Chapter 368 — Chapter 368
180 sections in this chapter.
ORS 368.171 Order, costs and damages under proceeding with road viewers. (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
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(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 368.201 Basis for legalization of road. 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
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(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 adjace…
ORS 368.205 [Amended by 1975 c.774 §1; 1977 c.338 §1; repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.206 Proceedings for legalization of roads; report; notice. (1) If proceedings for legalization of a road are initiated under ORS 368.201, the county governing body shall
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(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 f…
ORS 368.210 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.211 Compensation for property affected by road legalization. (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
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(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…
ORS 368.215 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.216 Order under road legalization proceeding. (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
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(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…
ORS 368.218 [1975 c.774 §2; repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.220 [Repealed by 1975 c.771 §33]
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[Repealed or reserved.]
ORS 368.221 Legalization of road of substandard width. 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
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(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]
ORS 368.225 [Repealed by 1975 c.771 §33]
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[Repealed or reserved.]
ORS 368.230 [Amended by 1971 c.659 §4; repealed by 1975 c.771 §33]
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[Repealed or reserved.]
ORS 368.235 [Amended by 1965 c.10 §1; repealed by 1975 c.771 §33]
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[Repealed or reserved.]
ORS 368.240 [Repealed by 1975 c.771 §33]
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[Repealed or reserved.]
ORS 368.245 [Amended by 1969 c.423 §3; repealed by 1975 c.771 §33]
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[Repealed or reserved.]
ORS 368.250 [Repealed by 1975 c.771 §33]
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ROAD HAZARDS
ORS 368.251 Obstruction of road drains prohibited. No person shall stop, obstruct or in any other manner impair or damage any drain, ditch or other man-made or natural waterway that
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(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]
ORS 368.255 [Repealed by 1975 c.771 §33]
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[Repealed or reserved.]
ORS 368.256 Creation of road hazard prohibited. (1) Except as authorized by the county governing body, an owner or lawful occupant of land shall not allow
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(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 o…
ORS 368.260 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.261 Order to abate road hazard. (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
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(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; a…
ORS 368.265 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.266 Hearing on abatement of road hazard; notice. (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
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(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) …
ORS 368.270 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.271 Abatement of road hazard by county. (1) A county road official may abate a violation of ORS 368.256 at any time if any of the following occur
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(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 occu…
ORS 368.275 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.276 Hearing, notice and costs when county abates road hazard. (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
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(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…
ORS 368.280 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.281 County recovery of costs for road hazard abatement; lien. (1) The county governing body may recover costs ordered paid under ORS 368.276, by
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(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 …
ORS 368.285 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.290 [Amended by 1981 c.153 §65; renumbered 368.116]
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[Repealed or reserved.]
ORS 368.295 [Amended by 1955 c.247 §1; repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.300 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.305 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.310 [1969 c.296 §2; renumbered 368.121]
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VACATION OF COUNTY PROPERTY
ORS 368.326 Purpose of vacation procedures; limitation. ORS 368.326 to 368.366 establish vacation procedures by which a county governing body may vacate a subdivision, part of a subdivision, a public road, a trail, a public easement, public square or any other public property or public interest in property under the jurisdiction of the county governing body. The vacation procedures under ORS 368.326 to 368.366
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(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]
ORS 368.331 Limitation on use of vacation proceedings that would eliminate access. 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]
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[Repealed or reserved.]
ORS 368.336 Abutting owners in vacation proceedings. 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]
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[Repealed or reserved.]
ORS 368.341 Initiation of vacation proceedings; requirements for resolution or petition; fees. (1) A county governing body may initiate proceedings to vacate property under ORS 368.326 to 368.366 if
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(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 …
ORS 368.346 Report, notice and hearing for vacation proceedings. Except as provided in ORS 368.351
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(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 pr…
ORS 368.351 Vacation without hearing. 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
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(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…
ORS 368.356 Order and costs in vacation proceedings. (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
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(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 …
ORS 368.361 Intergovernmental vacation proceedings. (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
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(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 m…
ORS 368.366 Vesting of vacated property. (1) When a county governing body vacates public property under ORS 368.326 to 368.366, the vacated property shall vest as follows
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(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…
ORS 368.401 General notice provisions. (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
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(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 …
ORS 368.405 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.406 Notice by service. (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
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(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 perso…
ORS 368.410 [Repealed by 1981 c.153 §79]
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[Repealed or reserved.]
ORS 368.411 Notice by posting. (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
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(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…