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title=31 page=1 <br />possible under the present location. [Amended by 1977 c.312 §1] <br /> 366.300 Treatment of sections eliminated when highway relocated. <br /> (1) Whenever the Department of <br />Transportation relocates or realigns a state highway or a section thereof, and by reason of such relocation or <br />realignment there is eliminated from the original route of the highway a section thereof, the eliminated <br />section shall, if needed for the service of persons living thereon or for a community served thereby, be <br />maintained by the department at state expense, or by the county or by the state and the county on such <br />terms and conditions as may be agreed upon. <br /> (2) If such eliminated sections of old right of way, or any part thereof, in the judgment of the <br />department, are needed or valuable for public road use, then the department shall, by appropriate action, <br />declare the purpose of the department to preserve the same for public road use. <br /> (3) If the department determines under subsection (2) of this section that the eliminated sections are <br />merely parts of the old right of way which are no longer needed or valuable for highway right of way <br />purposes or any other public road use, then if such eliminated sections are not owned by the department in <br />fee, the department shall abandon such eliminated sections and such sections shall, except as otherwise <br />provided in this section, revert to and title thereto shall vest in the abutting owner or owners. <br /> (4) Nothing in this section shall impair vested rights of property owners under existing deeds, <br />easements or contracts whereby the state or any county acquired such rights of way. This section shall not <br />prevent the department from contracting for the acquisition of easements or rights of way on such terms <br />and conditions as to abandonment and reverter as it may consider advisable under the conditions then <br />existing. [Amended by 1985 c.259 §1] <br /> 366.305 Materials, supplies and equipment. <br /> The Department of Transportation may select the <br />materials to be used in the construction, maintenance and operation of state highways. It may purchase or <br />contract for, independent of any particular job, improvement or highway project, whether done by contract, <br />force account or otherwise, any material, supplies or equipment deemed necessary for carrying out the <br />provisions and purposes of this Act in such amounts and manner and pursuant to such method as in the <br />judgment of the department will be for the best interests of the state. <br /> 366.310 Buildings and structures. <br /> The Department of Transportation may construct, equip, furnish <br />and maintain office accommodations, shops, equipment sheds, storage plants and warehouses, snow fences, <br />patrolmen quarters or accommodations and any other building, structure or thing deemed necessary for the <br />efficient administration of the duties of the department and which in the opinion of the department are <br />required for the proper and adequate accomplishment of the purposes of this Act. <br /> 366.315 Widths of rights of way. <br /> The Department of Transportation may determine the widths of <br />rights of way for all state highways. <br /> 366.317 Removal of trees and shrubs; notice; application. <br /> When the construction, expansion or <br />improvement of a state highway as defined in ORS 366.005 would otherwise clearly and certainly cause the <br />destruction of trees and shrubs which in the judgment of the engineer or the designee of the engineer may <br />be removed in safety, the Department of Transportation shall: <br /> (1) Prior to their destruction, cause notice to be placed in a newspaper of general distribution in the <br />locality in which these trees and shrubs are located that these trees and shrubs may be destroyed, and that <br />http://www.leg.state.or.us/ors/366.html (17 of 50) [11/3/2008 3:32:17 PM] <br /> <br />