Oregon Law
Law as of Jan 1, 2026
Chapter contents
366.005Definitions 366.010“County court” and “road” or “highway” defined 366.015[Repealed by 2015 c.138 §9] 366.105[Amended by 1969 c.599 §17; 1971 c.598 §1; 1973 c.249 §29; 1979 c.186 §9; repealed by 1993 c.741 §147] 366.110[Amended by 1969 c.314 §29; repealed by 1973 c.249 §91] 366.112Bicycle lane and path advisory committee; members, terms, duties and powers; meetings 366.115[Repealed by 1973 c.249 §91] 366.120[Repealed by 1973 c.249 §91] 366.125[Repealed by 1973 c.249 §91] 366.130[Repealed by 1971 c.418 §23] 366.135[Amended by 1953 c.129 §2; repealed by 1973 c.249 §91] 366.140[Amended by 1953 c.129 §2; repealed by 1973 c.249 §91] 366.145[Amended by 1971 c.598 §2; 1973 c.249 §30; 1979 c.186 §10; repealed by 1993 c.741 §147] 366.150[Amended by 1971 c.598 §3; 1973 c.249 §31; renumbered 184.626 in 2017] 366.155Duties and powers of department regarding highways; assistance to counties and State Parks and Recreation Department 366.157Program for prevention and cleanup of litter and vandalism 366.158Adopt-a-Highway Program; rules 366.159Vegetation control permit; fee 366.160[Amended by 1967 c.454 §34; 1971 c.598 §5; 1973 c.249 §33; 1979 c.186 §11; repealed by 1989 c.345 §7; 1991 c.486 §2] 366.161Prevention of wildlife-vehicle collisions; coordination of efforts 366.162Prevention of wildlife-vehicle collisions; biennial report 366.165Revolving fund 366.170[Amended by 1973 c.249 §35; repealed by 1993 c.741 §147] 366.175[Amended by 1959 c.611 §1; renumbered 390.120] 366.180[Amended by 1959 c.611 §2; renumbered 390.130] 366.182[1959 c.611 §§5,6; renumbered 390.140] 366.183[1959 c.611 §7; renumbered 390.150] 366.185[1957 c.635 §2; 1971 c.481 §11a; 1971 c.598 §7; 1973 c.249 §36; repealed by 1979 c.186 §30] 366.205Power and authority of commission over highways; rules 366.207Statewide winter maintenance strategy and policy; rock salt 366.210Limit on administration and engineering expenditure 366.212Freight Advisory Committee 366.215Creation of state highways; reduction in vehicle-carrying capacity 366.220Creation of state highway system 366.225[Amended by 1953 c.252 §2; 1957 c.123 §1; repealed by 1977 c.312 §4] 366.226[Amended by 1953 c.252 §2; 1957 c.123 §2; repealed by 1977 c.312 §4] 366.227[Amended by 1953 c.252 §2; 1957 c.123 §3; repealed by 1977 c.312 §4] 366.228[Amended by 1957 c.123 §4; repealed by 1977 c.312 §4] 366.229[Repealed by 1977 c.312 §4] 366.230[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4] 366.231[Repealed by 1977 c.312 §4] 366.232[Amended by 1953 c.252 §2; 1957 c.123 §5; repealed by 1977 c.312 §4] 366.233[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4] 366.234[Repealed by 1977 c.312 §4] 366.235[Amended by 1957 c.123 §6; repealed by 1977 c.312 §4] 366.236[Repealed by 1977 c.312 §4] 366.237[Amended by 1955 c.6 §1; repealed by 1977 c.312 §4] 366.238[Amended by 1953 c.252 §2; 1957 c.123 §7; 1959 c.202 §1; repealed by 1977 c.312 §4] 366.239[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4] 366.240[Repealed by 1977 c.312 §4] 366.241[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4] 366.242[Amended by 1953 c.252 §2; 1957 c.123 §8; repealed by 1977 c.312 §4] 366.243[Repealed by 1977 c.312 §4] 366.244[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4] 366.245[Repealed by 1977 c.312 §4] 366.246[Repealed by 1977 c.312 §4] 366.247[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4] 366.248[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4] 366.249[Repealed by 1977 c.312 §4] 366.250[Repealed by 1977 c.312 §4] 366.251[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4] 366.252[Amended by 1957 c.123 §9; repealed by 1977 c.312 §4] 366.253[Repealed by 1977 c.312 §4] 366.254[Repealed by 1977 c.312 §4] 366.255[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4] 366.256[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4] 366.257[Amended by 1953 c.252 §2; 1957 c.123 §10; repealed by 1977 c.312 §4] 366.258[Repealed by 1977 c.312 §4] 366.259[Repealed by 1977 c.312 §4] 366.260[Amended by 1953 c.252 §2; 1957 c.123 §11; repealed by 1977 c.312 §4] 366.261[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4] 366.262[Repealed by 1977 c.312 §4] 366.263[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4] 366.264[Repealed by 1977 c.312 §4] 366.265[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4] 366.266[Repealed by 1977 c.312 §4] 366.267[Repealed by 1977 c.312 §4] 366.268[Repealed by 1977 c.312 §4] 366.269[Repealed by 1977 c.312 §4] 366.270[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4] 366.271[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4] 366.272[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4] 366.273[Amended by 1953 c.252 §2; 1957 c.123 §12; repealed by 1977 c.312 §4] 366.274[Repealed by 1977 c.312 §4] 366.275[Repealed by 1977 c.312 §4] 366.276[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4] 366.277[Amended by 1953 c.252 §2; 1957 c.123 §13; repealed by 1977 c.312 §4] 366.278[Amended by 1953 c.252 §2; repealed by 1977 c.312 §4] 366.279[1953 c.252 §3; repealed by 1977 c.312 §4] 366.280[1953 c.252 §4; repealed by 1977 c.312 §4] 366.281[1953 c.252 §5; repealed by 1957 c.123 §14] 366.282[1953 c.252 §6; repealed by 1957 c.123 §14] 366.283[1953 c.252 §7; repealed by 1957 c.123 §14] 366.284[1953 c.252 §8; repealed by 1977 c.312 §4] 366.285Location of highways when in doubt; procedure 366.290Adding to or removing roads from state highway system; responsibility for construction and maintenance 366.292Consideration of tolling prior to doing modernization project 366.295Relocation of highways 366.297Environmental performance standards; rules 366.300Treatment of sections eliminated when highway relocated 366.305Materials, supplies and equipment 366.310Buildings and structures 366.315Widths of rights of way 366.317[1975 c.414 §1; repealed by 2015 c.138 §10] 366.320Acquisition of rights of way and right of access 366.321Expense of relocating municipal facilities payable by department; exceptions 366.323Studies to aid in relocating persons displaced by highway acquisition 366.324Financial assistance to persons displaced by highway acquisition; rules 366.325Rights of way through cemeteries 366.330Acquisition of land adjoining right of way 366.332Definitions for ORS 366.332 and 366.333 366.333Acquisition of utility real property; exchange of land for right of way 366.335Acquisition of railroad right of way; exchange of land therefor 366.337Exchange of certain parcels of land authorized 366.340Acquisition of real property generally 366.345[Amended by 1957 c.392 §1; 1963 c.601 §2; renumbered 390.110] 366.350[Amended by 1959 c.611 §3; 1963 c.601 §3; renumbered 390.160] 366.355[Renumbered 390.210] 366.360Taking fee simple title 366.365Going upon private property; rules 366.366Removal of trees 366.370[Repealed by 1971 c.741 §38] 366.375[Repealed by 1971 c.741 §38] 366.380[Amended by 1957 c.656 §1; 1959 c.339 §1; 1967 c.479 §7; repealed by 1971 c.741 §38] 366.385[Repealed by 1967 c.479 §8] 366.390[Repealed by 1971 c.741 §38] 366.392[1953 c.621 §1; subsection (2) enacted as 1961 c.404 §1; 1967 c.454 §36; repealed by 1971 c.741 §38] 366.393[1953 c.621 §2; subsection (2) enacted as 1961 c.404 §2; repealed by 1971 c.741 §38] 366.394[1967 c.479 §10; repealed by 1971 c.741 §38] 366.395Disposition or leasing of property; sale of forest products 366.400Execution of contracts 366.405[Amended by 1953 c.252 §2; repealed by 1975 c.771 §33] 366.410[Repealed by 1975 c.771 §33] 366.415[Amended by 1967 c.454 §37; 1969 c.423 §2; repealed by 1975 c.771 §33] 366.420[Repealed by 1975 c.771 §33] 366.425Deposit of moneys for highway work 366.430[Amended by 1953 c.252 §2; repealed by 1969 c.429 §6] 366.435Auditing and allowing claims 366.440[Repealed by 2015 c.138 §11] 366.445Repair of damaged highways 366.450Road signs 366.455Removing unlawful signs and structures 366.460Construction of sidewalks within highway right of way 366.462Construction of fences on freeway overpasses 366.465Gates and stock guards 366.470Agreements with railroad companies for snow removal 366.475[Amended by 1979 c.104 §1; repealed by 1983 c.324 §59] 366.480Destruction of vouchers 366.483Transfer of jurisdiction of certain highways 366.485[Repealed by 1975 c.605 §33] 366.486Construction of roadside rest area facilities for persons with disabilities 366.487Use of roadside rest area rest rooms by persons with disabilities 366.490Coffee and cookies at roadside rest areas; rules 366.493Rules regarding health and safety 366.505Composition and use of highway fund 366.506Highway cost allocation study; purposes; design; report; use of report by Legislative Assembly 366.507Modernization program; funding; conditions and criteria 366.508Legislative findings 366.509[1999 c.969 §2; repealed by 2005 c.612 §10] 366.510Turning over highway funds to State Treasurer 366.512Collection of certain registration fees for State Parks and Recreation Department Fund 366.514Use of highway fund for footpaths and bicycle trails 366.515[Amended by 1971 c.376 §3; 1973 c.249 §39; repealed by 1975 c.436 §7] 366.516Incurring obligations payable from anticipated revenues 366.517Department may determine certain accounting procedures 366.518Expenditures from highway fund to be reported, budgeted and limited to amounts budgeted 366.520Expenses in legalizing state highways 366.522Appropriations from highway fund for legislative interim committees 366.523Transportation Project Account 366.524[1985 c.209 §7; 1987 c.899 §§18,19,20; 1989 c.865 §§5,5a; 1993 c.637 §17; 1993 c.770 §7; 1995 c.440 §3; 2001 c.669 §5; 2003 c.618 §16; renumbered 366.739 in 2003] 366.525[Amended by 1967 c.463 §3; 1971 c.376 §4; 1979 c.344 §8; 1981 s.s. c.3 §108; 1983 c.164 §3; 1983 c.338 §920; 1985 c.209 §3; renumbered 366.762 in 2003] 366.530[Amended by 1955 c.43 §1; 1955 c.287 §23; 1967 c.454 §41; 1977 c.743 §1; 1983 c.338 §921; 1987 c.440 §7; 1991 c.407 §34; 1993 c.741 §41; 1997 c.249 §117; renumbered 366.764 in 2003] 366.535[Amended by 1967 c.463 §4; 1975 c.527 §2; 1979 c.344 §9; 1985 c.209 §4; renumbered 366.766 in 2003] 366.540[Amended by 1967 c.454 §42; 1983 c.363 §3; 2003 c.618 §45; renumbered 366.768 in 2003] 366.541[1995 c.790 §1; 2003 c.618 §19,20; renumbered 366.772 in 2003] 366.542[1987 c.899 §3; 1999 c.797 §1; 2003 c.201 §38; renumbered 366.774 in 2003] 366.543[2001 c.669 §6; 2002 s.s.1 c.3 §4; renumbered 366.742 in 2003] 366.545[1965 c.634 §3; renumbered 390.170] 366.550“Historic Columbia River Highway” defined 366.551Policy 366.552Historic road program for Historic Columbia River Highway; footpaths and bicycle trails; acquisition of property; cooperation with other agencies 366.553Advisory committee; members; duties; meetings 366.556Acceptance of provisions of Acts of Congress 366.558Contracting with and submitting programs to federal government 366.560Pledge of state to match federal funds 366.562Use of highway fund to match federal moneys 366.564Borrowing to match federal moneys 366.566Meeting requirements of federal aid statutes 366.568Using highway funds to comply with federal aid statutes 366.570Payments under cooperative agreement with federal government 366.572State highway agreements with local governments 366.574Intergovernmental road maintenance agreement 366.576Road, highway or street agreements with local governments 366.578Farm-to-market roads 366.605[Renumbered 367.105] 366.625[Renumbered 367.202] 366.627[Renumbered 367.204] 366.629[Renumbered 367.206] 366.631[Renumbered 367.208] 366.633[Renumbered 367.210] 366.635[Renumbered 367.212] 366.637[Renumbered 367.214] 366.639[Renumbered 367.216] 366.641[Renumbered 367.218] 366.643[Renumbered 367.220] 366.645[Renumbered 367.226] 366.650[Renumbered 367.228] 366.655[Renumbered 367.230] 366.660[Renumbered 367.232] 366.665[Renumbered 367.234] 366.670[Renumbered 367.236] 366.675[Renumbered 367.238] 366.680[Renumbered 367.240] 366.685[Renumbered 367.242] 366.688[1953 c.20 §2; renumbered 367.252] 366.689[1953 c.20 §3; renumbered 367.254] 366.690[1953 c.20 §4; renumbered 367.256] 366.691[1953 c.20 §5; renumbered 367.258] 366.692[1953 c.20 §6; renumbered 367.260] 366.693[1953 c.20 §7; renumbered 367.262] 366.694[1953 c.20 §8; renumbered 367.264] 366.695[1953 c.20 §9; renumbered 367.266] 366.696[1953 c.20 §10; renumbered 367.268] 366.697[1953 c.20 §11; renumbered 367.270] 366.6980[1957 c.22 §1; renumbered 367.282] 366.6981[1957 c.22 §2; renumbered 367.284] 366.6982[1957 c.22 §3; renumbered 367.286] 366.6983[1957 c.22 §4; renumbered 367.288] 366.6984[1957 c.22 §5; renumbered 367.290] 366.6985[1957 c.22 §6; renumbered 367.292] 366.6986[1957 c.22 §7; renumbered 367.294] 366.6987[1957 c.22 §8; renumbered 367.296] 366.6988[1957 c.22 §9; renumbered 367.298] 366.6989[1957 c.22 §10; renumbered 367.300] 366.6990[1957 c.22 §11; renumbered 367.302] 366.7000[1957 c.354 §1; renumbered 367.324] 366.7001[1957 c.354 §2; renumbered 367.326] 366.7002[1957 c.354 §3; renumbered 367.328] 366.7003[1957 c.354 §4; renumbered 367.330] 366.7004[1957 c.354 §5; renumbered 367.332] 366.7005[1957 c.354 §6; renumbered 367.334] 366.7006[1957 c.354 §7; renumbered 367.336] 366.7007[1957 c.354 §8; renumbered 367.338] 366.7008[1957 c.354 §9; renumbered 367.340] 366.7009[1957 c.354 §10; renumbered 367.344] 366.7010[1957 c.354 §11; renumbered 367.346] 366.7020[1959 c.386 §1; renumbered 367.365] 366.7021[1959 c.386 §2; 1961 c.345 §1; renumbered 367.370] 366.7022[1959 c.386 §3; renumbered 367.380] 366.7023[1959 c.386 §4; renumbered 367.385] 366.7024[1959 c.386 §5; 1961 c.381 §3; renumbered 367.390] 366.7025[1959 c.386 §6; renumbered 367.395] 366.7026[1959 c.386 §7; renumbered 367.400] 366.7027[1959 c.386 §8; renumbered 367.405] 366.7028[1959 c.386 §9; renumbered 367.410] 366.7029[1959 c.386 §10; 1961 c.345 §2; renumbered 367.415] 366.7030[1959 c.386 §11; renumbered 367.420] 366.705[Renumbered 366.556 in 2003] 366.710[Amended by 1979 c.293 §3; renumbered 366.558 in 2003] 366.715[Amended by 1979 c.293 §4; renumbered 366.560 in 2003] 366.720[Renumbered 366.562 in 2003] 366.725[Renumbered 366.564 in 2003] 366.730[Renumbered 366.566 in 2003] 366.735[Part renumbered 367.155; 1979 c.293 §6; renumbered 366.568 in 2003] 366.739Allocation of moneys to counties and cities generally 366.740[Renumbered 367.160] 366.742Repayment of specified bonds; allocation of moneys not needed for repayment 366.744Allocation of moneys from specified increases in title and registration fees and in truck taxes and fees; restrictions on expenditure by Multnomah County 366.745[Renumbered 367.165] 366.747Allocation of moneys from specified increases in fees 366.749Allocation of moneys resulting from increase in numbers of vehicle registrations, titles and trip permits due to specified actions by vehicle dealers and persons engaged in towing 366.750[Renumbered 367.170] 366.752Allocation of moneys from specified increases in fees 366.755[Renumbered 367.175] 366.760[Renumbered 367.180] 366.762Appropriation from highway fund for counties 366.764Basis of allocation of appropriation to counties 366.765[Amended by 1967 c.454 §43; 1979 c.293 §7; 1981 c.153 §63; renumbered 366.570 in 2003] 366.766Remitting appropriation to counties 366.768Advances from highway fund to county 366.770[Amended by 1979 c.223 §2; renumbered 366.572 in 2003] 366.772Allocation of moneys to certain counties 366.773[2001 c.565 §1; 2003 c.794 §265; renumbered 366.574 in 2003] 366.774Authorized use of allocation to counties; report by counties to Legislative Assembly 366.775[Amended by 1953 c.252 §2; 1979 c.223 §3; renumbered 366.576 in 2003] 366.777[1999 c.541 §1; renumbered 366.578 in 2003] 366.780[Repealed by 1981 c.153 §79] 366.785Definitions for ORS 366.785 to 366.820 366.790Authorized use of appropriation to cities; report by cities to Legislative Assembly 366.795[Repealed by 1955 c.237 §1] 366.800Appropriation from highway fund for cities; amount and source 366.805Allocation of appropriation to cities; small city advisory committee 366.810Payment of appropriation to cities 366.815City to establish state tax street fund 366.820Limit to application of ORS 366.785 to 366.815 366.903Legislative findings; atomic cleanup veterans 366.905“Old Oregon Trail” designation 366.906Oregon City designated end of Oregon Trail 366.907Findings and declarations concerning Highway 101 366.910End of Lewis and Clark Trail 366.915[Repealed by 2015 c.138 §14] 366.916Vietnam Veterans Memorial Highway 366.917World War II Veterans Historic Highway 366.918Police Chief Ralph Painter Memorial Highway 366.919Officer Chris Kilcullen Memorial Highway 366.920[1965 c.572 §8; 1983 c.324 §17; renumbered 360.115] 366.921Wilbur C. Moore Bridge 366.922Warm Springs Veterans Memorial Highway 366.923William Tebeau Memorial Highway 366.924Veterans memorial highways 366.925Don Kendall Memorial Highway 366.926Deputy Raymond Williams and Deputy Michael Cheney Memorial Highway 366.930Roadside memorial signs; police officers; fees; rules 366.931Roadside memorial signs; Armed Forces of the United States; fees; rules 366.932Roadside Memorial Fund 366.934Roadside memorial sign; Tyrone Woods; fees; rules 366.936Oregon Medal of Honor Highway 366.937Memorial markers for recipients of Medal of Honor 366.940Roadside memorial signs; firefighters; fees; rules 366.990[Renumbered 390.990] 366.991Penalty for violation of rules adopted under ORS 366.493

Chapter 366 — State Highways and State Highway Fund

ORS 366.360 Taking fee simple title

In all cases where title to real property is acquired by the Department of Transportation either by donation, agreement or exercise of the power of eminent domain, a title in fee simple may be taken.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Earlier statutory text is available in an ingested published ORS edition.