Oregon Statutes - Chapter 368 - County Roads

368.001 Definitions.
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...
368.005 [Amended by 1971 c.135 §1; repealed by 1981 c.153 §79]
368.010 [Amended by 1963 c.501 §1; repealed by 1981 c.153 §79]
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...
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...
368.021 County authority over trails.
(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:...
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...
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...
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....
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...
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...
368.046 County road official; duties.
(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...
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...
368.055 [Amended by 1963 c.519 §36; repealed by 1981 c.153 §79]
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...
368.060 [Repealed by 1981 c.153 §79]
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: (a) The governing body of the city...
368.065 [Repealed by 1981 c.153 §79]
368.070 [Repealed by 1981 c.153 §79]
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: (1) On its own...
368.075 [Repealed by 1975 c.774 §3 (368.076 enacted in lieu of 368.075)]
368.076 [1975 c.774 §4 (enacted in lieu of 368.075); repealed by 1981 c.153 §79]
368.080 [Repealed by 1981 c.153 §79]
368.081 Requirements for petition to initiate road proceedings.
(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...
368.085 [Repealed by 1981 c.153 §79]
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...
368.090 [Repealed by 1981 c.153 §79]
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...
368.095 [Amended by 1969 c.518 §1; 1971 c.121 §1; repealed by 1981 c.153 §79]
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...
368.100 [Repealed by 1981 c.153 §79]
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...
368.105 [Repealed by 1981 c.153 §79]
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: (1) Any order or...
368.110 [Amended by 1973 c.518 §1; repealed by 1981 c.153 §79]
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...
368.115 [Amended by 1973 c.518 §2; repealed by 1981 c.153 §79]
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...
368.120 [Amended by 1973 c.518 §3; repealed by 1981 c.153 §79]
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...
368.125 [Repealed by 1981 c.153 §79]
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...
368.130 [Repealed by 1981 c.153 §79]
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...
368.132 [1973 c.518 §6; repealed by 1981 c.153 §79]
368.135 [Repealed by 1981 c.153 §79]
368.140 [Repealed by 1981 c.153 §79]
368.150 [1971 c.121 §2; 1981 c.153 §64; renumbered 368.051]
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...
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...
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...
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: (1)...
368.205 [Amended by 1975 c.774 §1; 1977 c.338 §1; repealed by 1981 c.153 §79]
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: (a) Cause the road to be surveyed...
368.210 [Repealed by 1981 c.153 §79]
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...
368.215 [Repealed by 1981 c.153 §79]
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...
368.218 [1975 c.774 §2; repealed by 1981 c.153 §79]
368.220 [Repealed by 1975 c.771 §33]
368.221 Legalization; county determination of lesser 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...
368.225 [Repealed by 1975 c.771 §33]
368.230 [Amended by 1971 c.659 §4; repealed by 1975 c.771 §33]
368.235 [Amended by 1965 c.10 §1; repealed by 1975 c.771 §33]
368.240 [Repealed by 1975 c.771 §33]
368.245 [Amended by 1969 c.423 §3; repealed by 1975 c.771 §33]
368.250 [Repealed by 1975 c.771 §33]
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: (1) Prevents...
368.255 [Repealed by 1975 c.771 §33]
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: (a) Any water to overflow, seep...
368.260 [Repealed by 1981 c.153 §79]
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. (2)...
368.265 [Repealed by 1981 c.153 §79]
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...
368.270 [Repealed by 1981 c.153 §79]
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: (a) If the period...
368.275 [Repealed by 1981 c.153 §79]
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...
368.280 [Repealed by 1981 c.153 §79]
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: (a) Bringing an action for recovery of the costs in any...
368.285 [Repealed by 1981 c.153 §79]
368.290 [Amended by 1981 c.153 §65; renumbered 368.116]
368.295 [Amended by 1955 c.247 §1; repealed by 1981 c.153 §79]
368.300 [Repealed by 1981 c.153 §79]
368.305 [Repealed by 1981 c.153 §79]
368.310 [1969 c.296 §2; renumbered 368.121]
368.326 Purpose of vacation proceedings; 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...
368.331 Limitation on use of vacation proceedings to 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...
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...
368.341 Initiation of vacation proceedings; requirements for resolution or petition.
(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...
368.346 Report, notice and hearing for vacation proceedings.
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...
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...
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...
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...
368.366 Ownership 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: (a) If the county...
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...
368.405 [Repealed by 1981 c.153 §79]
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...
368.410 [Repealed by 1981 c.153 §79]
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...
368.415 [Amended by 1953 c.229 §2; 1971 c.427 §1; 1981 c.153 §66; renumbered 368.041]
368.416 Notice by publication.
(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...
368.420 [Repealed by 1981 c.153 §79]
368.421 Record of notice.
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...
368.425 [Repealed by 1981 c.153 §79]
368.426 Contents of notice.
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...
368.430 [Repealed by 1981 c.153 §79]
368.435 [Repealed by 1981 c.153 §79]
368.440 [Repealed by 1981 c.153 §79]
368.445 [Repealed by 1981 c.153 §79]
368.450 [Repealed by 1981 c.153 §79]
368.455 [Repealed by 1981 c.153 §79]
368.460 [Repealed by 1981 c.153 §79]
368.465 [Repealed by 1981 c.153 §79]
368.470 [Repealed by 1981 c.153 §79]
368.475 [Repealed by 1981 c.153 §79]
368.480 [Repealed by 1981 c.153 §79]
368.485 [Amended by 1971 c.135 §2; repealed by 1981 c.153 §79]
368.490 [Repealed by 1981 c.153 §79]
368.495 [Repealed by 1981 c.153 §79]
368.500 [Repealed by 1981 c.153 §79]
368.505 [Repealed by 1981 c.153 §79]
368.510 [Repealed by 1981 c.153 §79]
368.515 [Repealed by 1981 c.153 §79]
368.520 [Repealed by 1981 c.153 §79]
368.525 [Repealed by 1981 c.153 §79]
368.530 [Repealed by 1981 c.153 §79]
368.535 [Repealed by 1981 c.153 §79]
368.540 [Amended by 1981 c.153 §67; renumbered 368.126]
368.545 [Repealed by 1961 c.556 §3]
368.546 [1961 c.556 §1; repealed by 1981 c.153 §79]
368.550 [Repealed by 1961 c.556 §3]
368.551 [1961 c.556 §2; 1973 c.244 §1; repealed by 1981 c.153 §79]
368.555 [Amended by 1967 c.256 §1; 1981 c.153 §68; renumbered 368.131]
368.560 [Repealed by 1981 c.153 §79]
368.565 [Amended by 1971 c.287 §2; repealed by 1981 c.153 §79]
368.570 [Repealed by 1981 c.153 §79]
368.575 [Amended by 1977 c.275 §2; repealed by 1981 c.153 §79]
368.580 [Amended by 1963 c.501 §2; repealed by 1981 c.153 §79]
368.582 [1963 c.501 §§3,4; repealed by 1981 c.153 §79]
368.585 [Repealed by 1981 c.153 §79]
368.590 [Repealed by 1981 c.153 §79]
368.595 [Repealed by 1981 c.153 §79]
368.600 [Amended by 1971 c.741 §35; 1979 c.873 §4; repealed by 1981 c.153 §79]
368.605 [Repealed by 1981 c.153 §79]
368.610 [Repealed by 1981 c.153 §79]
368.615 [Amended by 1957 c.12 §1; repealed by 1981 c.153 §79]
368.620 [Amended by 1957 c.575 §1; repealed by 1981 c.153 §79]
368.705 County road fund; use of fund.
(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...
368.707 [1967 c.203 §3; 1999 c.21 §74; repealed by 2007 c.679 §5]
368.710 Apportionment of local option taxes; compression.
(1) The local option taxes imposed under ORS 280.040 to 280.145 must be apportioned as follows: (a) Not less than 50 percent of the tax...
368.715 Using county funds for noncounty roads during emergency.
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...
368.720 Using road funds outside of county.
(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...
368.722 Expenditure of general road fund on city streets and bridges.
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...
368.725 [Repealed by 1981 c.153 §79]
368.730 [Repealed by 1953 c.158 §4]
368.735 [Repealed by 1953 c.158 §4]
368.740 [Repealed by 1953 c.158 §4]
368.805 [Repealed by 1981 c.153 §79]
368.810 [Repealed by 1981 c.153 §79]
368.815 [Repealed by 1981 c.153 §79]
368.820 [Repealed by 1967 c.454 §119]
368.905 [Repealed by 1981 c.153 §79]
368.910 Owner to repair sidewalks and curbs along road; county may repair if owner fails.
(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...
368.915 Payment and reimbursement when county makes repairs.
(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...
368.920 Expense of repairs as lien on abutting property.
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...
368.925 Delinquency in paying assessment for repairs; execution sale.
(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...
368.930 [Amended by 1973 c.518 §4; repealed by 1981 c.153 §79]
368.935 [Repealed by 1965 c.500 §2]
368.940 [1965 c.500 §1; repealed by 1969 c.429 §6]
368.942 Posting notices, signs or pictures on structures within county road right of way prohibited.
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,...
368.945 Authority of county road official to remove unlawfully posted matter.
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...
368.950 Applicability of ORS 368.942 and 368.945.
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...
368.955 Posting notices, signs or pictures within view of county road on property of another without consent prohibited.
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...
368.960 Authority of property owner to remove unlawfully posted matter.
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...
368.990 Penalties.
(1) Violation of ORS 368.251 or 368.256 is punishable, upon conviction, by a fine not exceeding $100 or by imprisonment in the county jail not...

Last modified: August 7, 2008