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title=31 page=1 <br />such land or property, the state, through the department, may convey the same to the railroad company in <br />exchange for the land or property needed and required from the railroad company for highway purposes. <br />The difference in the value of the respective parcels of land shall be considered by the department in <br />making the exchange. [Amended by 1965 c.383 §1; 1999 c.59 §100] <br /> 366.337 Exchange of certain parcels of land authorized. <br /> The Department of Transportation, in the <br />name of the State of Oregon, hereby is authorized to convey to any person, firm or corporation all or parts <br />of the real properties described in section 1 of chapter 21, Oregon Laws 1953, in exchange for other real <br />properties in close proximity thereto which, in the judgment of the department, are of equal or superior <br />useful value for public use. [1953 c.21 §2] <br /> 366.340 Acquisition of real property generally. <br /> The Department of Transportation may acquire by <br />purchase, agreement, donation or by exercise of the power of eminent domain real property, or any right or <br />interest therein, including any easement or right of access, deemed necessary for: <br /> (1) Construction of shops, equipment sheds, office buildings, maintenance sites, patrolmen <br />accommodations, snow fences, quarry sites, gravel pits, storage sites, stock pile sites, weighing stations and <br />broadcasting stations. <br /> (2) Appropriation, acquisition or manufacture of road-building materials, approach or hauling roads, <br />connecting roads, frontage road, highway drainage and drainage tunnels. <br /> (3) Maintenance of an unobstructed view of any state highway so as to provide for the safety of the <br />traveling public. <br /> (4) Any other use or purpose deemed necessary for carrying out the purposes of this Act. <br /> (5) Elimination or prevention of hazardous or undesirable points of entry from adjacent property to state <br />highways. [Amended by 1953 c.252 §2] <br /> 366.345 <br /> [Amended by 1957 c.392 §1; 1963 c.601 §2; renumbered 390.110] <br /> 366.350 <br /> [Amended by 1959 c.611 §3; 1963 c.601 §3; renumbered 390.160] <br /> 366.355 <br /> [Renumbered 390.210] <br /> 366.360 Taking fee simple title. <br /> In all cases where title to real property is acquired by the Department <br />of Transportation either by donation, agreement or exercise of the power of eminent domain, a title in fee <br />simple may be taken. <br /> 366.365 Going upon private property. <br /> The Department of Transportation may go upon private <br />property in the manner provided by ORS 35.220 to determine the advisability or practicability of locating <br />and constructing a highway over the property or the source, suitability or availability of road-building <br />materials thereon. [Amended by 1953 c.252 §2; 2003 c.477 §5; 2005 c.22 §259] <br /> 366.370 <br /> [Repealed by 1971 c.741 §38] <br /> 366.375 <br /> [Repealed by 1971 c.741 §38] <br />http://www.leg.state.or.us/ors/366.html (21 of 50) [11/3/2008 3:32:17 PM] <br /> <br />