Oregon Revised Statutes Chapter 105 § 105.760 — State
Oregon Revised Statutes Chapter 105 ·
Oregon Code § 105.760·Enacted ·Last updated March 01, 2026
Statute Text
State
or county liability for damages resulting from change of grade of streets;
proceedings on cause of action.
(1) If consent is given by the governing body of any city to change any grade
of any street as such grade has been established or maintained by the
consenting city and pursuant thereto the Department of Transportation or a
county changes the grade, the state or the county, whichever makes such change
of grade, shall be liable for and shall pay just and reasonable compensation
for any damage or injury to any real property abutting upon the road or street
affected by the grade change.
(2) Any person
having any right, title or interest in any such real property has a cause of
action against the state or against the county to enforce payment of the
compensation. Any such action may be commenced and maintained in the circuit
court for the county in which the real property is situated. Any party to any
such action has the right to appeal as in any other civil action from a
judgment of any circuit court. Any person having or claiming any right, title
or interest in such real property may join as party plaintiff or may intervene
in any action involving the real property in which the interest is claimed.
(3) The trial
circuit court shall, in its general judgment, apportion such just compensation
as it may award among the various persons found by it to own or have some
right, title or interest in such real property. The awarded compensation shall
be apportioned according to the rules of law governing the distribution of
awards made when real property is taken under the power of eminent domain.
(4) The liability
of the state or the liability of the county, as the case may be, terminates
wholly when it pays into court the sums determined by the circuit court to be
just compensation. Any cause of action granted by this section is barred unless
such action is commenced within six months after the change of grade is
physically completed and accepted by the Department of Transportation or the
county. [Formerly 373.040; 1973 c.197 §6; 2003 c.576 §240]
EXTINGUISHMENT OF FUTURE
INTERESTS
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 105.760
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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