Oregon Statutes 758.010 – Authority to construct lines and facilities; requirements and conditions
(1) Except within cities, any person has a right and privilege to construct, maintain and operate its water, gas, electric or communication service lines, fixtures and other facilities along the public roads in this state, as defined in ORS § 368.001 or across rivers or over any lands belonging to state government, as defined in ORS § 174.111, free of charge, and over lands of private individuals, as provided in ORS § 772.210. Such lines, fixtures and facilities shall not be constructed so as to obstruct any public road or navigable stream.
Terms Used In Oregon Statutes 758.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111
(2) A county governing body and the Department of Transportation have authority to designate the location upon roads under their respective jurisdiction, outside of cities, where lines, fixtures and facilities described in this section may be located, and subject to ORS § 758.025 may order the location of any such line, fixture or facility to be changed when such governing body or department deems it expedient. Any line, fixture or facility erected or remaining in a different location upon such road than that designated in any order of the governing body or department is a public nuisance and may be abated accordingly.
(3) The state officer, agency, board or commission having jurisdiction over any land belonging to state government, as defined in ORS § 174.111, with respect to which the right and privilege granted under subsection (1) of this section is exercised may impose reasonable requirements for the location, construction, operation and maintenance of the lines, fixtures and facilities on such land. The person exercising such right and privilege over any land belonging to state government, as defined in ORS § 174.111, shall pay the current market value for the existing forest products that are damaged or destroyed in exercising such right and privilege. Such right and privilege of any person is conditioned upon compliance with the requirements imposed by this subsection. [Amended by 1955 c.123 § 1; 1971 c.655 § 100; 1981 c.153 § 76; 2001 c.664 3,6; 2009 c.444 § 4; 2015 c.55 § 1]