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Oregon Bulletin

April 1, 2012

Department of Transportation, Highway Division, Chapter 734

Rule Caption: Removing personal property from illegal campsites on state highway rights of way.

Adm. Order No.: HWD 4-2012

Filed with Sec. of State: 2-21-2012

Certified to be Effective: 2-24-12

Notice Publication Date: 11-1-2011

Rules Amended: 734-035-0010, 734-035-0040

Subject: The Department of Transportation may remove personal property that is left on state highway rights of way. SB 447 (2011) was specific to personal property that is under a state highway bridge, on property along a river, and within an urban growth boundary and requires written notice be provided each time the Department intends to remove personal property from these areas. The bill also outlined the style and content of the written notice.

 These rule amendments modify the procedure for removing personal property specifically from illegal campsites that are located on state highway rights of way.

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

734-035-0010

Purpose

The purpose of OAR 734-035-0010 through 734-035-0040 is to outline a process for removing personal property from state highway rights of way under ORS 377.650 and 377.653 where the property is reasonably believed to be the result of illegal camping.

Stat. Auth.: 184.616, 184.619, 377.653
Stat. Implemented: ORS 377.650, 377.653
Hist.: HWY 12-1990(Temp), f. & cert. ef. 7-20-90; HWY 16-1990, f. & cert. ef. 12-28-90; HWD 4-2012, f. 2-21-12, cert. ef. 2-24-12

734-035-0040

Scheduling and Notice; Costs

(1) In locations where camping or staying overnight regularly occurs, signs may be posted by the Department announcing that camping is not allowed according to OAR 734-020-0095. Personal property left on state highway right of way and reasonably believed to be the result of illegal camping may be removed from the right of way after the Department posts proper notice in accordance with this rule.

(2) Written notice will be posted in a conspicuous location in the general vicinity of the personal property to be removed. The notice is to be posted at least ten days but not more than 19 days prior to removal of the personal property by the Department. When the personal property is under a bridge, along a river, and within the urban growth boundary, notice will be posted in a conspicuous location within 30 feet of the personal property.

(3) The written notice must include:

(a) The date the notice was posted;

(b) The date by which personal property must be removed by the property owner;

(c) The time frame in which the Department may remove the personal property;

(d) The telephone number where information on recovering the property may be obtained; and

(e) The length of time the property will be stored by the Department.

(4) If the notice is removed during the posting period, the Department may proceed with the removal of the personal property but will replace the notice at the site to inform property owners about how to claim the personal property.

(5) Written notices will be in both English and Spanish.

(6) A $2 charge may be made for the cost of removal and storage of the personal property. No charge will be made for the cost of the cleanup generally.

Stat. Auth.: 184.616, 184.619, 377.653
Stat. Implemented: ORS 377.650, 377.653
Hist.: HWY 12-1990(Temp), f. & cert. ef. 7-20-90; HWY 16-1990, f. & cert. ef. 12-28-90; HWD 4-2012, f. 2-21-12, cert. ef. 2-24-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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