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USA Statutes : oregon
Title : TITLE 31 HIGHWAYS, ROADS, BRIDGES AND FERRIES
Chapter : Chapter 373 Roads and Highways Through Cities
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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]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](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](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.(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.(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(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.
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] 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 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. 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.
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. 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. 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.(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]
(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 body’s 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]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.The incorporated city of Amity, in Yamhill County, has exclusive
control and jurisdiction over all county roads and highways within its
corporate boundaries. Such county roads and highways are streets, subject
to all the burdens and servitudes thereof. The control of such county
roads and highways is excepted out of the jurisdiction of the County
Court of Yamhill County.The city of Monmouth, in Polk County, has full and exclusive
jurisdiction, power and control over all that part of the highway known
as Monmouth Avenue from its intersection with Main Street north to the
northeast corner of University Out Lot B located within the corporate
limits of the city. Such highway is a street, subject to all the burdens
and servitudes thereof. The control of such highway is excepted out of
the jurisdiction of the County Court of Polk County.(1) The city of Myrtle Point, in Coos County, has
absolute and complete jurisdiction over the following portions of the
following county roads located within the corporate limits of the city:
(a) All that portion of any county roads within the corporate
limits of the city, lying along First Street and the whole thereof, as
such street is described upon the plat of the original town (now city) of
Myrtle Point, now on file and of record in the office of the county clerk
for Coos County.
(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 &
Bender’s addition to the town (now city) of Myrtle Point, Border &
Bender’s extension to Border & Bender’s addition to the town (now city)
of Myrtle Point, Sengstacken’s 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, Lehnherr’s addition to the town (now city) of
Myrtle Point, Brown’s first addition to the town (now city) of Myrtle
Point, Brown’s second addition and Smith’s 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 Myrtle Point has jurisdiction over such portion of
the roads in the same manner and to the same extent that it has
jurisdiction over such streets, such portions to be streets of the city
of Myrtle Point. All county
roads or other roads under the jurisdiction of the county court of Marion
or Polk County, within the corporate limits of the City of Salem, are
streets of the city. The city has exclusive control and jurisdiction over
all such roads. The county courts of Marion and Polk Counties have no
jurisdiction thereof.(1) As used in this section, “road funds” means:
(a) State Highway Fund moneys allocated to Multnomah County as
provided in ORS 366.739; and
(b) Taxes imposed on motor vehicle fuel by Multnomah County.
(2) The county roads within the corporate limits of the City of
Gresham, in Multnomah County, are transferred and designated to be within
the exclusive control and jurisdiction of the City of Gresham. These
county roads are city streets, subject to all of the burdens and
servitudes of city streets. Multnomah County does not have control of or
jurisdiction over the roads described in this subsection.
(3) Multnomah County and the City of Gresham shall enter into an
agreement concerning the distribution of the total road funds of the
county. When Multnomah County and the City of Gresham have reached an
agreement, they shall notify the Oregon Transportation Commission and the
Office of the Legislative Counsel. [2005 c.773 §1]Note: Sections 2, 3 and 4, chapter 773, Oregon Laws 2005, provide:
Sec. 2. Multnomah County shall transfer annually to the City of
Gresham a share of the State Highway Fund moneys allocated to the county
as provided in ORS 366.739 that is equal to the total road funds of the
county, less road funds transferred to other jurisdictions under
intergovernmental agreements entered into before the effective date of
this 2005 Act [January 1, 2006], multiplied by the percentage share of
county road center line miles transferred to the City of Gresham under
section 1 of this 2005 Act [373.330]. [2005 c.773 §2]
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
Multnomah County the appropriate allocation of road funds, as defined in
section 1 of this 2005 Act, to the Cities of Troutdale, Wood Village and
Fairview. The recommendation shall be based on the individual needs of
each of those cities.
(3) The advisory committee shall consist of:
(a) One representative from Multnomah County;
(b) One representative from the City of Gresham;
(c) One representative from the City of Troutdale;
(d) One representative from the City of Wood Village; and
(e) One representative from the City of Fairview. [2005 c.773 §3]
Sec. 4. Section 2 of this 2005 Act becomes operative only if
Multnomah County and the City of Gresham have not entered into an
agreement as provided in section 1 of this 2005 Act [373.330] on or
before December 31, 2005. [2005 c.773 §4]
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