(a) Enter upon lands within this state in the manner provided by ORS 35.220 for the purpose of examining, locating and surveying the line thereof and also other lands necessary and convenient for the purpose of construction of service facilities, doing no unnecessary damage thereby.
(b) Condemn such lands not exceeding 100 feet in width for its lines (including poles, towers, wires, supports and necessary equipment therefor) and in addition thereto, other lands necessary and convenient for the purpose of construction of service facilities. If the lands are covered by trees that are liable to fall and constitute a hazard to its wire or line, any public utility or transmission company organized for the purpose of building, maintaining and operating a line of poles and wires for the transmission of electricity for lighting or power purposes may condemn such trees for a width not exceeding 300 feet, as may be necessary or convenient for such purpose.
(2) Notwithstanding subsection (1) of this section, any public utility, electrical cooperative association or transmission company may, when necessary or convenient for transmission lines (including poles, towers, wires, supports and necessary equipment therefor) designed for voltages in excess of 330,000 volts, condemn land not to exceed 300 feet in width. In addition, if the lands are covered by trees that are liable to fall and constitute a hazard to its wire or line, such public utility or transmission company may condemn such trees for a width not exceeding 100 feet on either side of the condemned land, as may be necessary or convenient for such purpose.
(3) Notwithstanding subsection (1) of this section, a water or gas public utility may condemn such lands, not exceeding 50 feet in width, as may be necessary or convenient for purposes of constructing, laying, maintaining and operating its lines, including necessary equipment therefor.
(4) The proceedings for the condemnation of such lands shall be the same as that provided in ORS chapter 35, provided that any award shall include, but shall not be limited to, damages for destruction of forest growth, premature cutting of timber and diminution in value to remaining timber caused by increased harvesting costs. [Amended by 1963 c.138 §1; 1971 c.655 §241; 1977 c.225 §2; 2001 c.913 §9; 2003 c.477 §10]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Chapter 772 - Rights of Way for Public Uses
Section 772.010 - Right of entry for survey of proposed right of way; notice required.
Section 772.020 - Condemnation of additional land for railway purposes.
Section 772.025 - Approval of railroad crossing, intersection or connection.
Section 772.030 - Condemnation of right of way through canyon or pass for joint use by railroads.
Section 772.050 - Condemnation of riparian rights and for reservoirs.
Section 772.070 - Procedure on dispute between county and corporation.
Section 772.105 - Authority to appropriate.
Section 772.205 - Definitions for ORS 772.210 and 772.215.
Section 772.210 - Right of entry and condemnation of lands for construction of service facilities.
Section 772.305 - Condemnation of right of way for drainage or irrigation.
Section 772.310 - Right to enlarge existing irrigation system.
Section 772.405 - Condemnation by corporations for reduction of ores.
Section 772.410 - Right of entry and condemnation by mining, quarrying and lumber corporations.
Section 772.415 - Public benefit and use of facilities constructed under ORS 772.410.
Section 772.420 - Condemnation for transportation of minerals; conditions of reversion.
Section 772.505 - Definitions for ORS 772.505 to 772.520.
Section 772.510 - Right of entry and condemnation by pipeline companies.
Section 772.515 - Regulation concerning location of facilities.
Section 772.520 - Resolution showing route and termini of pipeline.
Section 772.610 - Definitions for ORS 772.610 to 772.625.
Section 772.620 - Placement of pipeline facilities.
Section 772.625 - Resolution showing proposed route and termini of pipeline.