Oregon Administrative Rules
Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION
Division 35 - RIGHT OF WAY AND REAL PROPERTY
Section 734-035-0040 - Scheduling and Notice; Costs
Current through Register Vol. 63, No. 3, March 1, 2024
(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. In locations not open to public entry, signs will be posted by the Department according to 734-035-0200. 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. 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. 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. In locations not open to public entry, notice is to be posted at least 24 hours prior to removal of the personal property by the Department.
(3) Notwithstanding subsection (2) of this rule, when the Department determines that either:
(4) The written notice must be laminated or weather resistant and include:
(5) 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.
(6) Written notices will be in both English and Spanish.
(7) 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 personal property removal generally.
Stat. Auth.: ORS 184.616, 184.619 & 377.653
Stats. Implemented: ORS 377.650 & 377.653