Oregon State Archives

Oregon Bulletin

March 1, 2012

Department of Transportation, Rail Division, Chapter 741

Rule Caption: Adoption of procedures to implement ORS 271.310.

Adm. Order No.: RD 1-2012

Filed with Sec. of State: 1-27-2012

Certified to be Effective: 1-27-12

Notice Publication Date: 11-1-2011

Rules Adopted: 741-040-0010, 741-040-0020, 741-040-0030, 741-040-0040, 741-040-0050, 741-040-0060, 741-040-0070

Subject: ODOT has adopted procedures necessary to implement changes to ORS 271.310 as a result of HB 2370.

Rules Coordinator: Lauri Kunze—(503) 986-3171

741-040-0010

Definitions

As used in OAR 741-040-0020 to 741-040-0060, the following definitions apply:

(1) “At-Grade crossing” means a highway-rail grade crossing as defined in the Manual on Uniform Traffic Control Devices as adopted in OAR 734-020-0005.

(2) “Division” means Oregon Department of Transportation, Rail Division.

(3) “Light Rail Corridor” means Real Property within 100 feet of a rail that is for trolley, streetcar or automated guideway that is not regulated by the Federal Railroad Administration, but does not include such property that is within 100 feet of a Railroad Right of Way or within 500 feet of an At-Grade crossing.

(4) “Political subdivision” as defined by ORS 271.005(3).

(5) “Rail Corridor” means any Real Property within 100 feet of a Railroad Right of Way or within 500 feet of an At-Grade crossing.

(6) “Railroad Right of Way” means Real Property on which rail operation has taken place and that remains subject to the jurisdiction of the federal Surface Transportation Board.

(7) “Real Property” means all real property together with any and all improvements thereon and any interest therein.

Stat. Auth.: ORS 184.616, 184.619, Ch. 446 OL 2011
Stats. Implemented: ORS 271.310
Hist.: RD 1-2012, f. & cert. ef. 1-27-12

741-040-0020

Purpose

To provide procedures to share advance notice of Real Property for sale, exchange or conveyance by political subdivisions with private providers of rail service.

Stat. Auth.: ORS 184.616, 184.619, Ch. 446 OL 2011
Stats. Implemented: ORS 271.310
Hist.: RD 1-2012, f. & cert. ef. 1-27-12

741-040-0030

Notification Required

Unless an exception applies pursuant to OAR 741-040-0040, at least 30 days before listing or placing any Real Property for sale, exchange or conveyance, a Political subdivision shall notify the Rail Division Administrator of its intent to undertake such listing or placement if the Real Property is within:

(1) 100 feet of a Railroad Right of Way;

(2) 500 feet of an At-Grade crossing.

Stat. Auth.: ORS 184.616, 184.619, Ch. 446 OL 2011
Stats. Implemented: ORS 271.310
Hist.: RD 1-2012, f. & cert. ef. 1-27-12

741-040-0040

Exempt from Notification

Listing or placing any Real Property for sale, exchange or conveyance within a Light Rail Corridor is exempt from the notice requirements of ORS 271.310(3) or Division 40.

Stat. Auth.: ORS 271
Stats. Implemented: ORS 271-310
Hist.: RD 1-2012, f. & cert. ef. 1-27-12

741-040-0050

Form of Notification

The Political subdivision will provide on forms approved by the Division the following information:

(1) A detailed description of the Real Property to be sold, including its approximate size in square feet or acreage and its legal description;

(2) A map showing the location of the Real Property in relation to the Railroad Right of Way and/or At-Grade crossing;

(3) A completed notice using a form provided by the Division; and

(4) Any other information the Division may request.

Stat. Auth.: ORS 184.616, 184.619, Ch. 446 OL 2011
Stats. Implemented: ORS 271.310
Hist.: RD 1-2012, f. & cert. ef. 1-27-12

741-040-0060

Submittal Process

The Political subdivision shall submit notification and notification materials either electronically or in hard copy format.

Stat. Auth.: ORS 184.616, 184.619, Ch. 446 OL 2011
Stats. Implemented: ORS 271.310
Hist.: RD 1-2012, f. & cert. ef. 1-27-12

741-040-0070

Railroad Notification

(1) Division shall solicit from each provider of rail service operating within the State first-class U.S. and electronic mail addresses to which Division shall send notifications required hereunder.

(2) Division will notify any provider of rail service using the Railroad Right of Way within the area specified by ORS 271.310(3) of the Real Property being sold, exchanged or conveyed by at least one of the following methods:

(a) Mailed notice;

(b) Electronic mail notice.

Stat. Auth.: ORS 184.616, 184.619, Ch. 446 OL 2011
Stats. Implemented: ORS 271.310
Hist.: RD 1-2012, f. & cert. ef. 1-27-12