Oregon Statutes 824.248 – Apportionments for crossings above or below grade
In any proceeding involving a crossing above or below grade arising under ORS § 824.206 or 824.210, unless the parties agree otherwise, the cost of construction, reconstruction, or alteration of such crossings shall be apportioned as follows:
Terms Used In Oregon Statutes 824.248
- 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) At existing crossings above or below grade: 10 percent of the cost of reconstruction or alteration to the public authority in interest and all remaining costs of reconstruction or alteration to the Grade Crossing Protection Account and the railroad in interest as is just and equitable under the circumstances in each case.
(2) At a new crossing requested by a public authority: All construction costs to the public authority in interest.
(3) At a new crossing requested by a railroad company: All construction costs to the railroad company. [Formerly 763.280]