2007 Oregon Code - Chapter 368 :: Chapter 368 - County Roads
Chapter 368 —
County Roads
2007 EDITION
COUNTY ROADS
HIGHWAYS, ROADS, BRIDGES AND FERRIES
GENERAL PROVISIONS
368.001Â Â Â Â Definitions
368.011Â Â Â Â County
authority to supersede statutes; limitations
368.016Â Â Â Â County
authority over roads; limitations
368.021Â Â Â Â County
authority over trails
368.026Â Â Â Â Withdrawal
of county road status; report; notice; hearing
368.031Â Â Â Â County
jurisdiction over local access roads
368.036Â Â Â Â Standards
for county roads and road work
368.039Â Â Â Â Road
standards adopted by local government supersede standards in fire codes;
consultation with fire agencies
368.041Â Â Â Â Widths
of county roads; maintenance of designated roads as county roads
368.046Â Â Â Â County
road official; duties
368.051Â Â Â Â Accounting
for county road work
368.056Â Â Â Â Permit
for gate construction on public road
368.062Â Â Â Â Transferring
road within city to county jurisdiction
ACQUISITION OF PROPERTY FOR ROADS
368.073Â Â Â Â Initiation
of proceedings to acquire property for road purposes
368.081Â Â Â Â Requirements
for petition to initiate road proceedings
368.086Â Â Â Â Road
proceedings; hearing; notice
368.091Â Â Â Â OwnersÂ’
rights to terminate road proceedings
368.096Â Â Â Â Alternative
methods to acquire property for roads
368.101Â Â Â Â Authority
to change road proceedings; limitation
368.106Â Â Â Â Records
and survey of property acquired for road
368.111Â Â Â Â Assessment
of costs and damages from road proceedings
368.116Â Â Â Â Acquisition
of railroad right of way
368.121Â Â Â Â Financial
assistance to persons displaced by county road acquisition; rules
368.126Â Â Â Â Order
establishing new road along existing road to identify parts of existing road to
be vacated
368.131Â Â Â Â Right
of way over
ROAD VIEWERS
368.161Â Â Â Â Use
of road viewers to establish road
368.166Â Â Â Â Road
viewer report; hearing; notice
368.171Â Â Â Â Order,
costs and damages under proceeding with road viewers
LEGALIZATION OF ROADS
368.201Â Â Â Â Basis
for legalization of road
368.206Â Â Â Â Proceedings
for legalization of roads; report; notice
368.211Â Â Â Â Compensation
for property affected by road legalization
368.216Â Â Â Â Order
under road legalization proceeding
368.221Â Â Â Â Legalization;
county determination of lesser width
ROAD HAZARDS
368.251Â Â Â Â Obstruction
of road drains prohibited
368.256Â Â Â Â Creation
of road hazard prohibited
368.261Â Â Â Â Order
to abate road hazard
368.266Â Â Â Â Hearing
on abatement of road hazard; notice
368.271Â Â Â Â Abatement
of road hazard by county
368.276Â Â Â Â Hearing,
notice and costs when county abates road hazard
368.281Â Â Â Â County
recovery of costs for road hazard abatement; lien
VACATION OF
368.326Â Â Â Â Purpose
of vacation proceedings; limitation
368.331Â Â Â Â Limitation
on use of vacation proceedings to eliminate access
368.336Â Â Â Â Abutting
owners in vacation proceedings
368.341Â Â Â Â Initiation
of vacation proceedings; requirements for resolution or petition
368.346Â Â Â Â Report,
notice and hearing for vacation proceedings
368.351Â Â Â Â Vacation
without hearing
368.356Â Â Â Â Order
and costs in vacation proceedings
368.361Â Â Â Â Intergovernmental
vacation proceedings
368.366Â Â Â Â Ownership
of vacated property
NOTICE
368.401Â Â Â Â General
notice provisions
368.406Â Â Â Â Notice
by service
368.411Â Â Â Â Notice
by posting
368.416Â Â Â Â Notice
by publication
368.421Â Â Â Â Record
of notice
368.426Â Â Â Â Contents
of notice
COUNTY ROAD FUNDS
368.705Â Â Â Â County
road fund; use of fund
368.710Â Â Â Â Apportionment
of local option taxes; compression
368.715Â Â Â Â Using
county funds for noncounty roads during emergency
368.720Â Â Â Â Using
road funds outside of county
368.722Â Â Â Â Expenditure
of general road fund on city streets and bridges
MISCELLANEOUS PROVISIONS
368.910Â Â Â Â Owner
to repair sidewalks and curbs along road; county may repair if owner fails
368.915Â Â Â Â Payment
and reimbursement when county makes repairs
368.920Â Â Â Â Expense
of repairs as lien on abutting property
368.925Â Â Â Â Delinquency
in paying assessment for repairs; execution sale
368.942Â Â Â Â Posting
notices, signs or pictures on structures within county road right of way
prohibited
368.945Â Â Â Â Authority
of county road official to remove unlawfully posted matter
368.950Â Â Â Â Applicability
of ORS 368.942 and 368.945
368.955Â Â Â Â Posting
notices, signs or pictures within view of county road on property of another
without consent prohibited
368.960Â Â Â Â Authority
of property owner to remove unlawfully posted matter
PENALTIES
368.990Â Â Â Â Penalties
GENERAL PROVISIONS
     368.001
Definitions. As used in this
chapter:
     (1) “County road” means a public road under
the jurisdiction of a county that has been designated as a county road under
ORS 368.016.
     (2) “County road official” means the
roadmaster, engineer, road supervisor, public works director or other
administrative officer designated by the county governing body as being
responsible for administration of the road activities of the county.
     (3) “Local access road” means a public
road that is not a county road, state highway or federal road.
     (4) “Owner” means a vendee under a
recorded land sale contract or, if there is no recorded land sale contract, the
holder of the record title of land if the vendee or holder has a present
interest equal to or greater than a life estate.
     (5) “Public road” means a road over which
the public has a right of use that is a matter of public record.
     (6) “Road” means the entire right of way
of any public or private way that provides ingress to or egress from property
by means of vehicles or other means or that provides travel between places by
means of vehicles. “Road” includes, but is not limited to:
     (a) Ways described as streets, highways,
throughways or alleys;
     (b) Road related structures that are in
the right of way such as tunnels, culverts or similar structures; and
     (c) Structures that provide for continuity
of the right of way such as bridges. [1981 c.153 §2]
     368.005 [Amended by 1971 c.135 §1; repealed by 1981
c.153 §79]
     368.010 [Amended by 1963 c.501 §1; repealed by 1981
c.153 §79]
     368.011
County authority to supersede statutes; limitations. (1) Except as otherwise provided in this
section, a county may supersede any provision in this chapter by enacting an
ordinance pursuant to the charter of the county or under powers granted the
county in ORS 203.030 to 203.075.
     (2) A county may not enact an ordinance to
supersede a provision of this section or ORS 368.001, 368.016, 368.021,
368.026, 368.031, 368.051, 368.705, 368.710, 368.720 or 368.722. [1981 c.153 §3;
2007 c.679 §3]
     368.016
County authority over roads; limitations. (1) Except as provided in this section or as otherwise specifically
provided by law, the exercise of governmental powers relating to a road within
a county is a matter of county concern.
     (2) A county governing body:
     (a) Does not have jurisdiction over any
public road that is a state highway.
     (b) Shall only take action involving a
local access road within a city if the city governing body consents to the
action.
     (c) May by resolution or order make any
public road within its jurisdiction a county road.
     (3) Any road that has a classification as
a county road on November 1, 1981, shall retain that classification unless the
classification is changed under ORS 368.026 or as otherwise provided by law.
     (4) A county governing body may seek
assistance from the Department of Transportation as provided under ORS 366.155.
[1981 c.153 §4; 1993 c.741 §44]
     368.021
County authority over trails.
(1) A county governing body has the same jurisdiction over trails as it has
over local access roads.
     (2) This section applies to trails that:
     (a) Are easements over land or by
watercourse that are not part of a road right of way;
     (b) Provide certain forms of ingress to or
egress from land or water or permit travel between places;
     (c) Do not provide vehicle access of the
type provided by a road; and
     (d) Are not under the jurisdiction of a
state or federal agency. [1981 c.153 §5]
     368.026
Withdrawal of county road status; report; notice; hearing. (1) A county governing body shall use the
following procedure to withdraw county road status from a portion of a county
road that is outside a city:
     (a) The county governing body may initiate
proceedings by having the county road official prepare a report stating reasons
for the proposed withdrawal and the effects the proposed withdrawal may have on
land abutting the county road proposed to be withdrawn.
     (b) The county governing body shall fix a
date for a hearing on the withdrawal.
     (c) The county governing body shall
provide for notice of the hearing on the proposed withdrawal to be served on
owners of land abutting the portion of county road proposed to be withdrawn.
Notice shall be served in the manner provided under ORS 368.401 to 368.426.
     (d) Any interested person shall have
access to the report prepared by the county road official under this section
from a day not less than 20 days prior to the date of hearing.
     (e) At the hearing, the county governing
body shall accept the report of the county road official prepared under this
section and shall accept testimony from persons favoring or objecting to the
proposed withdrawal.
     (f) After completion of the procedures
under this section, the county governing body may retain the portion of county
road as a county road or may by order or resolution declare county road status
withdrawn from all or part of the portion of the road under consideration.
     (2) The withdrawal of county road status
from any county road that is within a city is subject to ORS 373.270.
     (3) If a county governing body withdraws
county road status from a portion of a county road, the road shall continue to be
a public road. [1981 c.153 §6]
     368.031
County jurisdiction over local access roads. A local access road that is outside a city is subject to the exercise
of jurisdiction by a county governing body in the same manner as a county road
except as follows:
     (1) A county and its officers, employees
or agents are not liable for failure to improve the local access road or keep
it in repair.
     (2) A county governing body shall spend
county moneys on the local access road only if it determines that the work is
an emergency or if:
     (a) The county road official recommends
the expenditure;
     (b) The public use of the road justifies
the expenditure proposed; and
     (c) The county governing body enacts an
order or resolution authorizing the work and designating the work to be either
a single project or a continuing program. [1981 c.153 §7]
     368.036
Standards for county roads and road work. (1) County roads and work performed on county roads shall comply with
specifications and standards, including standards for width, adopted by the
county governing body. If the county governing body does not have
specifications for work performed on county roads, the work shall comply with
standards and specifications adopted by the Department of Transportation.
     (2) If a county governing body provides
for work to be performed on a local access road, the standards for the road or
specifications for work performed on the road may differ from standards and
specifications for county roads, but the county governing body shall provide
for the work to be performed in the same manner as it provides for work to be
performed on county roads. [1981 c.153 §8]
     368.039
Road standards adopted by local government supersede standards in fire codes;
consultation with fire agencies. (1) When the governing body of a county or city adopts specifications
and standards, including standards for width, for roads and streets under the
jurisdiction of the governing body, such specifications and standards shall
supersede and prevail over any specifications and standards for roads and
streets that are set forth in a uniform fire code adopted by the State Fire
Marshal, a municipal fire department or a county firefighting agency.
     (2) This section applies to specifications
and standards for roads and streets adopted by the governing body of a county
or city in a charter, acknowledged comprehensive plan or ordinance adopted
pursuant to ORS chapter 92, 203, 221 or 368.
     (3) Before adopting or amending any
comprehensive plan, land use regulation or ordinance that establishes
specifications and standards for roads and streets, a governing body of a
county or city shall consult with the municipal fire department or other local
firefighting agency concerning the proposed specifications and standards. The
county or city governing body shall consider the needs of the fire department
or firefighting agency when adopting the final specifications and standards. [1997
c.409 §1]
     Note: 368.039 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 368 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     368.041
Widths of county roads; maintenance of designated roads as county roads. (1) Unless otherwise provided under ORS
368.036, a public road that is designated as a county road after August 2,
1951, shall be 50 feet or any greater width the county governing body
establishes. The proposed width shall be stated in all petitions or notices
that initiate consideration of the designation of a road as a county road. The
width established for a road shall be stated in orders or resolutions accepting
the road as a county road under ORS 368.016.
     (2) After a resolution or order
designating a public road as a county road is final, the county shall maintain
the public road as a county road. [Formerly 368.415]
     368.046
County road official; duties.
(1) A county governing body may employ an engineer or practical road builder as
a county road official.
     (2) A county road official shall work
under the direction of the county governing body and shall:
     (a) Assist the county governing body in
preparing specifications for county work to be done on any road within the
county;
     (b) Superintend work done by the county
upon roads within the county, whether the work is done under contract or
otherwise;
     (c) Recommend to the county governing body
methods to be adopted for the construction, improvement, repair and maintenance
of roads; and
     (d) Perform other duties assigned by the
county governing body. [1981 c.153 §9]
     368.051
Accounting for county road work. The county road official or such other person as may be designated by
the county governing body shall maintain a complete and accurate cost account
for road work performed by the county as required under ORS 279C.305. [Formerly
368.150; 2003 c.794 §267]
     368.055 [Amended by 1963 c.519 §36; repealed by 1981
c.153 §79]
     368.056
Permit for gate construction on public road. A county governing body may issue a permit to a person to allow
construction of a gate or stock guard on a public road under the jurisdiction
of the county governing body. The county governing body may impose any
conditions or specifications on the permit it determines advisable to preserve
the purposes of the public road. Conditions on a permit under this section may
include a requirement that the person issued the permit shall bear all costs of
construction and maintenance of the gate or stock guard. [1981 c.153 §33]
     368.060 [Repealed by 1981 c.153 §79]
     368.062
Transferring road within city to county jurisdiction. (1) Jurisdiction over a road within a city
may be transferred to a county under this section whenever:
     (a) The governing body of the city deems
it necessary, expedient or for the best interest of the city to surrender
jurisdiction over any road or portion thereof within the corporate limits of
the city; and
     (b) The governing body of the county deems
it necessary or expedient and for the best interests of the county to acquire
jurisdiction over the road or part thereof to the same extent as it has over
other county roads.
     (2) To initiate a proceeding for the
transfer of jurisdiction under this section, the governing body of the city,
upon its own motion or upon the request of the county by its governing body,
shall give notice by:
     (a) Posting in three public places in the
county, one of which shall be within the unincorporated area of the county; or
     (b) Publishing the notice once a week for
four successive weeks in some newspaper of general circulation in the city.
     (3) Notice under this section shall give
the time and place of hearing and a succinct statement of the proposed action
requested and describing the road or portion thereof proposed to be surrendered
by the city to the county with convenient certainty.
     (4) At the time and place mentioned in the
notice under this section or at such adjournment as it may fix, the governing
body of the city shall hear the matter, consider any objections or testimony
offered by any person interested and determine whether it is necessary,
expedient or for the best interests of the city to surrender jurisdiction over
the road or portion thereof to the county.
     (5) If the governing body of a city
determines to surrender jurisdiction under this section and initiates action
under this section:
     (a) The governing body of the city shall
make an order to that effect and offer to the county to surrender jurisdiction
over the road or portion thereof, and may limit the time for the acceptance of
the offer; and
     (b) The county by order or resolution may
within the time specified accept the city offer to surrender jurisdiction under
this section.
     (6) If a county governing body determines
to initiate action under this section for the surrender of jurisdiction by a
city over a road within a city:
     (a) The county governing body may initiate
the action by passage of a resolution or order that requests surrender and that
may set any time or other limitations upon acceptance by the county of the
surrender; and
     (b) The governing body of the city may
surrender jurisdiction of the road without further action by the county if the
governing body of the city adopts an order surrendering the road that meets the
limitations established by the county in its order or resolution.
     (7) When a county adopts an order or resolution
accepting a cityÂ’s order and offer under subsection (5) of this section or when
the governing body of a city adopts an order meeting the limitations
established by the county under subsection (6) of this section:
     (a) The jurisdiction of the city over the
road or portion thereof as a road within the city, or for its improvement,
construction or repair shall cease;
     (b) The full and absolute jurisdiction
over the road for all purposes of repair, construction, improvement and the
levying and collection of assessments therefor shall vest in the county; and
     (c) The county shall have the same
jurisdiction over the road or portion thereof as by its charter or the laws of
the state are given or granted it over any of the county roads of such county.
     (8) This section is applicable to all
roads within a city, whether acquired by the city or the public by
condemnation, defective condemnation and user, user or prescription or in any
manner provided by law or in which the easement for road purposes is in the
public. [1989 c.220 §2]
     368.065 [Repealed by 1981 c.153 §79]
     368.070 [Repealed by 1981 c.153 §79]
ACQUISITION
OF PROPERTY FOR ROADS
     368.073
Initiation of proceedings to acquire property for road purposes. A county governing body may initiate proceedings
to acquire title or a lesser interest in real property for public road
purposes:
     (1) On its own action; or
     (2) If a person files the following with
the county governing body:
     (a) A petition described in ORS 368.081;
or
     (b) A written proposal to dedicate or
donate land owned by that person for public road purposes. [1981 c.153 §10]
     368.075 [Repealed by 1975 c.774 §3 (368.076 enacted
in lieu of 368.075)]
     368.076 [1975 c.774 §4 (enacted in lieu of 368.075);
repealed by 1981 c.153 §79]
     368.080 [Repealed by 1981 c.153 §79]
     368.081
Requirements for petition to initiate road proceedings. (1) A petition to initiate proceedings under
ORS 368.073 must contain all of the following:
     (a) A statement of the public necessity
for the public road.
     (b) A description of the proposed public
road.
     (c) A list containing the names and
mailing addresses of any owner of property that:
     (A) Is proposed to be acquired for the
public road;
     (B) Abuts the proposed public road; or
     (C) Would otherwise be affected by the
proposed acquisition of property for the public road.
     (d) The signatures and mailing addresses
of a majority of the owners of property that would abut the proposed road.
     (2) The petition described under this
section is subject to the following:
     (a) Where a signature from an owner is
required, the signature of an owner of property that has multiple ownership is
valued as a fraction of an owner signature for that property in the same
proportion as that ownerÂ’s interest in the property bears to the interest of
all other owners of the same property.
     (b) Any person signing the petition may
withdraw the signature by filing a written withdrawal with the county governing
body.
     (c) A signature that is required on the
petition does not qualify for purposes of the petition if the signature is
withdrawn or if the person whose signature appears on the petition files an
objection under ORS 368.091.
     (3) A county governing body may establish
and require payment of a fee for the filing of a petition under this section. [1981
c.153 §11]
     368.085 [Repealed by 1981 c.153 §79]
     368.086
Road proceedings; hearing; notice. (1) If proceedings to acquire real property for public road purposes
are initiated by filing a petition described under ORS 368.081, a county
governing body shall not begin any proceedings described under ORS 368.096
until the county governing body has conducted a hearing to determine whether
the public interest would be served by continuing the proceedings.
     (2) A county governing body shall provide
notice of the hearing required under this section to property owners:
     (a) Owning property that would abut or be
acquired for the proposed public road; and
     (b) Owning property that would not be
acquired for or abut the proposed public road if the county governing body
determines the property might be affected by the proposed public road.
     (3) Notice required under this section
shall be by service under ORS 368.401 to 368.426 except that:
     (a) Those persons signing the petition may
be given notice by first class mail to the personÂ’s address shown on the
petition; and
     (b) The county governing body may provide
for notice to persons owning property that would not be acquired for or abut
the proposed public road by posting under ORS 368.401 to 368.426 if the county
governing body determines that posting is more likely to provide notice to
those persons. [1981 c.153 §12]
     368.090 [Repealed by 1981 c.153 §79]
     368.091
OwnersÂ’ rights to terminate road proceedings. (1) A county governing body shall discontinue any proceedings to
acquire real property for public road purposes that are initiated by a petition
described ORS 368.081 at any time before acquisition of the property if a
majority of the owners of property that would abut the proposed road file
objections to establishing the road with the county governing body.
     (2) Multiple ownership of property is
subject to the same conditions as a signature on a petition under ORS 368.081
for purposes of determining the number of owners. [1981 c.153 §13]
     368.095 [Amended by 1969 c.518 §1; 1971 c.121 §1;
repealed by 1981 c.153 §79]
     368.096
Alternative methods to acquire property for roads. (1) If proceedings to acquire real property
for public road purposes have been initiated under ORS 368.073, a county
governing body may acquire the property by any of the following methods:
     (a) Acceptance of a dedication or
donation.
     (b) Acquisition by purchase or other
agreement.
     (c) Exercise of the power of eminent
domain under ORS chapter 35.
     (d) Use of road viewers under ORS 368.161
to 368.171.
     (2) Nothing in this section:
     (a) Supersedes procedures for establishing
roads by subdividing or partitioning land under ORS chapter 92;
     (b) Precludes public acquisition of any
property interest by adverse possession or prescription; or
     (c) Restricts the ability of a public body
to acquire an interest in property by any other method permitted by law. [1981
c.153 §14]
     368.100 [Repealed by 1981 c.153 §79]
     368.101
Authority to change road proceedings; limitation. (1) At any time after a proceeding is
initiated under ORS 368.073 for the acquisition of real property for public
road purposes, a county governing body may:
     (a) Change the method of proceeding or the
property subject to the proceeding in any manner the county governing body determines
to be in the public interest.
     (b) Discontinue the proceeding if the
county governing body determines that the proceedings or the establishment of
the proposed road is not in the public interest.
     (2) Notwithstanding subsection (1) of this
section a county governing body shall not make any change in or discontinue any
proceeding that is initiated by a petition described under ORS 368.081 unless
the governing body has provided an opportunity for a hearing described under
ORS 368.086. [1981 c.153 §15]
     368.105 [Repealed by 1981 c.153 §79]
     368.106
Records and survey of property acquired for road. If a county governing body acquires an
interest in real property for public road purposes, the county governing body
shall cause:
     (1) Any order or resolution enacted and
deed or other document establishing an interest in the property for public road
purposes to be recorded;
     (2) The road right of way to be surveyed
and monumented;
     (3) The survey to be prepared in
compliance with ORS 209.250; and
     (4) The survey to be recorded with the
county surveyor. [1981 c.153 §16]
     368.110 [Amended by 1973 c.518 §1; repealed by 1981
c.153 §79]
     368.111
Assessment of costs and damages from road proceedings. (1) If a county incurs costs or is required
to pay damages in the acquisition of property necessary for a public road, the
county governing body may assess those costs or damages to and order the costs
or damages to be paid by any of the following:
     (a) The county governing body.
     (b) If the proceedings for acquisition
were initiated by a petition described under ORS 368.081, the petitioners.
     (c) If the acquisition is of land that is
donated or dedicated, the person donating or dedicating the land.
     (d) An owner of land that is specially
benefited.
     (2) This section does not limit the
ability of a county governing body to provide for the payment of the costs of
acquiring property for a public road in any manner permitted by law.
     (3) Any person directed to pay costs or
damages under an order issued under this section shall pay those costs or
damages within 60 days after entry of the order or resolution. Any person who
does not pay costs or damages as directed by an order or resolution under this
section within the time established under this section is liable for those costs
or damages. [1981 c.153 §17]
     368.115 [Amended by 1973 c.518 §2; repealed by 1981
c.153 §79]
     368.116
Acquisition of railroad right of way. (1) Whenever in the location, relocation, construction or betterment
of a public road, a county governing body determines that it is necessary to
locate, relocate or construct the public road, or any part thereof, upon the
right of way of a railroad company, the county may negotiate and agree with the
railroad company for the right to use or occupy the right of way, or any
portion necessary for public road purposes.
     (2) If agreement cannot be reached, then
the county governing body may acquire the right of way by exercise of the power
of eminent domain under ORS chapter 35.
     (3) Nothing in this section authorizes the
use or occupancy of the railroad right of way which would interfere with the
operation of the railroad or its necessary appurtenances, taking into
consideration the use of the railroad right of way by the company for yards,
terminals, station grounds and necessary additional trackage, or which would
jeopardize the safety of the public. [Formerly 368.290]
     368.120 [Amended by 1973 c.518 §3; repealed by 1981
c.153 §79]
     368.121
Financial assistance to persons displaced by county road acquisition; rules. (1) When federal funds are available for
payment of direct financial assistance to persons displaced by county road
acquisition, a county may match such federal funds to the extent provided by
federal law and to provide such direct assistance in the instances and on the
conditions set forth by federal law and regulations.
     (2) When federal funds are not available
or used for payment of direct financial assistance to persons displaced by
county road acquisition, the county may provide direct financial assistance to
such persons. Financial assistance authorized by this subsection shall not
exceed the total amount that would have been payable under subsection (1) of
this section if federal funds had been available or used. The county may adopt
rules and regulations to carry out this subsection. [Formerly 368.310]
     368.125 [Repealed by 1981 c.153 §79]
     368.126
Order establishing new road along existing road to identify parts of existing
road to be vacated. When a
county governing body establishes a new public road following the general
alignment of an existing public road, the final order or resolution shall
identify all parts of any existing road that are to be vacated. Vacation of
those parts described is effective without any other proceedings. A road so vacated
shall not be closed to public use until the road laid out to replace it is
actually opened to travel. [Formerly 368.540]
     368.130 [Repealed by 1981 c.153 §79]
     368.131
Right of way over
     368.132 [1973 c.518 §6; repealed by 1981 c.153 §79]
     368.135 [Repealed by 1981 c.153 §79]
     368.140 [Repealed by 1981 c.153 §79]
     368.150 [1971 c.121 §2; 1981 c.153 §64; renumbered
368.051]
ROAD VIEWERS
     368.161
Use of road viewers to establish road. (1) When proceedings have been initiated under ORS 368.073 to acquire
real property for public road purposes, the county governing body may establish
a board of road viewers and acquire property for the proposed road in the
manner described in ORS 368.161 to 368.171.
     (2) A board of road viewers established
under this section shall consist of a county road official and two other
persons whose duties and qualifications shall be determined by the county
governing body. The board of road viewers shall meet and determine whether the
board believes the establishment of the proposed road is in the public
interest.
     (3) If the board of road viewers
recommends the establishment of the proposed road, the board shall file a
report that includes the following with the county governing body:
     (a) A description of the proposed location
of the road;
     (b) An assessment of damages created by
the proposed road and the names of persons entitled to such damages; and
     (c) Any other information required by the
county governing body.
     (4) If a board of road viewers recommends
against the establishment of the public road, a county governing body may:
     (a) Discontinue proceedings under ORS
368.161 to 368.171 to acquire property for the road; or
     (b) Require the road viewers to complete a
report on a proposed location under this section. [1981 c.153 §18]
     368.166
Road viewer report; hearing; notice. (1) If a county governing body does not discontinue proceedings under
ORS 368.161, it shall do the following upon receipt of a board of road viewers
report containing information on the location of a proposed road:
     (a) Set a time and place for a hearing on
the establishment of the road; and
     (b) Cause notice to be given to the
persons and in the manner described in ORS 368.086.
     (2) Any person owning land that will be
affected by acquisition of property under ORS 368.161 to 368.171 may file with
the county governing body an answer controverting any matter presented to the
county governing body in the proceedings and alleging any new matter relevant
to the proceedings. An answer filed under this subsection must be filed more
than 10 days before the hearing required under this section.
     (3) Within 10 days of the hearing, the
county governing body shall provide for notice of any answer filed under this
section to persons filing an answer or petition in the proceedings. Notice
required under this subsection shall be by service under ORS 368.401 to
368.426. The county governing body may require a person filing an answer to pay
the cost of providing notice under this subsection. [1981 c.153 §19]
     368.171
Order, costs and damages under proceeding with road viewers. (1) After completion of proceedings under
ORS 368.161 to 368.171 and consideration of matters and issues presented during
the proceedings, the county governing body shall determine whether a public
need exists for the public road and shall enter an order or resolution granting
or denying the property acquisition. If the county governing body enters the
order or resolution establishing a public road, the order or resolution shall:
     (a) Describe the exact location and width
of any public road established;
     (b) Designate amounts of damages and costs
incurred under the proceedings, persons entitled to payment of costs or damages
and persons liable for payment of the costs or damages; and
     (c) Assess costs under ORS 368.111.
     (2) The requirements under this section
are in addition to requirements under ORS 368.106. [1981 c.153 §20]
LEGALIZATION
OF ROADS
     368.201
Basis for legalization of road.
A county governing body may initiate proceedings to legalize a county road
under ORS 368.201 to 368.221 if any of the following conditions exist:
     (1) If, through omission or defect, doubt
exists as to the legal establishment or evidence of establishment of a public
road.
     (2) If the location of the road cannot be
accurately determined due to:
     (a) Numerous alterations of the road;
     (b) A defective survey of the road or
adjacent property; or
     (c) Loss or destruction of the original
survey of the road.
     (3) If the road as traveled and used for
10 years or more does not conform to the location of a road described in the
county records. [1981 c.153 §21]
     368.205 [Amended by 1975 c.774 §1; 1977 c.338 §1;
repealed by 1981 c.153 §79]
     368.206
Proceedings for legalization of roads; report; notice. (1) If proceedings for legalization of a
road are initiated under ORS 368.201, the county governing body shall:
     (a) Cause the road to be surveyed to
determine the location of the road and the width of the road according to:
     (A) The laws governing the width of roads
at the time the road was originally established; or
     (B) If the original width of the road
cannot be determined, to the width for roads of the same class established by
the standards under ORS 368.036;
     (b) Cause the county road official to file
a written report with the county governing body including the survey required
under this section and any other information required by the county governing
body; and
     (c) Cause notice of the proceedings for
legalization to be provided under ORS 368.401 to 368.426 by service to owners
of abutting land and by posting.
     (2) In a proceeding under this section,
any person may file with the county governing body information that controverts
any matter presented to the county governing body in the proceeding or alleging
any new matter relevant to the proceeding. [1981 c.153 §22]
     368.210 [Repealed by 1981 c.153 §79]
     368.211
Compensation for property affected by road legalization. (1) A county governing body shall provide
for compensation under this section to any person who has established a
structure on real property if the structure encroaches on a road that is the
subject of legalization proceedings under ORS 368.201 to 368.221.
     (2) To qualify for compensation under this
section, a person must file a claim for damages with the county governing body
before the close of the hearing to legalize the road. The county governing body
shall consider a claim for damages unless the county governing body determines
that:
     (a) At the time the person acquired the
structure, the person had a reasonable basis for knowing that the structure
would encroach upon the road;
     (b) Upon the original location of the
road, the person received damages;
     (c) The person or the person’s grantor
applied for or assented to the road passing over the property; or
     (d) When making settlements on the
property, the person found the road in public use and traveled.
     (3) The compensation allowed under this
section shall be just compensation for the removal of the encroaching structure.
     (4) The county governing body may proceed
to determine compensation and acquire the structure by any method under ORS
368.096.
     (5) If a county governing body determines
that removal of the encroaching structure is not practical under this section,
the county governing body may acquire property to alter the road being
legalized. [1981 c.153 §23]
     368.215 [Repealed by 1981 c.153 §79]
     368.216
Order under road legalization proceeding. (1) After considering matters presented in a proceeding to legalize a
road under ORS 368.201 to 368.221, a county governing body shall determine
whether legalization of the road is in the public interest and shall enter an
order abandoning or completing the legalization procedures on the road.
     (2) When a county governing body legalizes
a road under ORS 368.201 to 368.221, the county governing body shall comply
with ORS 368.106.
     (3) Courts shall receive any order filed
under this section as conclusive proof that the county road exists as described
in the order.
     (4) Upon completion of the legalization
procedures under ORS 368.201 to 368.221:
     (a) Any records showing the location of
the road that conflict with the location of the road as described in the order
are void; and
     (b) The road exists as shown on the order
legalizing the road. [1981 c.153 §24]
     368.218 [1975 c.774 §2; repealed by 1981 c.153 §79]
     368.220 [Repealed by 1975 c.771 §33]
     368.221
Legalization; county determination of lesser width. Notwithstanding ORS 368.036, a county
governing body may legalize a road at any width that is less than the width of
the road described in ORS 368.206 if the county governing body determines that:
     (1) The legalization of the road at the
lesser width is in the public interest; or
     (2) An encroachment on the road may not be
practically removed under ORS 368.211. [1981 c.153 §25]
     368.225 [Repealed by 1975 c.771 §33]
     368.230 [Amended by 1971 c.659 §4; repealed by 1975
c.771 §33]
     368.235 [Amended by 1965 c.10 §1; repealed by 1975
c.771 §33]
     368.240 [Repealed by 1975 c.771 §33]
     368.245 [Amended by 1969 c.423 §3; repealed by 1975
c.771 §33]
     368.250 [Repealed by 1975 c.771 §33]
ROAD HAZARDS
     368.251
Obstruction of road drains prohibited. No person shall stop, obstruct or in any other manner impair or damage
any drain, ditch or other man-made or natural waterway that:
     (1) Prevents water from causing damage to,
flowing across or standing on a public road under county jurisdiction; or
     (2) Benefits a public road under county
jurisdiction. [1981 c.153 §26]
     368.255 [Repealed by 1975 c.771 §33]
     368.256
Creation of road hazard prohibited. (1) Except as authorized by the county governing body, an owner or
lawful occupant of land shall not allow:
     (a) Any water to overflow, seep or
otherwise discharge from that land onto a public road under county jurisdiction
including, but not limited to, water that is passing over the land, diverted
from the land by an obstruction on the land, flowing from the land because of
rainfall or discharged from an irrigation sprinkler or other device.
     (b) Any structure, tree, drainage way,
soil deposit or other natural or man-made thing on that land to present a
danger to or create a hazard for the public traveling on a public road or
facilities within the right of way of the public road by obstructing, hanging
over or otherwise encroaching or threatening to encroach in any manner on a
public road that is under county jurisdiction.
     (2) A person is not in violation of this
section if there is no reasonable method for the person to control, stop or
remove the cause of the violation. [1981 c.153 §27]
     368.260 [Repealed by 1981 c.153 §79]
     368.261
Order to abate road hazard.
(1) A county road official may order a person who is in violation of ORS
368.256 to remove, divert or otherwise discontinue the violation.
     (2) An order issued under this section
shall:
     (a) Describe the nature and location of
the violation;
     (b) Direct the person to abate the
violation within a specified period of time;
     (c) Explain procedures the county road
official may follow if the violation creates an emergency; and
     (d) Explain that a hearing will be held
under ORS 368.266 if the violation is not abated.
     (3) If a violation of ORS 368.256 is not
abated within the time allowed by the order issued under this section, the county
governing body shall hold a hearing described in ORS 368.266. [1981 c.153 §28]
     368.265 [Repealed by 1981 c.153 §79]
     368.266
Hearing on abatement of road hazard; notice. (1) If a hearing is required under ORS 368.261, the county road
official shall establish a place, date and time for the hearing. The hearing
will be held if the violation is not abated before the date of the hearing.
Notice provided under this section shall include the date and time set for the
hearing.
     (2) The order described under ORS 368.261
shall be included as part of the notice of hearing under this section. Notice
of hearing under this section shall be given by service under ORS 368.401 to
368.426 to:
     (a) The owner of the land that is the
source of the violation; and
     (b) Any persons lawfully occupying that
land during the time of the violation if the county road official has reason to
know of the occupancy.
     (3) At the hearing the county governing
body shall determine the person responsible for violation of ORS 368.256 and shall
order that person to abate the violation within a time fixed by the county
governing body, which time shall not be less than 10 days. [1981 c.153 §29]
     368.270 [Repealed by 1981 c.153 §79]
     368.271
Abatement of road hazard by county. (1) A county road official may abate a violation of ORS 368.256 at any
time if any of the following occur:
     (a) If the period of time established for
abatement of the violation under ORS 368.266 passes and the person ordered to
abate the violation has not done so within that time.
     (b) If a reasonable attempt to provide
service under ORS 368.266 has been made and no owner or lawful occupant of the
property has been located and served.
     (c) If the county road official determines
that the violation creates a substantial risk of damage, injury or other
emergency condition that requires abatement without delay and without notice or
hearing. A county road official is not required to comply with ORS 368.261 and
368.266 when the county road official abates a violation under this paragraph.
     (2) A county road official may take any
reasonable actions under this section to abate the violation of ORS 368.256.
     (3) A county and its officers, agents and
employees are exempt from liability for any reasonable acts performed under
this section, including, but not limited to, any reasonable trespass or
conversion of personal property.
     (4) If a county road official performs any
acts under this section, the county road official shall file a written report
with the county governing body. The report shall contain:
     (a) An explanation of the acts performed;
     (b) The reasons for performing the acts
described;
     (c) The costs incurred in abating the
violation; and
     (d) Any other information required by the
county governing body. [1981 c.153 §30]
     368.275 [Repealed by 1981 c.153 §79]
     368.276
Hearing, notice and costs when county abates road hazard. (1) Upon receipt of a report under ORS
368.271, a county governing body shall establish a time, place and date for a
hearing to assess costs for acts performed under ORS 368.271 and to determine
persons liable for payment of those costs.
     (2) Notice of the hearing shall be
provided by service under ORS 368.401 to 368.426 to:
     (a) The person determined under ORS
368.266 to be in violation of ORS 368.256; or
     (b) If no determination of violation has
been made under ORS 368.266, the owner of the land that is the source of the
violation and to any persons lawfully occupying that land during the time of
the violation.
     (3) After consideration of matters presented
at the hearing, the county governing body shall issue an order:
     (a) Establishing costs to be paid; and
     (b) Directing the person the county
governing body determines to be responsible for payment of the costs to pay the
costs within the time established by the county governing body, which time
shall not be less than 60 days.
     (4) If the county governing body cannot
establish responsibility for payment of costs under this section, the owner of
the property that is the source of the violation of ORS 368.256 shall be
responsible for payment unless the owner can establish that there was no
reasonable method for the owner to control, stop or remove the cause of the
violation.
     (5) The county governing body shall
provide for notice of the results of the hearing to persons ordered to pay
costs by service under ORS 368.401 to 368.426. Any person who does not pay
costs as directed by an order under this section is liable for those costs. [1981
c.153 §31]
     368.280 [Repealed by 1981 c.153 §79]
     368.281
County recovery of costs for road hazard abatement; lien. (1) The county governing body may recover
costs ordered paid under ORS 368.276, by:
     (a) Bringing an action for recovery of the
costs in any court of competent jurisdiction; or
     (b) If the person ordered to pay costs
owns real property within the county, filing a copy of the order with the
county clerk to be entered as a lien upon the real property of that person
within the county.
     (2) If a lien is filed under subsection
(1)(b) of this section:
     (a) That lien, when docketed, is prior and
superior to all other liens or charges on the property except taxes; and
     (b) If the costs ordered to be paid under
ORS 368.276 are not paid within the time established by the county governing
body in the order, the county governing body shall cause the lien to be
foreclosed as provided in ORS chapter 88.
     (c) The county governing body may increase
the county road budget by the amount of costs recovered or to be recovered
under this section. [1981 c.153 §32]
     368.285 [Repealed by 1981 c.153 §79]
     368.290 [Amended by 1981 c.153 §65; renumbered
368.116]
     368.295 [Amended by 1955 c.247 §1; repealed by 1981
c.153 §79]
     368.300 [Repealed by 1981 c.153 §79]
     368.305 [Repealed by 1981 c.153 §79]
     368.310 [1969 c.296 §2; renumbered 368.121]
VACATION OF
     368.326
Purpose of vacation proceedings; limitation. ORS 368.326 to 368.366 establish vacation procedures by which a county
governing body may vacate a subdivision, part of a subdivision, a public road,
a trail, a public easement, public square or any other public property or
public interest in property under the jurisdiction of the county governing
body. The vacation procedures under ORS 368.326 to 368.366:
     (1) Shall not be used by the county
governing body to vacate property or an interest in property that is within a
city.
     (2) Are an alternative method to the
method established under ORS chapter 92 for the vacation of a subdivision. [1981
c.153 §34]
     368.331
Limitation on use of vacation proceedings to eliminate access. A county governing body shall not vacate
public lands under ORS 368.326 to 368.366 if the vacation would deprive an
owner of a recorded property right of access necessary for the exercise of that
property right unless the county governing body has the consent of the owner. [1981
c.153 §35]
     368.336
Abutting owners in vacation proceedings. Where the property proposed to be vacated under ORS 368.326 to 368.366
is a public road, a person owning property that abuts either side of the road
is an abutting property owner for purposes of ORS 368.326 to 368.366 even when
the county governing body proposes to vacate less than the full width of the
road. [1981 c.153 §36]
     368.341
Initiation of vacation proceedings; requirements for resolution or petition. (1) A county governing body may initiate
proceedings to vacate property under ORS 368.326 to 368.366 if:
     (a) The county governing body adopts a
resolution meeting the requirements of this section;
     (b) The person who holds title to property
files with the county governing body a petition meeting the requirements of
this section and requesting that the property be vacated; or
     (c) The owner of property abutting public
property files with the county governing body a petition meeting the
requirements of this section and requesting vacation of the public property
that abuts the property owned by the person.
     (2) A county governing body adopting a
resolution under this section shall include the following in the resolution:
     (a) A declaration of intent to vacate property;
     (b) A description of the property proposed
to be vacated; and
     (c) A statement of the reasons for the
proposed vacation.
     (3) Any person filing a petition under
this section shall include the following in the petition:
     (a) A description of the property proposed
to be vacated;
     (b) A statement of the reasons for
requesting the vacation;
     (c) The names and addresses of all persons
holding any recorded interest in the property proposed to be vacated;
     (d) The names and addresses of all persons
owning any improvements constructed on public property proposed to be vacated;
     (e) The names and addresses of all persons
owning any real property abutting public property proposed to be vacated;
     (f) Signatures, acknowledged by a person
authorized to take acknowledgments of deeds, of either owners of 60 percent of
the land abutting the property proposed to be vacated or 60 percent of the
owners of land abutting the property proposed to be vacated; and
     (g) If the petition is for vacation of
property that will be redivided in any manner, a subdivision plan or
partitioning plan showing the proposed redivision.
     (4) The county governing body may require
a fee for the filing of a petition under this section. [1981 c.153 §37]
     368.346
Report, notice and hearing for vacation proceedings. Except as provided in ORS 368.351:
     (1) When a vacation proceeding has been
initiated under ORS 368.341, the county governing body shall direct the county
road official to prepare and file with the county governing body a written report
containing the following:
     (a) A description of the ownership and
uses of the property proposed to be vacated;
     (b) An assessment by the county road
official of whether the vacation would be in the public interest; and
     (c) Any other information required by the
county governing body.
     (2) Upon receipt of the report under
subsection (1) of this section, a county governing body shall establish a time
and place for a hearing to consider whether the proposed vacation is in the
public interest.
     (3) Notice of the hearing under this
section shall be provided under ORS 368.401 to 368.426 by posting and
publication and by service on each person with a recorded interest in any of
the following:
     (a) The property proposed to be vacated;
     (b) An improvement constructed on public
property proposed to be vacated; or
     (c) Real property abutting public property
proposed to be vacated.
     (4) During or before a hearing under this
section, any person may file information with the county governing body that
controverts any matter presented to the county governing body in the proceeding
or that alleges any new matter relevant to the proceeding. [1981 c.153 §38]
     368.351
Vacation without hearing. A
county governing body may make a determination about a vacation of property
under ORS 368.326 to 368.366 without complying with ORS 368.346 if the
proceedings for vacation were initiated by a petition under ORS 368.341 that
indicates the ownersÂ’ approval of the proposed vacation and that contains the
acknowledged signatures of owners of 100 percent of private property proposed
to be vacated and acknowledged signatures of owners of 100 percent of property
abutting public property proposed to be vacated and either:
     (1) The county road official files with
the county governing body a written report that contains the county road
officialÂ’s assessment that any vacation of public property is in the public
interest; or
     (2) The planning director of the county
files a written report with the county governing body in which the planning
director, upon review, finds that an interior lot line vacation affecting
private property complies with applicable land use regulations and facilitates
development of the property subject to interior lot line vacation. [1981 c.153 §39;
2005 c.762 §1]
     368.356
Order and costs in vacation proceedings. (1) After considering matters presented under ORS 368.346 or 368.351,
a county governing body shall determine whether vacation of the property is in
the public interest and shall enter an order or resolution granting or denying
the vacation of the property under ORS 368.326 to 368.366.
     (2) An order or resolution entered under
this section shall:
     (a) State whether the property is vacated;
     (b) Describe the exact location of any
property vacated;
     (c) Establish the amounts of any costs
resulting from an approved vacation and determine persons liable for payment of
the costs;
     (d) Direct any persons liable for payment
of costs to pay the amounts of costs established; and
     (e) If a plat is vacated, direct the
county surveyor to mark the plat as provided under ORS 271.230.
     (3) When an order or resolution under this
section becomes final, the county governing body shall cause the order to be
recorded with the county clerk and cause copies of the order to be filed with
the county surveyor and the county assessor. The order or resolution is
effective when the order or resolution is filed under this subsection.
     (4) Any person who does not pay costs as
directed by an order under this section is liable for those costs. [1981 c.153 §40]
     368.361
Intergovernmental vacation proceedings. (1) Notwithstanding ORS 368.326, a county governing body may vacate
property that is under multiple public jurisdiction or that crosses and
recrosses from public jurisdiction to public jurisdiction if:
     (a) Vacation proceedings are initiated by
each public body with jurisdiction;
     (b) The public bodies proceed separately
with vacation proceedings or conduct a joint proceeding; and
     (c) Each public body reaches a separate
decision about the proposed vacation.
     (2) Each public body must reach a separate
decision to vacate property under this section before the vacation may be
completed. If each public body has determined that the property should be
vacated, each public body shall issue a separate order or resolution vacating
those portions of the property under their respective jurisdictions.
     (3) Notwithstanding ORS 368.326, a county
governing body may vacate property that is under the jurisdiction of the county
and that is entirely within the limits of a city if that city, by resolution or
order, concurs in the findings of the county governing body in the vacation
proceedings.
     (4) Public bodies vacating property under
this section shall each use procedures for vacation that each uses for other
vacation proceedings. [1981 c.153 §41; 1989 c.219 §1]
     368.366
Ownership of vacated property.
(1) When a county governing body vacates public property under ORS 368.326 to
368.366, the vacated property shall vest as follows:
     (a) If the county holds title to the property
in fee, the property shall vest in the county.
     (b) If the property vacated is a public
square the property shall vest in the county.
     (c) Unless otherwise described in
paragraph (a) or (b) of this subsection, the vacated property shall vest in the
rightful owner holding title according to law.
     (d) Except as otherwise provided in this
subsection, the vacated property shall vest in the owner of the land abutting
the vacated property by extension of the personÂ’s abutting property boundaries
to the center of the vacated property.
     (2) Notwithstanding subsection (1) of this
section, a county governing body may determine the vesting of property vacated
under ORS 368.326 to 368.366 in the order or resolution that vacates the
property. [1981 c.153 §42]
NOTICE
     368.401
General notice provisions.
(1) ORS 368.401 to 368.426 establish standard methods for providing notice by
service, posting or publication in actions or proceedings affecting real
property. The methods established in ORS 368.401 to 368.426 for providing
notice are applicable when notice is required by law to be made under ORS
368.401 to 368.426.
     (2) ORS 368.401 to 368.426 do not:
     (a) Limit the use of public moneys for
providing notice or providing other information.
     (b) Limit the persons to whom notice or
information may be provided.
     (c) Limit the manner in which notice may
be provided.
     (d) Apply where other methods for
providing notice are specifically provided by law.
     (e) Supersede any specific provision for
providing notice that is part of any law requiring or permitting notice to be
given under ORS 368.401 to 368.426. [1981 c.153 §43]
     368.405 [Repealed by 1981 c.153 §79]
     368.406
Notice by service. (1) When
the law requires notice to owners of certain real property by service, the person
providing notice by service may have notice personally served or may have the
notice mailed.
     (2) A person providing notice shall
accomplish notice that is personally served by obtaining a signed
acknowledgment of receipt of notice from:
     (a) The person being served; or
     (b) A person 18 years of age or older who
resides at the address of the person being served.
     (3) A person providing notice by mail
shall accomplish notice by certified mail, return receipt requested, to the
address of the person being served.
     (4) A person’s refusal to sign a receipt
for notice that is personally served or mailed under this section is a waiver
of any objection based on nonreceipt of the notice in any proceeding.
     (5) Except where the person providing
notice under this section has personal knowledge of a more appropriate address
for the notice, the address to be used for notice personally served or mailed
under this section is the address of the person to be served as shown on the
tax rolls.
     (6) A person serving notice under this
section must serve notice at least 30 days before the date of the proceeding
that is the subject of the notice. [1981 c.153 §44]
     368.410 [Repealed by 1981 c.153 §79]
     368.411
Notice by posting. (1) Where
the law requires notice by posting, the person providing notice shall post
notices in no less than three places. The places where notice may be posted
include any of the following:
     (a) The property subject to the proceeding
that is the subject of the notice; or
     (b) Property within the vicinity of the
property described in paragraph (a) of this subsection.
     (2) Notice that is posted on property
under this section must be plainly visible from a traveled public road.
     (3) Notwithstanding subsection (1) of this
section, a person providing notice under this section may post fewer than three
notices if the small size of the property limits the value of the number of
postings.
     (4) A person posting notice under this
section must post notice at least 20 days before the date of the proceeding
that is the subject of the notice. [1981 c.153 §45]
     368.415 [Amended by 1953 c.229 §2; 1971 c.427 §1;
1981 c.153 §66; renumbered 368.041]
     368.416
Notice by publication. (1)
Where the law requires notice by publication, the person providing notice shall
publish the notice in a newspaper of general circulation in the county where
the property that is the subject of the proceeding is located.
     (2) A person publishing notice under this
section must publish the notice once at least 20 days before and once within 10
days of the date of the proceeding that is the subject of the notice. [1981
c.153 §46]
     368.420 [Repealed by 1981 c.153 §79]
     368.421
Record of notice. A person
providing notice under any provision of ORS 368.401 to 368.426 shall complete
and sign an affidavit containing a record of the procedure followed to provide
notice under those sections. The person shall file the affidavit with the
public body with jurisdiction over the proceeding that is the subject of the
notice or in a place designated by that public body. [1981 c.153 §47]
     368.425 [Repealed by 1981 c.153 §79]
     368.426
Contents of notice. Any
notice under ORS 368.401 to 368.426 must include all of the following:
     (1) A short plain statement of the subject
matter of the proceeding that requires the notice.
     (2) A statement of matters asserted or
charged or action proposed to be taken at the proceeding.
     (3) An explanation of how persons may
obtain more detailed information about the proceeding.
     (4) A statement of any right to hearing
afforded any parties under law.
     (5) The time and place of any proceeding
that will take place.
     (6) A reference to particular sections of
statute, charter, ordinance or rule that provide the jurisdiction and process
for the proceeding that is the subject of the notice. [1981 c.153 §48]
     368.430 [Repealed by 1981 c.153 §79]
     368.435 [Repealed by 1981 c.153 §79]
     368.440 [Repealed by 1981 c.153 §79]
     368.445 [Repealed by 1981 c.153 §79]
     368.450 [Repealed by 1981 c.153 §79]
     368.455 [Repealed by 1981 c.153 §79]
     368.460 [Repealed by 1981 c.153 §79]
     368.465 [Repealed by 1981 c.153 §79]
     368.470 [Repealed by 1981 c.153 §79]
     368.475 [Repealed by 1981 c.153 §79]
     368.480 [Repealed by 1981 c.153 §79]
     368.485 [Amended by 1971 c.135 §2; repealed by 1981
c.153 §79]
     368.490 [Repealed by 1981 c.153 §79]
     368.495 [Repealed by 1981 c.153 §79]
     368.500 [Repealed by 1981 c.153 §79]
     368.505 [Repealed by 1981 c.153 §79]
     368.510 [Repealed by 1981 c.153 §79]
     368.515 [Repealed by 1981 c.153 §79]
     368.520 [Repealed by 1981 c.153 §79]
     368.525 [Repealed by 1981 c.153 §79]
     368.530 [Repealed by 1981 c.153 §79]
     368.535 [Repealed by 1981 c.153 §79]
     368.540 [Amended by 1981 c.153 §67; renumbered
368.126]
     368.545 [Repealed by 1961 c.556 §3]
     368.546 [1961 c.556 §1; repealed by 1981 c.153 §79]
     368.550 [Repealed by 1961 c.556 §3]
     368.551 [1961 c.556 §2; 1973 c.244 §1; repealed by
1981 c.153 §79]
     368.555 [Amended by 1967 c.256 §1; 1981 c.153 §68;
renumbered 368.131]
     368.560 [Repealed by 1981 c.153 §79]
     368.565 [Amended by 1971 c.287 §2; repealed by 1981
c.153 §79]
     368.570 [Repealed by 1981 c.153 §79]
     368.575 [Amended by 1977 c.275 §2; repealed by 1981
c.153 §79]
     368.580 [Amended by 1963 c.501 §2; repealed by 1981
c.153 §79]
     368.582 [1963 c.501 §§3,4; repealed by 1981 c.153 §79]
     368.585 [Repealed by 1981 c.153 §79]
     368.590 [Repealed by 1981 c.153 §79]
     368.595 [Repealed by 1981 c.153 §79]
     368.600 [Amended by 1971 c.741 §35; 1979 c.873 §4;
repealed by 1981 c.153 §79]
     368.605 [Repealed by 1981 c.153 §79]
     368.610 [Repealed by 1981 c.153 §79]
     368.615 [Amended by 1957 c.12 §1; repealed by 1981
c.153 §79]
     368.620 [Amended by 1957 c.575 §1; repealed by 1981
c.153 §79]
COUNTY ROAD
FUNDS
     368.705
County road fund; use of fund.
(1) As used in this section and ORS 368.710, “county road fund” means a
separate fund in the county treasury designated to receive deposit of revenues
that are dedicated to roads or road improvements.
     (2) The county road fund must be used in
establishing, laying out, opening, surveying, altering, improving,
constructing, maintaining and repairing county roads and bridges on county
roads.
     (3) County funds derived from any ad
valorem tax levy may not be used or expended by the county governing body upon
any roads or bridges except:
     (a) Funds derived from a levy within the
permanent rate limit of section 11 (3), Article XI of the Oregon Constitution,
or the statutory rate as provided in ORS 310.236 (4) or 310.237, if a
voter-approved county serial levy dedicated to road improvements was used in
determining the rate limit; or
     (b) Local option taxes levied under ORS
280.040 to 280.145. [Amended by 1963 c.9 §18; 1967 c.203 §1; 1973 c.240 §3;
1983 c.582 §1; 1987 c.667 §5; 1991 c.459 §388; 1999 c.21 §73; 2007 c.679 §1]
     Note: Section 4, chapter 894, Oregon Laws 2007,
provides:
     Sec.
4. (1) Notwithstanding ORS
294.060 and 368.705, moneys described in ORS 294.060 (1) that are received by
     (2) Notwithstanding ORS 294.060 and
368.705, moneys described in ORS 294.060 (1) that are received by
     (3) This section is repealed on January 2,
2014.
     (4) This section applies to moneys
described in subsections (1) and (2) of this section that are received before,
on or after the effective date of this 2007 Act [September 27, 2007]. [2007
c.894 §4]
     368.707 [1967 c.203 §3; 1999 c.21 §74; repealed by
2007 c.679 §5]
     368.710
Apportionment of local option taxes; compression. (1) The local option taxes imposed under ORS
280.040 to 280.145 must be apportioned as follows:
     (a) Not less than 50 percent of the tax
collected must be apportioned to the several road districts, including
districts composed of incorporated cities, in the same proportion as the amount
of taxable property in each district bears to the whole amount of taxable
property in the county. The amount apportioned to any incorporated city must be
transferred to it to be expended under the management of its officials for the
improvement and repair of county roads and for the improvement, repair and maintenance
of improved streets within the boundaries of the city.
     (b) The entire remaining revenue must be
applied to roads in such locality in the county as the county governing body
directs.
     (2) If a local option tax levy is reduced
due to compression under ORS 310.150, the amounts apportioned under subsection
(1) of this section must be based on the amount of taxes actually levied under
the limits of compression.
     (3) A county, road districts with
territory in the county and incorporated cities with territory in the county
may modify, by agreement, the apportionment of local option taxes provided for
in this section to fund more effectively and efficiently projects within the
county to construct, maintain, improve and repair public roads. [Amended by
1991 c.459 §388a; 2007 c.679 §2]
     368.715
Using county funds for noncounty roads during emergency. Notwithstanding the limitations in ORS
368.031 or any other statute that limits the expenditure of county funds for
roads, the county governing body may expend available funds on other public
roads during an emergency when, as a result of a disaster such as flood or
other destructive force, a county road is closed because of destruction or
disrepair of the county road caused by the disaster or, if no public road is
available, on private property temporarily open to public use. [1965 c.270 §2;
1981 c.153 §69]
     368.720
Using road funds outside of county. (1) The county governing body of any county may expend any portion of
the funds apportioned to it from its share of funds derived under the Oregon
motor vehicle law, or any other county money provided by law to be used in road
construction, for the construction, maintenance and repair of streets, roads
and highways in the state outside of the county.
     (2) All such work of construction,
maintenance or repair shall be done under an intergovernmental agreement that
sets forth the terms under which the funds may be used and the party to the
agreement that is responsible for the direction, supervision and maintenance of
the work. [Amended by 1991 c.260 §1]
     368.722
Expenditure of general road fund on city streets and bridges. Counties may expend funds received by the
general road fund pursuant to ORS 294.060 on city streets and bridges under
such terms and conditions as the county may determine pursuant to the
provisions of ORS 373.260. [1975 c.292 §2]
     368.725 [Repealed by 1981 c.153 §79]
     368.730 [Repealed by 1953 c.158 §4]
     368.735 [Repealed by 1953 c.158 §4]
     368.740 [Repealed by 1953 c.158 §4]
     368.805 [Repealed by 1981 c.153 §79]
     368.810 [Repealed by 1981 c.153 §79]
     368.815 [Repealed by 1981 c.153 §79]
     368.820 [Repealed by 1967 c.454 §119]
     368.905 [Repealed by 1981 c.153 §79]
MISCELLANEOUS
PROVISIONS
     368.910
Owner to repair sidewalks and curbs along road; county may repair if owner
fails. (1) Whenever in an
unincorporated area, sidewalks or curbs are constructed along county roads or
are existing along roads taken over by the county, the owner of the abutting
real property shall maintain and repair the sidewalks or curbs. If any such
sidewalk or curb is out of repair, the county governing body shall send a
notice by mail to the owner of the abutting property to repair the sidewalk or
curb, setting forth the nature and extent of repairs and the time, not less
than 30 days, within which they must be made.
     (2) If the owner does not make the repairs
within the time allowed, the county governing body may order the repairs to be
made. The county governing body shall file the order for the repairs with the
county clerk, the order describing the abutting property. The recorded order is
notice that the described property is subject to a lien for the cost of the
repairs, in an amount to be determined later by an order of the county
governing body. The county clerk shall indorse upon the order the date of the
filing and record and index the order in special books to be kept by the county
clerk for such purpose.
     368.915
Payment and reimbursement when county makes repairs. (1) After the repairs mentioned in ORS
368.910 have been completed the county governing body shall compute the cost to
which may be added up to 10 percent of the cost for administration. Payment for
the repairs shall be made from the general fund of the county.
     (2) The fund drawn upon for the repairs
shall be reimbursed by an assessment of the total cost against the abutting
property. After the owner has been given notice and an opportunity to be heard,
the county governing body shall by order determine the cost to be assessed
against the abutting property. Notice of the determination of the assessment
shall be mailed to the owner within 10 days after the cost is determined. The
county governing body shall certify the order to the county assessor and shall
record the order with the county clerk. The clerk shall indorse on the order
the date of filing and record and index it in the special books kept by the
clerk for such purpose.
     368.920
Expense of repairs as lien on abutting property. The assessment mentioned in ORS 368.915 and
interest are a lien upon the abutting property from the date of the filing with
the county clerk of the order of the county governing body for the repairs
under ORS 368.910. No transfer, sale or division of the abutting land, or
change in its legal description, divests the lien from the whole of the
original abutting land. Failure to enter the name of the owner or mistake in
the name of the owner in the order for repairs in no way renders void any
assessment and in no way affects the lien on the property described. The lien has
priority over all other liens and encumbrances, except tax liens. Upon payment
in full of the assessment and interest, the county sheriff shall enter
satisfaction by a notation in the record kept by the county clerk, and the
property is thereby discharged from the lien.
     368.925
Delinquency in paying assessment for repairs; execution sale. (1) Thirty days after the notice of the
determination of the assessment mentioned in ORS 368.915 is mailed to the
owner, the entire amount is due and payable at the office of the county
sheriff, and if not so paid shall be delinquent from that date and shall bear
interest at the rate of eight percent per year until paid.
     (2) One year from the date an assessment
is delinquent, the county sheriff shall transmit to the county clerk a written
description of the property, the name of the person to whom assessed, the
amount of the assessment and the interest due. The county clerk shall issue a
writ of execution thereon, directed to the sheriff of the county. The sheriff
shall proceed to collect the unpaid assessment by advertising and selling the
property in the manner provided by law for the sale of real property on
execution, but no property shall be sold for a sum less than the amount of the
unpaid assessment plus interest and the cost of advertising and sale.
     368.930 [Amended by 1973 c.518 §4; repealed by 1981
c.153 §79]
     368.935 [Repealed by 1965 c.500 §2]
     368.940 [1965 c.500 §1; repealed by 1969 c.429 §6]
     368.942
Posting notices, signs or pictures on structures within county road right of
way prohibited. Except as
provided in ORS 368.950, no person may paste, paint, brand or in any manner
whatever place or attach to any building, fence, gate, bridge, tree, rock,
board, structure or anything whatever within the limits of the right of way of
any county road any written, printed or painted advertisement, bill, notice,
sign, picture, card or poster, except within the limits of any incorporated
city through which the county road runs. [1973 c.462 §2]
     368.945
Authority of county road official to remove unlawfully posted matter. A county road official may lawfully remove
or destroy, without resort to legal proceedings, any advertisement, bill,
notice, sign, picture, card or poster placed in violation of ORS 368.942. [1973
c.462 §3]
     368.950
Applicability of ORS 368.942 and 368.945. ORS 368.942 and 368.945 do not apply to:
     (1) The posting or maintaining of any
notice required by law to be posted or maintained; or
     (2) The placing and maintaining, within
the limits of the right of way of any county road, of:
     (a) Signs approved by the county governing
body and giving information about scenic, historical, resort or recreational
areas;
     (b) Signs approved by the county governing
body and giving information about community or civic enterprises of a
noncommercial nature, or the proximity of tourist facilities, directions or
distances for the information of the traveling public;
     (c) Facility location signs of a public
utility or telecommunications utility, when such signs are approved by the
county governing body;
     (d) Benches utilized as outdoor
advertising signs, if approved by the county governing body; or
     (e) Outdoor advertising signs on bus
shelters erected or maintained for use by and convenience of customers of a
mass transit district, a transportation district or any other public
transportation agency, when such signs are approved by the county governing
body. [1973 c.462 §4; 1987 c.403 §1; 1987 c.447 §143]
     368.955
Posting notices, signs or pictures within view of county road on property of
another without consent prohibited. No person may paste, paint, brand or in any manner whatever place or
attach to any building, fence, gate, bridge, tree, rock, board, structure or
anything whatever on the property of another within view of a county road,
without the written consent of the owner or person entitled to possession of
such property, any written, printed or painted advertisement, bill, notice,
sign, picture, card or poster. [1973 c.462 §5]
     368.960
Authority of property owner to remove unlawfully posted matter. The owner or person entitled to possession
of any property described in ORS 368.955 may lawfully remove or destroy,
without resort to legal proceedings, any advertisement, bill, notice, sign,
picture, card or poster placed upon such property in violation of ORS 368.955. [1973
c.462 §6]
PENALTIES
     368.990
Penalties. (1) Violation of
ORS 368.251 or 368.256 is punishable, upon conviction, by a fine not exceeding
$100 or by imprisonment in the county jail not exceeding 60 days, or both.
Justice courts shall have concurrent jurisdiction with the circuit courts of
such offenses.
     (2) Violation of ORS 368.942 is
punishable, upon conviction, for each violation by a fine of not more than $100
or imprisonment in the county jail for not more than 30 days or both. [Subsection
(4) enacted as 1973 c.462 §7; 1981 c.153 §70]
_______________
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