(2) But such right of way shall in all cases be so constructed, obtained, located and exercised in a manner consistent with proper and economical and engineering construction, so as not to unnecessarily impair practical use of any other right of way, highway or public or private road, nor to unnecessarily injure any public or private property.
(3) Such right of way may be acquired in the manner provided by law for the taking of private property for public use. If a water right permit is required under the applicable provisions of ORS chapter 537 in order to use, store or convey water within the right of way, a person, firm, cooperative, association or corporation may not acquire a right of way under this subsection before obtaining a water right permit or obtaining a final order of the Water Resources Department approving an application for a water right permit.
(4) In determining just compensation under subsection (1) of this section for a right of way across forestlands, consideration shall be given, but not limited to, the effect of the right of way on:
(a) Access to the whole of the affected parcel;
(b) Ease and method of timber harvesting or other commercial uses of the affected parcel; and
(c) Any agricultural or silvicultural activities on the affected parcel, including but not limited to application of chemicals, cultivation or harvesting activities and movement of equipment associated with any of the above activities. [Amended by 1989 c.509 §1; 1995 c.365 §8]
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.