ORS 824.248: Apportionments for crossings above or below grade.

In any proceeding involving a crossing above or below grade arising under ORS 824.206 or 824.210, unless the parties agree otherwise, the cost of construction, reconstruction, or alteration of such crossings shall be apportioned as follows: (1) At existing crossings above or below grade: 10 percent of the cost of reconstruction or alteration to the public authority in interest and all remaining costs of reconstruction or alteration to the Grade Crossing Protection Account and the railroad in interest as is just and equitable under the circumstances in each case. (2) At a new crossing requested by a public authority: All construction costs to the public authority in interest. (3) At a new crossing requested by a railroad company: All construction costs to the railroad company. [Formerly 763.280]