Oregon Law
Law as of Jan 1, 2026
Chapter contents
836.005Definitions 836.010Availability of services of department 836.015Financial assistance by director 836.020Department as municipal agent 836.025Establishment of airports and air navigation facilities by department 836.030Disposal of property 836.035Effect of statute on airport zoning 836.040Joint exercise of power 836.045Condemnation by department 836.050Condemnation of railroad or public utility property 836.055Commercial concessions at state airports and air navigation facilities 836.060Operation of state airports by private persons 836.065Liens of state for repairs, improvements or services to personal property 836.070Use of federal and other moneys 836.072Use of moneys from increase in taxes; rules 836.075State airway system 836.080Exemptions from ORS 836.085 to 836.120 836.085Approval of airport sites; fee 836.090Application for site approval; rules 836.095Approval criteria and conditions 836.100Revocation of approval 836.105Licensing of airports; fees; rules 836.110Revocation of license; refusal of renewal 836.115Public hearing regarding site or license; transcripts 836.120Unlicensed airport operation prohibited 836.200Authority to establish airports 836.205Acquisition of lands declared to be for public purpose 836.210Delegation of authority to develop and maintain airports; regulations for charges, fees and tolls 836.215Municipal acquisition of property for airports 836.220Source of airport funds 836.230Use of funds from operation 836.240Authorization to budget and levy taxes 836.245Authority as supplemental 836.250Acquisition by municipality of real property contiguous to airport; subsequent use or disposition; financing acquisition or use 836.300[Formerly 492.520; 1995 c.285 §10; repealed by 1997 c.859 §14] 836.305[Formerly 492.530; 1995 c.285 §11; repealed by 1997 c.859 §14] 836.310[Formerly 492.540; repealed by 1997 c.859 §14] 836.315[Formerly 492.550; repealed by 1997 c.859 §14] 836.320[Formerly 492.560; repealed by 1997 c.859 §14] 836.325[Formerly 492.570; repealed by 1997 c.859 §14] 836.330[Formerly 492.580; repealed by 1997 c.859 §14] 836.335[Formerly 492.590; repealed by 1997 c.859 §14] 836.340Procedure for relocation of public utility property 836.345[Formerly 492.610; repealed by 1997 c.859 §14] 836.350[Formerly 492.629; repealed by 1997 c.859 §14] 836.355[Formerly 492.630; repealed by 1997 c.859 §14] 836.360[Formerly 492.640; repealed by 1997 c.859 §14] 836.365[Formerly 492.650; repealed by 1997 c.859 §14] 836.370[Formerly 492.660; repealed by 1997 c.859 §14] 836.375[Formerly 492.670; repealed by 1997 c.859 §14] 836.380[Formerly 492.680; repealed by 1997 c.859 §14] 836.385[Formerly 492.690; repealed by 1997 c.859 §14] 836.390[Formerly 492.700; repealed by 1997 c.859 §14] 836.395[Formerly 492.710; repealed by 1997 c.859 §14] 836.400[Formerly 492.510; repealed by 1997 c.859 §14] 836.410Permanent closure of public use airport; rules 836.500Marks and lights on structures or obstructions; acquisition of right or easement 836.505Designation of landing places on public lands; rules governing user 836.510Use of certain ocean beaches as landing fields 836.515Petition to set aside shore as landing field 836.520Action on petition; order setting aside area for landing field; user permits; revocation of order or permit 836.525Enforcement of ORS 836.510 and 836.520 836.530Rules and standards; orders; appeals; fees 836.535Hazards to air navigation prohibited; exceptions 836.600Policy 836.605Definitions for ORS 836.600 to 836.630 836.608Airport operation as matter of state concern; local planning documents to recognize airport location; limitations on use; expansion of facility 836.610Local government land use plans and regulations to accommodate airport zones and uses; funding; rules 836.612Approval or expansion of land use activities subject to prior court decisions 836.615[1995 c.285 §5; repealed by 1997 c.859 §4 (836.616 enacted in lieu of 836.615)] 836.616Rules for airport uses and activities 836.619State compatibility and safety standards for land uses near airports; rules 836.620[1995 c.285 §6; repealed by 1997 c.859 §7 (836.619 enacted in lieu of 836.620)] 836.623Local compatibility and safety requirements more stringent than state requirements; criteria; water impoundments; report to federal agency; application to certain activities 836.625Application to airport uses of land use limitations in farm use zones; effect on tax assessment 836.630Siting of new airports to comply with land use laws; limitation on rules 836.635[1995 c.285 §9; repealed by 1997 c.859 §14] 836.636Vertiports 836.640Definitions for ORS 836.640 and 836.642 836.642Program for through the fence operations; rules 836.990Civil penalties

Chapter 836 — Airports and Landing Fields

ORS 836.045 Condemnation by department

In the condemnation of property authorized by ORS 836.025, the Oregon Department of Aviation as authorized by the State Aviation Board shall proceed in the name of the state in the manner provided by ORS chapter 35. For the purpose of making surveys and examinations relative to any condemnation proceedings, it shall be lawful to enter upon any land in the manner provided by ORS 35.220, doing no unnecessary damage. Notwithstanding the provisions of any other statute, or the charter of any municipality, the department may take possession of any property to be condemned at any time after the commencement of the condemnation proceedings. The department shall not be precluded from abandoning the condemnation of any such property in any case where possession thereof has not been taken.

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