ORS 273.456: Lease of space above or below street or highway; conditions; effect on prior dedications.

If the state holds the easement or fee title to a street or highway, the state may lease the space above or below that street or highway for private purposes for such period as the controlling state agency determines the space will not be needed for public purposes, and upon such other terms and conditions as the agency finds to be in the public interest. Before leasing the space, the agency shall determine that the use of the space will not unreasonably interfere with the public use and utility use of the street or highway, and shall notify the property owners abutting the space proposed to be leased under this section and give them an opportunity to be heard with respect to the proposed leasing. Lease of space above or below a street or highway for private purposes shall not affect prior dedication or grant of the area for street or highway purposes.