Chapter 368 — Chapter 368
180 sections in this chapter.
ORS 368.001 Definitions. As used in this chapter
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(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 th…
ORS 368.005 [Amended by 1971 c.135 §1; repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.010 [Amended by 1963 c.501 §1; repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.011 County authority to supersede statutes; limitations. (1) Except as otherwise provided in this section, a county may supersede any provision in this chapter by enacting an ordinance pursuant to the charter of the county or under powers granted the county in ORS 203.030 to 203.075
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(2) A county may not enact an ordinance to supersede a provision of this section or ORS 368.001, 368.016, 368.021, 368.026, 368.031, 368.051, 368.705, 368.710, 368.720 or 368.722. [1981 c.153 §3; 2007 c.679 §3]
ORS 368.016 County authority over roads; limitations. (1) Except as provided in this section or as otherwise specifically provided by law, the exercise of governmental powers relating to a road within a county is a matter of county concern
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(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 …
ORS 368.021 County authority over trails. (1) A county governing body has the same jurisdiction over trails as it has over local access roads
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(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 pro…
ORS 368.026 Withdrawal of county road status; report; notice; hearing. (1) A county governing body shall use the following procedure to withdraw county road status from a portion of a county road that is outside a city
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(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 govern…
ORS 368.031 County jurisdiction over local access roads. A local access road that is outside a city is subject to the exercise of jurisdiction by a county governing body in the same manner as a county road except as follows
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(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 c…
ORS 368.036 Standards for county roads and road work. (1) County roads and work performed on county roads shall comply with specifications and standards, including standards for width, adopted by the county governing body. If the county governing body does not have specifications for work performed on county roads, the work shall comply with standards and specifications adopted by the Department of Transportation
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(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 …
ORS 368.039 Road standards adopted by local government supersede standards in fire codes; consultation with fire agencies. (1) When the governing body of a county or city adopts specifications and standards, including standards for width, for roads and streets under the jurisdiction of the governing body, such specifications and standards shall supersede and prevail over any specifications and standards for roads and streets that are set forth in a uniform fire code adopted by the State Fire Marshal, a municipal fire department or a county firefighting agency
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(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 com…
ORS 368.041 Widths of county roads; maintenance of designated roads as county roads. (1) Unless otherwise provided under ORS 368.036, a public road that is designated as a county road after August 2, 1951, shall be 50 feet or any greater width the county governing body establishes. The proposed width shall be stated in all petitions or notices that initiate consideration of the designation of a road as a county road. The width established for a road shall be stated in orders or resolutions accepting the road as a county road under ORS 368.016
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(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]
ORS 368.046 Employment of county road official; duties. (1) A county governing body may employ an engineer or practical road builder as a county road official
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(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 t…
ORS 368.051 Accounting for county road work. The county road official or such other person as may be designated by the county governing body shall maintain a complete and accurate cost account for road work performed by the county as required under ORS 279C.305. [Formerly 368.150; 2003 c.794 §267]
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[Repealed or reserved.]
ORS 368.055 [Amended by 1963 c.519 §36; repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.056 Permit for gate construction on public road. A county governing body may issue a permit to a person to allow construction of a gate or stock guard on a public road under the jurisdiction of the county governing body. The county governing body may impose any conditions or specifications on the permit it determines advisable to preserve the purposes of the public road. Conditions on a permit under this section may include a requirement that the person issued the permit shall bear all costs of construction and maintenance of the gate or stock guard. [1981 c.153 §33]
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[Repealed or reserved.]
ORS 368.060 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.062 Transferring road within city to county jurisdiction. (1) Jurisdiction over a road within a city may be transferred to a county under this section whenever
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(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 f…
ORS 368.065 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.070 [Repealed by 1981 c.153 §79]
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ACQUISITION OF PROPERTY FOR ROADS
ORS 368.073 Initiation of proceedings to acquire property for road purposes. A county governing body may initiate proceedings to acquire title or a lesser interest in real property for public road purposes
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(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]
ORS 368.075 [Repealed by 1975 c.774 §3 (368.076 enacted in lieu of 368.075)]
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[Repealed or reserved.]
ORS 368.076 [1975 c.774 §4 (enacted in lieu of 368.075); repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.080 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.081 Requirements for petition to initiate road proceedings; fees. (1) A petition to initiate proceedings under ORS 368.073 must contain all of the following
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(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;…
ORS 368.085 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.086 Road proceedings; hearing; notice. (1) If proceedings to acquire real property for public road purposes are initiated by filing a petition described under ORS 368.081, a county governing body shall not begin any proceedings described under ORS 368.096 until the county governing body has conducted a hearing to determine whether the public interest would be served by continuing the proceedings
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(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…
ORS 368.090 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.091 Owners’ rights to terminate road proceedings. (1) A county governing body shall discontinue any proceedings to acquire real property for public road purposes that are initiated by a petition described ORS 368.081 at any time before acquisition of the property if a majority of the owners of property that would abut the proposed road file objections to establishing the road with the county governing body
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(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]
ORS 368.095 [Amended by 1969 c.518 §1; 1971 c.121 §1; repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.096 Alternative methods to acquire property for roads. (1) If proceedings to acquire real property for public road purposes have been initiated under ORS 368.073, a county governing body may acquire the property by any of the following methods
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(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 establish…
ORS 368.100 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.101 Authority to change road proceedings; limitation. (1) At any time after a proceeding is initiated under ORS 368.073 for the acquisition of real property for public road purposes, a county governing body may
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(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 p…
ORS 368.105 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.106 Records and survey of property acquired for road. If a county governing body acquires an interest in real property for public road purposes, the county governing body shall cause
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(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 surv…
ORS 368.110 [Amended by 1973 c.518 §1; repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.111 Assessment of costs and damages from road proceedings. (1) If a county incurs costs or is required to pay damages in the acquisition of property necessary for a public road, the county governing body may assess those costs or damages to and order the costs or damages to be paid by any of the following
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(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 i…
ORS 368.115 [Amended by 1973 c.518 §2; repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.116 Acquisition of railroad right of way. (1) Whenever in the location, relocation, construction or betterment of a public road, a county governing body determines that it is necessary to locate, relocate or construct the public road, or any part thereof, upon the right of way of a railroad company, the county may negotiate and agree with the railroad company for the right to use or occupy the right of way, or any portion necessary for public road purposes
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(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…
ORS 368.120 [Amended by 1973 c.518 §3; repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.121 Financial assistance to persons displaced by county road acquisition; rules. (1) When federal funds are available for payment of direct financial assistance to persons displaced by county road acquisition, a county may match such federal funds to the extent provided by federal law and to provide such direct assistance in the instances and on the conditions set forth by federal law and regulations
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(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…
ORS 368.125 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.126 Order establishing new road along existing road to identify parts of existing road to be vacated. When a county governing body establishes a new public road following the general alignment of an existing public road, the final order or resolution shall identify all parts of any existing road that are to be vacated. Vacation of those parts described is effective without any other proceedings. A road so vacated shall not be closed to public use until the road laid out to replace it is actually opened to travel. [Formerly 368.540]
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[Repealed or reserved.]
ORS 368.130 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.131 Right of way over United States public lands. 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]
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[Repealed or reserved.]
ORS 368.132 [1973 c.518 §6; repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.135 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.140 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.150 [1971 c.121 §2; 1981 c.153 §64; renumbered 368.051]
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ROAD VIEWERS
ORS 368.161 Use of road viewers to establish road. (1) When proceedings have been initiated under ORS 368.073 to acquire real property for public road purposes, the county governing body may establish a board of road viewers and acquire property for the proposed road in the manner described in ORS 368.161 to 368.171
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(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…
ORS 368.166 Road viewer report; hearing; notice. (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
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(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 w…