2021 Oregon Revised Statutes
Chapter 824 - Railroads
Section 824.040 - Government acquisition of lines; permitted actions.


(2) In the exercise of the power granted under subsection (1) of this section, this state, a city, county, county service district, mass transit district, transportation district or port may:
(a) Acquire, by purchase or otherwise, own, reconstruct, rehabilitate or operate a railroad as described in subsection (1) of this section within and outside its boundaries and the boundaries of this state and running from the city, county, district or port to other points within and outside its boundaries and the boundaries of this state.
(b) Acquire rights of way, easements or real property within and outside its boundaries and the boundaries of this state when necessary or convenient for the acquisition and operation of the railroad line.
(c) Enter into contracts with any person for the reconstruction, rehabilitation, operation or maintenance of the railroad line by such person for the city, county, district or port.
(3) Nothing in this section shall be construed as expanding or diminishing the power of eminent domain conferred upon public bodies, designated in subsection (1) of this section, by ORS 368.116 or any other provision of law. [Formerly 760.610]
Note: 824.040 was added to and made a part of ORS chapters 823, 824, 825 and 826 by legislative action but was not added to ORS chapter 824 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation

Chapter 824 - Railroads

Section 824.010 - Annual fees payable by railroads; audit.

Section 824.014 - Railroad Fund; sources; use.

Section 824.016 - State Rail Rehabilitation Fund; use.

Section 824.018 - Grade Crossing Protection Account; use; limits.

Section 824.019 - Grade Crossing Safety Improvement Fund.

Section 824.020 - Definitions for ORS 824.020 to 824.042.

Section 824.022 - Applicability of ORS 824.020 to 824.042, 824.050 to 824.110 and 824.200 to 824.256.

Section 824.026 - Railway inspectors required; powers and duties.

Section 824.030 - Annual report to department; penalty.

Section 824.040 - Government acquisition of lines; permitted actions.

Section 824.045 - Department establishment of state safety oversight program for rail fixed guideway public transportation system; fee; rules.

Section 824.050 - Inspection of, recommendations on and orders concerning railroad equipment and facilities.

Section 824.052 - Track clearances.

Section 824.054 - Cooperation with federal agencies on matters of safety; disclosure of reports if required by federal law.

Section 824.056 - Walkway standards; rules; variances.

Section 824.058 - Track improvement and rehabilitation program.

Section 824.060 - First aid kits and fire extinguishers required on locomotives; temporary exemptions.

Section 824.062 - Equipment required on track motor cars.

Section 824.064 - Self-propelled vehicles used in yards or terminals.

Section 824.066 - Helper unit operation restrictions.

Section 824.068 - Water quality standards for locomotives.

Section 824.082 - Notice of movement of hazardous materials; confidentiality of notice information.

Section 824.086 - Designation of hazardous materials and notice requirements; rules.

Section 824.088 - Notifying Oregon Department of Emergency Management of reportable incident, derailments and fires; radio gear.

Section 824.090 - Department of Transportation to set standards for safe transportation of hazardous wastes; rules; civil penalty.

Section 824.100 - Definitions for ORS 824.102 to 824.110.

Section 824.200 - Definitions for 824.200 to 824.256.

Section 824.204 - Authority to construct grade crossings; protective devices.

Section 824.206 - Elimination, relocation or alteration of grade crossing; installation or alteration of protective devices.

Section 824.208 - Authority to fix speeds and regulate sounding of train warning devices at crossings.

Section 824.212 - Specifications for construction and maintenance of crossings; application of specifications; priorities; compliance.

Section 824.214 - Procedure to obtain permission for crossings; rules.

Section 824.216 - Procedure to compel compliance with orders.

Section 824.222 - Authority over duration that grade crossing may be blocked; penalty.

Section 824.223 - Authority to regulate distance from grade crossing at which railroad may stop or park equipment; penalty.

Section 824.224 - When stop signs are to be installed by railroad; exemption; grade crossing alteration, relocation or closure.

Section 824.226 - Dangerous grade crossings; notice; hearing; order to install protective devices; apportioning of cost.

Section 824.228 - Procedure for determining mode of track crossing of intersecting railroads.

Section 824.230 - Installation of protective devices where railroads intersect at grade.

Section 824.236 - Protective devices at unauthorized railroad-highway crossing; apportionment to railroad; reimbursement; closure.

Section 824.238 - Division of costs between railroad and public authority.

Section 824.240 - Payment when public highway involved.

Section 824.242 - Apportionment of costs for installation of protective devices.

Section 824.244 - Apportionment of costs for maintenance of protective devices.

Section 824.248 - Apportionments for crossings above or below grade.

Section 824.250 - Apportionment when federal funds available.

Section 824.252 - Procedure when disagreement as to apportionment exists.

Section 824.254 - Reimbursement procedure for railroad and public authority.

Section 824.304 - Guarding frogs, switches and guardrails.

Section 824.306 - Shelter of car repairers.

Section 824.308 - Railroads to provide first aid training for employees.

Section 824.400 - Passenger rail plan.

Section 824.410 - Quarterly report to Legislative Assembly.

Section 824.420 - Cascades Rail Corridor.

Section 824.430 - Annual report to Legislative Assembly.

Section 824.990 - Civil penalties.

Section 824.992 - Criminal penalties.