Oregon Statutes 824.238 – Division of costs between railroad and public authority
The following costs shall be divided between the railroad and the public authority in interest in such proportion as the Department of Transportation finds just and equitable under the circumstances in each case:
Terms Used In Oregon Statutes 824.238
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(1) That portion of the cost of any alteration or change resulting in the elimination of a grade crossing under ORS § 824.206 (1) by reason of relocation of the highway which is directly chargeable to the grade elimination.
(2) The costs of construction, change, alteration, abolition and relocation of any grade crossing involved in a proceeding arising under ORS § 824.204, 824.206 or 824.226.
(3) The costs of maintenance of crossings above or below grade under ORS § 824.206 and 824.210.
(4) Any cost otherwise apportionable under the terms of ORS § 824.242 to 824.246 or 824.248 (1) to the extent that funds are not available from the Grade Crossing Protection Account. [Formerly 763.250]