(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]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration
Section 758.010 - Authority to construct lines and facilities; requirements and conditions.
Section 758.015 - Certificate of public convenience and necessity.
Section 758.020 - Joint occupancy of poles.
Section 758.035 - Commission’s power to enforce joint use of facilities.
Section 758.125 - Duties and rights not altered by ORS 758.120.
Section 758.215 - Definitions for ORS 758.210 to 758.270.
Section 758.225 - Petition, ordinance or resolution for conversion; contents; filing.
Section 758.230 - Assessment procedure; objections to conversion.
Section 758.240 - Contract with utility for conversion.
Section 758.245 - Payment of costs for conversion; removal of overhead facilities.
Section 758.250 - Conversion of facilities on private lands; procedure; payment of costs.
Section 758.280 - Definitions for ORS 758.280 to 758.286.
Section 758.282 - Immunity of electric utility for pruning or removing vegetation in certain cases.
Section 758.286 - Immunity not applicable to liability for cost of abating fires.
Section 758.300 - Definitions for ORS 758.300 to 758.320.
Section 758.302 - Application for exclusive service territory.
Section 758.305 - Exclusive service territories.
Section 758.315 - Water utility service provided by persons not designated by commission; remedy.
Section 758.400 - Definitions for ORS 758.015 and 758.400 to 758.475.
Section 758.410 - Contracts for allocation of territories and customers; transfer of facilities.
Section 758.420 - Filing of contract; hearing on contract; notice.
Section 758.425 - Order of commission on contract.
Section 758.435 - Application for allocation of territory; hearing; notice.
Section 758.440 - Order of commission on application.
Section 758.460 - Assignment or transfer of rights acquired by allocation; approval of commission.
Section 758.470 - Application to cities, municipalities and cooperatives of ORS 758.400 to 758.475.
Section 758.480 - Assumption of obligations arising out of Trojan Nuclear Plant.
Section 758.505 - Definitions for ORS 758.505 to 758.555.
Section 758.515 - Legislative findings.
Section 758.535 - Criteria for qualifying facility; terms and conditions of energy sale.
Section 758.545 - Electric utility required to make good faith effort to transmit energy; remedy.