2007 Oregon Code - Chapter 373 :: Chapter 373 - Roads and Highways Through Cities
Chapter 373
Roads and Highways Through Cities
2007 EDITION
ROADS AND HIGHWAYS THROUGH CITIES
HIGHWAYS, ROADS, BRIDGES AND FERRIES
STATE HIGHWAYS THROUGH CITIES
373.010 Routing
and marking state highways through cities
373.015 Notice
and hearing before location, relocation or abandonment of state highway through
cities
373.020 Jurisdiction
over streets taken over for state highway routing through cities; effect on
public utility duties
373.030 Construction
and maintenance of streets; consent of city for grade change
373.050 Closing
streets that intersect with state highways routed through city
373.060 State
liable for street closing damages; proceedings on cause of action
USE OF CITY STREETS BY COUNTY
373.110 Connecting
county road to state highway by road through city
373.120 Connecting
county roads by roads through certain cities
373.130 County
use of city streets as bridge approach
POWERS OF CITIES RELATING TO ROADS AND
HIGHWAYS
373.210 Improvement
of through highways by certain cities
373.220 Procedure
to authorize improvement
373.230 Charter
or ordinance provisions governing improvement
373.240 General
road fund of city
373.250 Use
of city road fund
373.260 Agreements
between counties and cities as to acquisition of rights of way and road
improvement
373.270 Transferring
jurisdiction over county roads within cities
373.280 Assessments
made by city under belief county road was city street
373.290 Amity
given control of county roads and highways declared streets
373.300 Monmouth
given control of certain highways declared streets
373.310 Myrtle
Point given jurisdiction over certain county roads declared streets
373.320
373.330 City
of
STATE HIGHWAYS THROUGH CITIES
373.010
Routing and marking state highways through cities. Whenever the route of any state highway
passes through the corporate limits of any city of this state, the Department
of Transportation:
(1) Shall select and designate the streets
of the city over which the state highway shall be routed.
(2) Shall erect and maintain such road and
other signs on and along such streets at such places and of such material and
design as it may select.
(3) May alter or change such routing when
in its opinion the interests of the motoring public will be better served. [Amended
by 1957 c.663 §2]
373.015
Notice and hearing before location, relocation or abandonment of state highway
through cities. Before the
Department of Transportation acquires within any incorporated city any new
rights of way, or relocates or abandons any existing state highway within any
incorporated city, the department shall by letter notify the mayor of such city
of the action contemplated by the department, and, if any remonstrances or
objections thereto are made by the mayor or the council of such city within 10
days after receipt of such letter, the department, or its designated
representative, shall hold a public hearing at the city hall in such city,
after having first given written notice thereof to the mayor at least 10 days
prior thereto, and, at such public hearing, persons who favor or oppose the
contemplated action shall be given an opportunity to be heard. [1955 c.447 §1]
373.020
Jurisdiction over streets taken over for state highway routing through cities;
effect on public utility duties. (1) Complete jurisdiction and control of streets taken over by the
Department of Transportation as provided in ORS chapter 366 and ORS 105.760, 373.010,
373.015, 373.030 and this section, is vested in the department and extends from
curb to curb, or, if there is no regular established curb, then such control
extends over such portion of the right of way as may be utilized by the
department for highway purposes. Responsibility for and jurisdiction over all
other portions of the street or road remains in the city.
(2) All cities retain the right to grant
the privilege to open the surface of any such street or road, but all damage
occasioned thereby shall promptly be repaired by the city, either itself or at
its direction, and the responsibility for the cost thereof shall be upon the
city permitting the opening.
(3) Cities retain the exclusive right to
grant franchises over, beneath and upon any such street or road, and to control
and regulate such franchises and the utilization thereof, but the department
may utilize any storm sewers thereon or thereunder without cost or charge
therefor by the city.
(4) Nothing contained in ORS chapter 366
and ORS 105.760, 373.010, 373.015, 373.030 and this section, relieves any
public utility or telecommunications utility from the maintenance and repair of
any street or portion thereof or the performance of any other obligation
required under any franchise granted to it by any city. [Amended by 1979 c.186 §14;
1987 c.447 §121; 1995 c.79 §202]
373.030
Construction and maintenance of streets; consent of city for grade change. (1) The Department of Transportation may
construct, reconstruct, pave and improve and shall repair and maintain streets
and roads through cities where such streets or roads, or both:
(a) Form a link in the highway system of
the state or constitute a connection between two such highways; and
(b) Have been designated by the department
as the streets or roads over which there is routed state highway traffic.
(2) The department, however, shall not
change or establish any grade of any such street or road without the consent of
the governing body of the city.
373.040 [Amended by 1955 c.490 §1; renumbered
105.760]
373.050
Closing streets that intersect with state highways routed through city. (1) Whenever the Department of
Transportation has located a highway in, into or through the corporate limits
of a city upon or over an alignment or route not theretofore comprising a city
street and has acquired the necessary rights of way therefor and constructed a
highway thereover, or whenever the department, pursuant to ORS 373.010 has
selected and designated streets over which to route a state highway within an
incorporated city, the department may close any street at the point where it
intersects or is intersected by the state highway or by the streets selected
and designated as the route of a state highway, by a formal agreement with the
municipal authorities of a city set out in a resolution or ordinance of the
city, designating the particular streets to be closed by name and intersection.
(2) Before any municipal authorities enter
into any such formal agreement with the department, such municipal authorities
shall comply with all city ordinances or charter provisions pertaining to the
closing of streets in the city.
(3) Before the street can be closed or
dead-ended, the department shall, after investigation, find and declare by
resolution that the closing of the street at the point of intersection is
necessary in order to provide safety for the general public or will contribute
to a more expeditious and orderly movement of traffic, or both.
373.060
State liable for street closing damages; proceedings on cause of action. (1) If by the closing of any street as
provided in ORS 373.050, real property abutting on the intersected street
between the point of intersection and the next street, but in no event beyond a
point 300 feet from the point of intersection, is damaged, any person having
any right, title or interest in any such real property has a cause of action
against the state to enforce payment of such compensation or damages.
(2) Any such action may be commenced and
prosecuted in the circuit court for the county in which such real property is
situated. Any party to any such action has the right to appeal from the
judgment of any circuit court to the Court of Appeals. Any person having or
claiming any right, title or interest in such real property may join as party
plaintiff or may intervene in any action involving real property in which the
person claims an interest.
(3) The trial circuit court shall, in its
general judgment, apportion such compensation as it may award among the various
persons found by it to own or have some right, title or interest in such real
property. The awarded compensation shall be apportioned according to the rules
of law governing the distribution of awards made when real property is taken
under the power of eminent domain.
(4) The liability of the state and of the
municipality terminates wholly when the compensation thus determined is paid
into court. Any cause of action granted by this section is barred unless it is
commenced within six months after the street is closed and entrance from the
street to the state highway or intersecting street is physically barred. [Amended
by 1979 c.562 §13; 2003 c.576 §251]
USE OF CITY
STREETS BY COUNTY
373.110
Connecting county road to state highway by road through city. (1) Whenever in its judgment it is
necessary, for the purpose of connecting an existing county road with an
existing state highway, that the connecting road be located, established and
designated over property within the boundaries of a city, the county court or
board of county commissioners may designate, locate, establish, construct and
maintain the connecting road over property within the corporate limits of the
city as a county road.
(2) The procedure for the establishment of
the connecting road may be by petition of freeholders or by a resolution of the
county court or board of county commissioners as provided by law for the
establishment of county roads.
(3) In addition to the authority provided
by law for the acquisition of rights of way, in the event the connecting road
is established by petition of freeholders or by its resolution, the county
court or board of county commissioners may acquire private property within the
corporate limits of the city for rights of way for the connecting road by
exercise of the power of eminent domain, under the procedure provided by law
for exercise of the power of eminent domain by counties for the acquisition of
private property for rights of way for county roads.
373.120
Connecting county roads by roads through certain cities. The county court or board of county
commissioners may construct and pave streets and roads through cities of less
than 2,500 population, as shown by the last federal census, where such streets
and roads are for the purpose of connecting county roads and highways. [Amended
by 1957 c.71 §1]
373.130
County use of city streets as bridge approach. Whenever any county constructs across any
stream any bridge which is wholly or in part within the limits of any city
within the county, the county may use as approaches for the bridge such
portions as may be necessary of any street of the city leading to the bridge.
The power, dominion and right of control over and to improve and maintain the
portions of any street so used belong exclusively to the county.
POWERS OF CITIES
RELATING TO ROADS AND HIGHWAYS
373.210
Improvement of through highways by certain cities. Any city having a population of less than
100,000 may provide for the improvement of any roads or streets within the
limits of the city at the partial expense of the general fund of the city in
the manner provided in ORS 373.220 and 373.230, where:
(1) Such roads or streets are parts of any
general system of state or county roads or highways; or
(2) Such roads or streets directly connect
with state or county roads or highways;
(3) Such roads or streets afford an outlet
from the limits of the city to adjoining state or county roads or highways; or
(4) Such roads or streets provide the most
accessible or generally traveled route from within the city to beyond the
limits of the city.
373.220
Procedure to authorize improvement. Whenever, by majority vote of the legislative authorities of a city
mentioned in ORS 373.210 or by initiative vote by the people thereof, it is
deemed advisable to construct or improve such designated roads or streets at
the partial expense of the general fund of the municipality, the governing body
shall so declare by ordinance, stating what portion of the cost shall be paid
out of the general fund of the municipality and what portion shall be paid by
assessment against property in the manner provided by charter or ordinance
provisions of the city, unless the amount or proportion has been fixed by the
initiative measure.
373.230
Charter or ordinance provisions governing improvement. Except as to the provision that a portion of
the cost of the improvement mentioned in ORS 373.220 may be paid out of the
general fund of the city, all other charter or ordinance provisions govern in
the matter of the construction and improvement of such roads and streets.
373.240
General road fund of city.
The general road fund of any city shall consist of the road money set apart for
the city as a road district or otherwise, under the laws of the state, out of
the road tax levied by the county, which the county treasurer shall pay to the
city, and any other money placed in the road fund of the city by the orders of
the city governing body.
373.250
Use of city road fund. The
road fund mentioned in ORS 373.240:
(1) Shall be used by the city for the
construction and repair of county roads and streets therein.
(2) May be used for the construction and
repair of roads without a city having a population of less than 100,000 which
lead directly to it.
(3) In carrying out such objects, may be
used jointly with the county in which the city is located as provided in ORS
373.260.
373.260
Agreements between counties and cities as to acquisition of rights of way and
road improvement. (1) The
county court or the board of county commissioners of any county and the authorities
of any city within the county may enter into an agreement for the construction,
improvement or repair of, and the acquisition of right of way for:
(a) Any county road or city street within
the corporate limits of the city.
(b) Any road without such city, if it has
a population of less than 100,000, but leading directly to it.
(2) In the agreements the parties shall
agree upon the proportion which each shall contribute toward such acquisition,
construction, improvement or repair and upon the method and kind of
acquisition, construction, improvement or repair to be made. [Amended by 1955
c.388 §1]
373.270
Transferring jurisdiction over county roads within cities. (1) Jurisdiction over a county road within a
city may be transferred under this section whenever:
(a) The county governing body deems it
necessary, expedient or for the best interest of the county to surrender
jurisdiction over any county road or portion thereof within the corporate
limits of any city; and
(b) The governing body of the city deems
it necessary or expedient and for the best interests of the city to acquire
jurisdiction over the county road or part thereof to the same extent as it has
over other public streets and alleys of the city.
(2) To initiate a proceeding for the transfer
of jurisdiction under this section, the county governing body, upon its own
motion or upon the request of the city by its governing body, shall give notice
by:
(a) Posting in three public places in the
county, one of which shall be within the limits of the city; or
(b) Publishing the notice once a week for
four successive weeks in some newspaper of general circulation in the county.
(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
county to the city 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 county governing
body 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 county to surrender jurisdiction over the county road or
portion thereof to the city.
(5) If a county governing body determines
to surrender jurisdiction under this section and initiates action under this
section:
(a) The county governing body shall make
an order to that effect and offer to the city to surrender jurisdiction over
the county road or portion thereof, and may limit the time for the acceptance
of the offer; and
(b) The city by appropriate municipal
legislation may within the time specified accept the county order and offer to
surrender jurisdiction under this section.
(6) If a city governing body determines to
initiate action under this section for the surrender of jurisdiction by a
county over a county road:
(a) The city governing body may initiate
the action by passage of appropriate municipal legislation that requests
surrender and that may set any time or other limitations upon acceptance by the
city of the surrender; and
(b) The county governing body may
surrender jurisdiction of the county road without further action by the city if
the county governing body adopts an order surrendering the county road that
meets the limitations established by the city in its legislation.
(7) When a city adopts appropriate
municipal legislation accepting a county governing bodys order under
subsection (5) of this section or when a county governing body adopts an order
meeting city legislation under subsection (6) of this section:
(a) The jurisdiction of the county over
the county road or portion thereof as a county road, 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 city; and
(c) The city shall have the same
jurisdiction over the road or portion thereof as by its charter and the laws of
the state are given or granted it over any of the public streets and alleys of
such city.
(8) This section is applicable to all
county roads, whether acquired by the county 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. [Amended by
1981 c.153 §73]
373.280
Assessments made by city under belief county road was city street. No assessment made by any city for the
improvement of any county road or portion thereof under the bona fide belief of
its governing body that it was a public street of the city is invalid where the
property owner has permitted the city to make the improvement or where the
county has surrendered jurisdiction to the city within the time when the
assessment is otherwise collectible by law, if within the time the assessment
would be otherwise collectible the city acquires full jurisdiction over the county
road or portion thereof as provided in ORS 373.270.
373.290
Amity given control of county roads and highways declared streets. The incorporated city of
373.300
Monmouth given control of certain highways declared streets. The city of
373.310
Myrtle Point given jurisdiction over certain county roads declared streets. (1) The city of
(a) All that portion of any county roads
within the corporate limits of the city, lying along
(b) All that portion of the county roads
within the corporate limits of the city, lying on or along Spruce Street and
the whole thereof, as shown upon the plat of the original town (now city) of
Myrtle Point and upon the plat of the first extension to the original town (now
city) of Myrtle Point, now on file and of record in the office of the county
clerk of Coos County.
(c) All that portion of the county roads
within the corporate limits of the city, lying upon or along First Street,
being Spruce Street extended, and the whole thereof, as shown upon the plats of
Border & Benders addition to the town (now city) of Myrtle Point, Border
& Benders extension to Border & Benders addition to the town (now
city) of Myrtle Point, Sengstackens addition to the town (now city) of Myrtle
Point and J. H. Roberts addition to the town (now city) of Myrtle Point, now
on file and of record in the office of the county clerk for Coos County.
(d) All that portion of any county roads
within the corporate limits of the city, lying along Railroad Avenue and the
whole thereof, as shown upon the plats of the first extension to the original
town (now city) of Myrtle Point, Lehnherrs addition to the town (now city) of
Myrtle Point, Browns first addition to the town (now city) of Myrtle Point,
Browns second addition and Smiths addition to the town (now city) of Myrtle
Point, now on file and of record in the office of the county clerk for Coos
County.
(2) The city of
373.320
373.330
City of
(a) State Highway Fund moneys allocated to
Multnomah County as provided in ORS 366.739; and
(b) Taxes imposed on motor vehicle fuel by
(2) The county roads within the corporate
limits of the City of
(3)
Note: Section 3, chapter 773, Oregon Laws 2005,
provides:
Sec.
3. (1) As a result of the
transfer of jurisdiction over county roads under section 1 of this 2005 Act
[373.330] and the transfer of moneys under section 1 or section 2 of this 2005
Act, an advisory committee is created.
(2) The advisory committee shall recommend
to the governing body of
(3) The advisory committee shall consist
of:
(a) One representative from
(b) One representative from the City of
(c) One representative from the City of
(d) One representative from the City of
Wood Village; and
(e) One representative from the City of
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
