Oregon Chapter 368
Chapter 368 — County RoadsDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 368 —
County Roads
2007 EDITION
COUNTY ROADS
HIGHWAYS, ROADS, BRIDGES AND FERRIES
GENERAL PROVISIONS
368.001 Definitions
368.011 County
authority to supersede statutes; limitations
368.016 County
authority over roads; limitations
368.021 County
authority over trails
368.026 Withdrawal
of county road status; report; notice; hearing
368.031 County
jurisdiction over local access roads
368.036 Standards
for county roads and road work
368.039 Road
standards adopted by local government supersede standards in fire codes;
consultation with fire agencies
368.041 Widths
of county roads; maintenance of designated roads as county roads
368.046 County
road official; duties
368.051 Accounting
for county road work
368.056 Permit
for gate construction on public road
368.062 Transferring
road within city to county jurisdiction
ACQUISITION OF PROPERTY FOR ROADS
368.073 Initiation
of proceedings to acquire property for road purposes
368.081 Requirements
for petition to initiate road proceedings
368.086 Road
proceedings; hearing; notice
368.091 Owners’
rights to terminate road proceedings
368.096 Alternative
methods to acquire property for roads
368.101 Authority
to change road proceedings; limitation
368.106 Records
and survey of property acquired for road
368.111 Assessment
of costs and damages from road proceedings
368.116 Acquisition
of railroad right of way
368.121 Financial
assistance to persons displaced by county road acquisition; rules
368.126 Order
establishing new road along existing road to identify parts of existing road to
be vacated
368.131 Right
of way over
ROAD VIEWERS
368.161 Use
of road viewers to establish road
368.166 Road
viewer report; hearing; notice
368.171 Order,
costs and damages under proceeding with road viewers
LEGALIZATION OF ROADS
368.201 Basis
for legalization of road
368.206 Proceedings
for legalization of roads; report; notice
368.211 Compensation
for property affected by road legalization
368.216 Order
under road legalization proceeding
368.221 Legalization;
county determination of lesser width
ROAD HAZARDS
368.251 Obstruction
of road drains prohibited
368.256 Creation
of road hazard prohibited
368.261 Order
to abate road hazard
368.266 Hearing
on abatement of road hazard; notice
368.271 Abatement
of road hazard by county
368.276 Hearing,
notice and costs when county abates road hazard
368.281 County
recovery of costs for road hazard abatement; lien
VACATION OF
368.326 Purpose
of vacation proceedings; limitation
368.331 Limitation
on use of vacation proceedings to eliminate access
368.336 Abutting
owners in vacation proceedings
368.341 Initiation
of vacation proceedings; requirements for resolution or petition
368.346 Report,
notice and hearing for vacation proceedings
368.351 Vacation
without hearing
368.356 Order
and costs in vacation proceedings
368.361 Intergovernmental
vacation proceedings
368.366 Ownership
of vacated property
NOTICE
368.401 General
notice provisions
368.406 Notice
by service
368.411 Notice
by posting
368.416 Notice
by publication
368.421 Record
of notice
368.426 Contents
of notice
COUNTY ROAD FUNDS
368.705 County
road fund; use of fund
368.710 Apportionment
of local option taxes; compression
368.715 Using
county funds for noncounty roads during emergency
368.720 Using
road funds outside of county
368.722 Expenditure
of general road fund on city streets and bridges
MISCELLANEOUS PROVISIONS
368.910 Owner
to repair sidewalks and curbs along road; county may repair if owner fails
368.915 Payment
and reimbursement when county makes repairs
368.920 Expense
of repairs as lien on abutting property
368.925 Delinquency
in paying assessment for repairs; execution sale
368.942 Posting
notices, signs or pictures on structures within county road right of way
prohibited
368.945 Authority
of county road official to remove unlawfully posted matter
368.950 Applicability
of ORS 368.942 and 368.945
368.955 Posting
notices, signs or pictures within view of county road on property of another
without consent prohibited
368.960 Authority
of property owner to remove unlawfully posted matter
PENALTIES
368.990 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 city’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 owner’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 person’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
Owners’ 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.