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USA Statutes : oregon
Title : TITLE 31 HIGHWAYS, ROADS, BRIDGES AND FERRIES
Chapter : Chapter 368 County Roads
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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] (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 shall not enact an ordinance to supersede any of the
following provisions: This section and ORS 368.001, 368.016, 368.021,
368.026, 368.031, 368.051, 368.705, 368.707, 368.710, 368.720 and
368.722. [1981 c.153 §3] (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] (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]
(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] 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] (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](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.(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] (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] 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] 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] (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]ACQUISITION OF PROPERTY FOR ROADSA 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] (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] (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] (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] (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] (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] 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] (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] (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](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]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] 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. [Formerly 368.555]ROAD VIEWERS (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] (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](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 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] (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]
(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] (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]
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]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:
(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] (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] (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] (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] (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]
(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]
(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]
VACATION OF COUNTY PROPERTYORS 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]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] 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](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] 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] 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 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 official'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] (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] (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] (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 person'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(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] (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] (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] (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] 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]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]
COUNTY ROAD FUNDS (1) In addition
to a tax authorized by the electors of a county as provided by ORS
280.040 to 280.145 and by subsection (3) of this section, the county
governing body of each county may levy an ad valorem tax on all taxable
property within the county, which shall be set apart in the county
treasury as a general road fund. The tax shall be paid in money. The tax
shall be levied and collected in the same manner as other county taxes
and subject to the limits set forth in ORS 310.150.
(2) The general road fund mentioned in subsection (1) of this
section shall be used:
(a) In establishing, laying out, opening, surveying, altering,
improving, constructing, maintaining and repairing county roads and
bridges on county roads; or
(b) In like manner alone or in cooperation with the state on roads
within the county known as state roads, or such roads or any portion
thereof built in cooperation with the United States in accordance with
the Act of July 11, 1916, entitled "An act to provide that the United
States shall aid the states in the construction of rural post roads and
for other purposes," or any other Act of Congress, rule or regulation of
any department of the United States.
(3) Taxes levied pursuant to ORS 369.020 may be levied under the
authority of this section if the county governing body transmits to the
county assessor and county clerk with its notice of levy a certificate of
the levy made pursuant to ORS 369.020 for the previous tax year together
with its request to continue the former levy for market road purposes as
a levy for county road purposes.
(4) No county funds derived from any ad valorem tax levy other than
those mentioned in subsections (1) and (3) of this section shall be used
or expended by the county governing body upon any roads or bridges except
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] Local option
taxes levied as provided by ORS 280.040 to 280.145 shall be apportioned
and transferred to cities as provided by ORS 368.710. [1967 c.203 §3;
1999 c.21 §74](1) The tax imposed under ORS 368.705 shall be apportioned
as follows:
(a) Not less than 50 percent of the tax shall be apportioned to the
several road districts, including districts composed of incorporated
cities and towns, in such 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 or town shall 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 or town.
(b) The entire remaining revenue shall be applied to roads in such
locality in the county as the county governing body directs.
(2) No road tax shall be included in any general fund levy or in
any other fund in such a manner that it cannot be readily ascertained for
apportionment as provided in this section. [Amended by 1991 c.459 §388a]
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] (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]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]MISCELLANEOUS PROVISIONS(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. (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. 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.(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.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]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]
(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]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]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(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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