Title 31, Highways, Roads, Bridges and Ferries

(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 s…

(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) Prop…

(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 p…

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 p…

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 explana…

(1) As used in this section and ORS 368.710, “county road fund” means a separate fund in the county treasury designated to receive deposit of revenues that are dedicated to roads or road improvements. (2) The county road fund must be used in establishing, laying out, opening, sur…

(1) Notwithstanding ORS 294.060 and 368.705, moneys described in ORS 294.060 (1) that are received by a county listed in subsection (2) of this section and deposited into that county’s road fund may be expended for patrolling within the county by the county’s law enforcement offi…

(1) Notwithstanding ORS 294.060, 294.468 (1)(c) and 368.705, a county that receives moneys described in ORS 294.060 (1) and deposits those moneys into the county’s road fund may make an interfund loan of the moneys described in ORS 294.060 (1) to any other fund of that county for…

(1) Notwithstanding ORS 294.060, 294.468 and 368.705, moneys from federal sources in the county road fund of Curry County, Klamath County or Yamhill County may be loaned to: (a) Any taxing district located within the county; (b) Another county; or (c) Any taxing district located …

(1) A countywide local option tax imposed by a county under ORS 280.040 to 280.145 for road improvement, repair or maintenance must be apportioned as follows: (a) Not less than 50 percent of the tax collected must be apportioned to the several road districts, including districts …

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 destruc…

The county court or board of county commissioners may borrow money from the general road fund of the county to supplement depleted election accounts within the general fund of the county if there is no money within the emergency fund of the county to supplement the depleted accou…

(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 r…

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]

(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 rep…

(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…

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 …

(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 …

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 …

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]

ORS 368.942 and 368.945 do not apply to: (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 …

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…

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.4…

Violation of ORS 368.251, 368.256 or 368.942 is a Class C misdemeanor. [Subsection (4) enacted as 1973 c.462 §7; 1981 c.153 §70; 2011 c.597 §186] _______________

On or before January 1, 1974, county courts of the respective counties or city councils of the respective cities may take action to designate former “county market roads” as ways of public easement. If no designation is made, such roads shall become a part of the respective count…

Notwithstanding ORS 369.020 or any action pursuant thereto, a road within a city that was a designated county market road prior to January 1, 1974, shall be on the county road system until the county surrenders jurisdiction over the road within a city and the city accepts the cou…

(1) Any county may issue bonds for the purpose of raising money to be used for the construction and maintenance of permanent roads in that county. (2) All moneys raised under the provisions of this chapter shall be used in constructing permanent public roads in that county, which…

The county court: (1) Shall prepare plans and specifications of roads mentioned in ORS 370.010. (2) Shall invite bids in conformity to such plans and specifications. (3) May also receive and consider any and all bids in conformity to any plans and specifications furnished by any …

(1) This section establishes the procedure for determining whether a county shall issue bonds under ORS 370.010. The question shall be decided by election. The county court: (a) May order the election on its own resolution; or (b) Shall order the election when a petition is filed…

If the county court in its order calling an election under ORS 370.031 designates the particular roads to be built or improved by the money raised by the sale of bonds, the county court shall not use any of the money raised upon any other road or for any other purpose than those …

If at any election under ORS 370.031 a majority of the electors voting at the election favors issuing the bonds, the county court shall enter an order in its journal declaring that fact. This order shall: (1) Be conclusive as to the regularity of all the proceedings in reference …

After having entered the order as provided in ORS 370.130, the county court shall cause the bonds to be issued as prescribed in ORS chapter 287A. [Amended by 1981 c.94 §34; 2007 c.783 §175]

After the issuance of bonds has been authorized by an election held in accordance with ORS 370.031, 370.120 and 370.130, the county court, in lieu of bonds redeemable only at the time stated in the notice, may issue bonds and, in the order providing for their issuance, reserve th…

In its discretion, the county court further may issue either term bonds or the serial bonds mentioned in ORS 370.150 with the option of redeeming them on and after certain interest-paying dates specified by the county court in the bonds. [Amended by 1997 c.171 §19; 2007 c.783 §17…

Beginning with the fourth year after the bonds are sold the county court shall each year thereafter, until maturity of the bonds, set aside as a special fund for their payment such percentage of the face value of the bonds as at the date of their maturity shall aggregate their fu…

The amount necessary to provide the redemption fund and to pay the annual interest on outstanding bonds shall be added to the general levy of taxes as may be required, which tax shall be levied upon all the taxable property within the county.

Whenever there are sufficient funds on hand in the bond redemption fund, the county treasurer with the approval of the county court may loan any money in the bond redemption fund, secured by first mortgage on improved real estate within the county at six percent interest per year…

(1) After the issuance of bonds has been authorized by an election held in accordance with ORS 370.031, 370.120 and 370.130, the county court, in lieu of the issuance of any or all such bonds, may issue warrants drawn upon the county treasury for the purpose of securing any or al…

As used in this chapter, unless the context requires otherwise, “county court” includes board of county commissioners. COUNTY ROAD DISTRICTS

For the purpose of improving county roads, as defined in ORS 368.001, or public roads within the boundaries of a city or drainage district, numbered road districts may be formed from contiguous territory within the county. [Amended by 1971 c.727 §101; 1989 c.593 §3]

Every drainage district consisting of 5,000 acres or more, and every city, shall constitute a separate road district. The county court shall not divide such territory to include any of it in any other road district unless the people of the drainage district or city, by majority v…

Any construction, maintenance and repairs on roads within the boundaries of a drainage road district shall be only on such public roads, as defined in ORS 368.001, within the district as are designated by order of the board of supervisors of the drainage district. The board of su…

Any construction, maintenance and repairs on roads within the boundaries of a city that constitutes an entire and separate road district under ORS 371.060 shall be only on such public roads, as defined in ORS 368.001, within the district as are designated by order of the governin…

Any island or part thereof exceeding in area 12 square miles and located in any one county hereby is constituted a separate and distinct road district of the county.

Upon the petition of 12 or a majority of the resident freeholders of any road district, approved by the roadmaster, praying for a change in grade or other extensive improvements to a public road as defined in ORS 368.001, the county court shall instruct the county surveyor, engin…

(1) A road district may assess, levy and collect each year an ad valorem tax on all taxable property within the road district. (2) Ad valorem taxes authorized by this section shall be paid in money and shall be levied and collected in the same manner as other county taxes. (3) No…

(1) All tax moneys levied and collected by the road district shall be credited and kept as a special fund by the county treasurer to the account of the road district. No part of such fund shall be transferred or loaned. (2) Except as provided in subsection (3) of this section, th…

(1) If the boundaries of any road district are changed after the levy of any road tax in or for such road district and before the expenditure of the tax, provision shall be made by the county court for such expenditure in the localities contemplated at the time of levy, notwithst…

Contiguous territory lying within any county and not incorporated within the limits of a city may be formed into, or included in, a special road district in the manner provided by ORS 371.305 to 371.360. [Amended by 1961 c.681 §1; 1965 c.498 §4; 2003 c.802 §104]

(1) If a county court approves a petition for formation of a special road district, the order of the county court declaring the formation shall also declare, in addition to other matters specified in ORS 198.810, whether the commissioners of the district shall be appointed by the…