Title 31, Highways, Roads, Bridges and Ferries

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…

(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 may not enact an ordinance to supersede…

(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 st…

(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 …

(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 …

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 o…

(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 co…

(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 standa…

(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 consi…

(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 wo…

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 …

(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 corpo…

A 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 writte…

(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 t…

(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 dete…

(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 propos…

(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…

(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 dete…

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) T…

(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. …

(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 negoti…

(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 condition…

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 ot…

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]

(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 …

(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 th…

(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…

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 t…

(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 th…

(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 comp…

(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 procedure…

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 …

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 unde…

(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…

(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 viola…

(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 t…

(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.…

(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 provide…

(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 …

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 th…

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 …

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 th…

(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 p…

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 …

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 vacatio…

(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 36…

(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; …

(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 prope…

(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…