Oregon Revised Statutes
As used in this chapter: “County road” means a public road under the jurisdiction of a county that has been designated as a county road under ORS 368.016. “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 administrati…
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. 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, 368.05…
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. A county governing body: Does not have jurisdiction over any public road that is a state highway. Shall only take action involving a local access road within a city if the ci…
A county governing body has the same jurisdiction over trails as it has over local access roads. This section applies to trails that: Are easements over land or by watercourse that are not part of a road right of way; Provide certain forms of ingress to or egress from land or water or permit travel between places; Do not provide vehicle access of the typ…
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: 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 t…
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: A county and its officers, employees or agents are not liable for failure to improve the local access road or keep it in repair. A county governing body shall spend county moneys on the loca…
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. …
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 S…
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 …
A county governing body may employ an engineer or practical road builder as a county road official. A county road official shall work under the direction of the county governing body and shall: Assist the county governing body in preparing specifications for county work to be done on any road within the county; Superintend work done by the county upon roa…
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.
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 s…
Jurisdiction over a road within a city may be transferred to a county under this section whenever: 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 The governing body of the county deems it necessary or ex…
ACQUISITION OF PROPERTY FOR ROADS
A county governing body may initiate proceedings to acquire title or a lesser interest in real property for public road purposes: On its own action; or If a person files the following with the county governing body: A petition described in ORS 368.081; or A written proposal to dedicate or donate land owned by that person for public road purposes.
A petition to initiate proceedings under ORS 368.073 must contain all of the following: A statement of the public necessity for the public road. A description of the proposed public road. A list containing the names and mailing addresses of any owner of property that: Is proposed to be acquired for the public road; Abuts the proposed public road; or Wo…
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. A …
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. Mu…
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: Acceptance of a dedication or donation. Acquisition by purchase or other agreement. Exercise of the power of eminent domain under ORS chapter 35. Use of road viewers unde…
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: 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. Discontinue the proceeding if the county governin…
If a county governing body acquires an interest in real property for public road purposes, the county governing body shall cause: Any order or resolution enacted and deed or other document establishing an interest in the property for public road purposes to be recorded; The road right of way to be surveyed and monumented; The survey to be prepared in comp…
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: The county governing body. If the proceedings for acquisition were initiated by a petition described under ORS 36…
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 …
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. When federal funds are not available or…
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 r…
The county governing body may by resolution accept the grant of rights of way for the construction of public roads over public lands of the United States. This section does not invalidate the acceptance of such grant by general public use and enjoyment.
ROAD VIEWERS
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. A board of road viewers established under this section shall consist of a county road official …
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: Set a time and place for a hearing on the establishment of the road; and Cause notice to be given to the persons and in the manner described in ORS…
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 …
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: If, through omission or defect, doubt exists as to the legal establishment or evidence of establishment of a public road. If the location of the road cannot be accurately determined due to: Numerous alterations …
If proceedings for legalization of a road are initiated under ORS 368.201, the county governing body shall: Cause the road to be surveyed to determine the location of the road and the width of the road according to: The laws governing the width of roads at the time the road was originally established; or If the original width of the road cannot be determi…
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. To qualify for compensation under this section, a person must file a claim for damages with the county gov…
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. When a county governing body legalizes a road under ORS 368.201 to 3…
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: The legalization of the road at the lesser width is in the public interest; or An encroachment on the road may not be practically removed under ORS 368.211.
ROAD HAZARDS
No person shall stop, obstruct or in any other manner impair or damage any drain, ditch or other man-made or natural waterway that: Prevents water from causing damage to, flowing across or standing on a public road under county jurisdiction; or Benefits a public road under county jurisdiction.
Except as authorized by the county governing body, an owner or lawful occupant of land shall not allow: 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 …
A county road official may order a person who is in violation of ORS 368.256 to remove, divert or otherwise discontinue the violation. An order issued under this section shall: Describe the nature and location of the violation; Direct the person to abate the violation within a specified period of time; Explain procedures the county road official may foll…
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. The order described under ORS 368.261 shall be included as…
A county road official may abate a violation of ORS 368.256 at any time if any of the following occur: 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. If a reasonable attempt to provide service under ORS 368.266 has been made and no own…
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. Notice of the hearing shall be provided by service under ORS 368.401 to 368.426 to: The person determined under ORS 368.266 …
The county governing body may recover costs ordered paid under ORS 368.276, by: Bringing an action for recovery of the costs in any court of competent jurisdiction; or 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…
VACATION OF COUNTY PROPERTY
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: …
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.
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.
A county governing body may initiate proceedings to vacate property under ORS 368.326 to 368.366 if: The county governing body adopts a resolution meeting the requirements of this section; 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 vacat…
Except as provided in ORS 368.351: 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 description of the ownership and uses of the property proposed to be vacated; An assessment by th…
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 owners’ approval of the proposed vacation and that contains the acknowledged signatures of owners of 100 percent of priv…
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. An order or resolution entered under this section shall: State whether the …
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: Vacation proceedings are initiated by each public body with jurisdiction; The public bodies proceed separately with vacation proceedings or conduct a joint proc…
When a county governing body vacates public property under ORS 368.326 to 368.366, the vacated property shall vest as follows: If the county holds title to the property in fee, the property shall vest in the county. If the property vacated is a public square the property shall vest in the county. Unless otherwise described in paragraph (a) or (b) of this …
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. ORS 368.401 to 368.426 do not: Limit the us…
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. A person providing notice shall accomplish notice that is personally served by obtaining a signed acknowledgment of receipt of notice from: The person being served; or A person …
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: The property subject to the proceeding that is the subject of the notice; or Property within the vicinity of the property described in paragraph (a) of this subsection. N…
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. 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 t…
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 pub…
Any notice under ORS 368.401 to 368.426 must include all of the following: A short plain statement of the subject matter of the proceeding that requires the notice. A statement of matters asserted or charged or action proposed to be taken at the proceeding. An explanation of how persons may obtain more detailed information about the proceeding. A stateme…
COUNTY ROAD FUNDS
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. The county road fund must be used in establishing, laying out, opening, surveying, altering, improving, constructing, maintaining and repairing county roads and b…
Notwithstanding ORS 294.060 and 368.705, moneys described in ORS 294.060 (1) that are received by a county listed in subsection (2) of this section and deposited into that county’s road fund may be expended for patrolling within the county by the county’s law enforcement officials. Subsection (1) of this section applies to: Coos County; Curry County; Dou…
Notwithstanding ORS 294.060, 294.468 (1)(c) and 368.705, a county that receives moneys described in ORS 294.060 (1) and deposits those moneys into the county’s road fund may make an interfund loan of the moneys described in ORS 294.060 (1) to any other fund of that county for the purpose of patrolling by county law enforcement officials. Notwithstanding ORS…
Notwithstanding ORS 294.060, 294.468 and 368.705, moneys from federal sources in the county road fund of Curry County, Klamath County or Yamhill County may be loaned to: Any taxing district located within the county; Another county; or Any taxing district located in another county. The amount of the loan may not exceed the lesser of: The amount of opera…
A countywide local option tax imposed by a county under ORS 280.040 to 280.145 for road improvement, repair or maintenance must be apportioned as follows: 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 proper…
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 c…
The county court or board of county commissioners may borrow money from the general road fund of the county to supplement depleted election accounts within the general fund of the county if there is no money within the emergency fund of the county to supplement the depleted accounts within the general fund. The amount so borrowed shall be returned to the gen…
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. All such w…
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.
MISCELLANEOUS PROVISIONS
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 abutt…
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. The fund drawn upon for the repairs shall be reimbursed by an assessment of the total cost against th…
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 abutti…
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. One year from the date an assessment is …
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 withi…
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.
ORS 368.942 and 368.945 do not apply to: The posting or maintaining of any notice required by law to be posted or maintained; or The placing and maintaining, within the limits of the right of way of any county road, of: Signs approved by the county governing body and giving information about scenic, historical, resort or recreational areas; Signs approve…
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, …
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. PENALTIES
Violation of ORS 368.251, 368.256 or 368.942 is a Class C misdemeanor. _______________