(2) The Department of Transportation shall, after hearing, unless hearing is not required under ORS 824.214, prescribe the number, type and location of the stop signs and may exempt a farm or private grade crossing if the department finds that the installation of such sign or signs at the crossing would create a hazard or dangerous condition that would not otherwise exist.
(3) After notice to any affected landowner and opportunity for a hearing, unless a hearing is not required under ORS 824.214, the Department of Transportation may alter, relocate or close any farm or private grade crossing on any line designated as a high speed rail system.
(4) If the department decides to alter, relocate or close a farm or private grade crossing in such a manner as to constitute a taking of private property, the department shall exercise its power of eminent domain to acquire such property as is necessary to carry out the decision. A department order under this subsection shall constitute a resolution of necessity for exercise of the department’s power of eminent domain.
(5) If the department exercises its power of eminent domain under subsection (4) of this section, the department shall use any combination of state or federal funds allocated for high speed rail systems to pay any settlement with or judgment in favor of an owner of a farm or private grade crossing. The department shall have discretion to determine whether to reach a settlement with an owner of a farm or private grade crossing.
(6) The costs of implementing a department order issued under subsection (3) of this section shall be apportioned to any combination of state or federal funds specifically allocated for high speed rail systems as the department determines appropriate in order to eliminate farm or private grade crossings or to enhance safety at such crossings. [Formerly 763.130; 1997 c.249 §255; 1997 c.275 §20]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
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 824.026 - Railway inspectors required; powers and duties.
Section 824.030 - Annual report to department; penalty.
Section 824.040 - Government acquisition of lines; permitted actions.
Section 824.052 - Track clearances.
Section 824.056 - Walkway standards; rules; variances.
Section 824.058 - Track improvement and rehabilitation program.
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 824.100 - 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 824.214 - 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 824.228 - Procedure for determining mode of track crossing of intersecting railroads.
Section 824.230 - Installation of protective devices where railroads intersect at grade.
Section 824.238 - 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.