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<br />individual, association of individuals, lessee, trustee or receiver, that owns, operates, manages or controls
<br />all or part of any plant or equipment in this state, whether or not such plant or equipment or part thereof is
<br />wholly within or outside any city, which plant or equipment is used, directly or indirectly:
<br /> (a) For the conveyance of telegraph or telephone messages, with or without wires;
<br /> (b) For the transportation of water, gas or petroleum products by pipelines;
<br /> (c) For the production, transmission, delivery or furnishing of heat, light, water, power, electricity or
<br />electrical impulses; or
<br /> (d) For the transmission and delivery of television pictures and sound by cables. [1965 c.382 §2]
<br /> 366.333 Acquisition of utility real property; exchange of land for right of way.
<br /> (1) If real property
<br />upon which utility facilities are located is necessary for city street, public road or state highway location,
<br />relocation, construction, reconstruction, betterment or maintenance, and any portion of the real property is
<br />likewise required by the utility for the proper operation of its business, but the utility is willing to convey
<br />the real property to the state for city street, public road or state highway purposes in exchange for other real
<br />property within a reasonable distance, the state, through the Department of Transportation, may acquire by
<br />purchase, agreement or by the exercise of the power of eminent domain, other real property, except that of
<br />another utility, within a reasonable distance. After having acquired such real property, the state, through the
<br />department, may convey it to the utility in exchange for the real property required from the utility for city
<br />street, public road or state highway purposes. The difference in the value of the respective real properties
<br />shall be considered by the department in making the exchange.
<br /> (2) ORS 366.332 and this section do not vest in any utility any right, title or interest in any city street,
<br />public road, state highway or other public property. [1965 c.382 §§3,4]
<br /> 366.335 Acquisition of railroad right of way; exchange of land therefor.
<br /> (1) Whenever in the
<br />location, relocation, construction or betterment of any highway within the state, it is deemed necessary to
<br />locate, relocate or construct the highway, or any part thereof, upon the right of way of any railroad
<br />company, the state, through the Department of Transportation, may negotiate and agree with the railroad
<br />company for the right to use or occupy the right of way, or so much thereof as is necessary for highway
<br />purposes.
<br /> (2) In case no satisfactory agreement can be effected, then the state, through the department, may
<br />acquire the right of way by exercise of the power of eminent domain, and for that purpose may commence
<br />and prosecute condemnation proceedings to acquire the right to the use and occupancy of sufficient of the
<br />railroad right of way for highway purposes.
<br /> (3) Nothing in subsection (2) of this section authorizes the use or occupancy of the railroad right of way
<br />which would interfere with the operation of the railroad or its necessary appurtenances, taking into
<br />consideration the use of the railroad right of way by the company for yards, terminals, station grounds and
<br />necessary additional trackage, or which would jeopardize the safety of the public.
<br /> (4) In the event that the right of way or property of any railroad company in the state required or needed
<br />for state highway location, relocation, construction or betterment, and any portion of the property or right
<br />of way is likewise needed and required by the railroad company for the proper operation of its trains and
<br />the usual and ordinary conduct of its business, but which property or land the railroad company is willing to
<br />deed to the state for highway purposes in exchange for a like amount of land within a reasonable distance,
<br />the state, through the department, may acquire by purchase, agreement or by exercise of the power of
<br />eminent domain, an equal amount of land or property within a reasonable distance. After having acquired
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