Testimony of Proponents Helps Reveal Intent
State v. Wray, 243 OrApp 503 (2011)
Holding: Even the slide fence protecting track adjacent to the track where the trains actually operate can be property used in the provision of a benefit to the public.
1) “When construing a statute, we examine the text of the statute in context, along with any relevant legislative history, to discern the legislature’s intent.” citing State v. Gaines. at p. 506.
2) When construing a statute, Courts give words of common usage their plain, natural, and, ordinary meaning. at p. 507.
3) As used in the applicable statute, the phrase “used in * * * service to the public” means “property used in the provision of a benefit to the public.” at p. 507.
4) As used in the applicable statute, the term “direct” means “property closely related to or immediately used in the provision of transportation to the public.” at p. 508.
5) Testimony of industry proponents of the bill can be used to discern legislative intent. at pp. 509-11.
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