Chapter 374

374.010

ATTY. GEN. OPINIONS: Construing “throughway,” (1976) Vol 38, p 404

374.055

NOTES OF DECISIONS

In condemnation cases, evidence of the entire plan of improvement, including future plans contemplated but not presently to be implemented, must be considered by the jury in determining damages. State Hwy. Comm. v. Mayem, 19 Or App 234, 526 P2d 1390 (1974), Sup Ct review denied

LAW REVIEW CITATIONS: 8 WLJ 261 (1972)

374.085

NOTES OF DECISIONS

Commission may not avoid paying compensation for loss of direct access by offering roundabout means of access. Highway Comm. v. Boothman, 22 Or App 576, 540 P2d 1020 (1975), Sup Ct review denied

Compensable damages caused by severance are not limited to land’s loss of market value. Highway Comm. v. Boothman, 22 Or App 576, 540 P2d 1020 (1975), Sup Ct review denied

374.305

NOTES OF DECISIONS

Property owner proposing to alter approach road constructed before September 13, 1967, was required to obtain written consent of the Department of Transportation. Spaght v. Dept. of Trans., 29 Or App 681, 564 P2d 1092 (1977), Sup Ct review denied

Failure to obtain permit does not conclusively establish that roadway is public nuisance precluding creation of prescriptive easement. Foster Auto Parts, Inc. v. City of Portland, 171 Or App 278, 15 P3d 573 (2000)

ATTY. GEN. OPINIONS: Establishment of fee schedule to cover expenses of permit issuance for construction on state highway rights-of-way, (1978) Vol 39, p 423

374.310

NOTES OF DECISIONS

Grounds for canceling permits set forth in ORS 374.320 do not limit ability of Department of Transportation to adopt rules or issue permits providing for cancellation under other circumstances. Deupree v. Department of Transportation, 180 Or App 395, 43 P3d 1122 (2002), Sup Ct review denied