIONS
Proposed
use of property acquired by condemnation need not be lawful use at time of
acquisition. Oregon Department of Transportation v. Schrock Farms, 140 Or App
140, 914 P2d 1116 (1996), Sup Ct review denied
366.395
ATTY. GEN. OPINIONS: Discretion in
manner of selling property by the Department of Transportation, (1975) Vol 37, p 773; disposition of highway right-of-way no
longer needed for highway purposes, (1977) Vol 38, p
890; exchange of state right-of-way for city owned right-of-way, (1977) Vol 38, p 1421; transfer of certain properties by
Department of Transportation to Port of Morrow, (1978) Vol
38, p 1731
366.514
NOTES OF DECISIONS
Expenditure
of one percent minimum amount on footpath and bicycle trail activities in
general does not satisfy requirement that specific expenditures be made where
roadways are constructed or reconstructed. Bicycle Transportation Alliance v.
City of Portland, 133 Or App 422, 891 P2d 692 (1995), Sup Ct review denied
ATTY. GEN. OPINIONS: Using one-half of
division appropriation in budgeting for footpaths and bicycle trails, (1972) Vol 36, p 1; method of determining amount of money to be
spent by Highway Division on footpaths and bicycle trails, (1974) Vol 37, p 235; consideration of miscellaneous revenue
sources in computing 1% monies from Highway Fund, (1977) Vol
38, p 1493; bicycle parking facilities, educational programs, trail maps, route
signs and Advisory Commission compensation expenses as charges against bicycle
and footpath fund, (1978) Vol 39, p 400; use of money
set aside for footpaths and bicycle trails for construction of
bicycle-pedestrian bridge over river, (1981) Vol 41,
p 545
366.525 to 366.540
See
annotations under ORS 366.762 to 366.768.
366.525
See
annotations under ORS 366.762.
366.535
See
annotations under ORS 366.766.
366.568
(formerly
366.735)
ATTY. GEN. OPINIONS: Use and
distribution of State Highway Fund, (1975) Vol 37, p
599
366.735
See
annotations under ORS 366.568.
366.762 to 366.768
(formerly
366.525 to 366.540)
ATTY. GEN. OPINIONS: Crediting interest
earned from investment of unsegregated money held by
county treasurer, (1971) Vol 35, p 1020;
constitutionality of Highway Fund advance to Multnomah County to acquire golf
course, (1975) Vol 37, p 460
366.762
(formerly
366.525)
ATTY. GEN. OPINIONS: Basis for figuring
funds allocated to footpaths and bicycle trails, (1972) Vol
36, p 1
366.766
(formerly
366.535)
ATTY. GEN. OPINIONS: Distribution on a
monthly basis, (1976) Vol 37, p 1518
366.785 to 366.820
ATTY. GEN. OPINIONS: Distribution of
state moneys when all land within city is owned by private party, (1983) Vol 44, p 20; Use of highway funds for maintenance or
policing of private roads within city, (1983) Vol 44,
p 20
366.800
ATTY. GEN. OPINIONS: Basis for figuring
funds allocated to footpaths and bicycle trails, (1972) Vol
36, p 1.; Distribution of Highway Fund money to cities taking into account
population adjustment of corrected certificate of population, (1983) Vol 44, p 52
366.810
ATTY. GEN. OPINIONS: Distribution on a
monthly basis, (1976) Vol 37, p 1518