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DEPARTMENT OF TRANSPORTATION,
RAIL DIVISION
DIVISION 40
PUBLIC REAL PROPERTY NEAR
RAIL INFRASTRUCTURE NOTIFICATION
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
The requirement for notification does
not apply:
(1) To listing or placing
any Real Property for sale, exchange or conveyance within a Light Rail Corridor;
(2) If the proposed sale,
exchange or conveyance of the real property is to a provider of rail service; or
(3) To the proposed sale,
exchange or conveyance of easements.
Stat. Auth.: ORS 184.616, 184.619 &
271.310
Stats. Implemented: ORS 271
Hist.: RD 1-2012, f. &
cert. ef. 1-27-12; RD 2-2013, f. & cert. ef. 12-20-13
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
The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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