reglab/housing_qa huggingface dataset:
OR Rev Stat § 368.201 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 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) 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 adjacent property; or (c) Loss or destruction of the original survey of the road. (3) If the road as traveled and used for 10 years or more does not conform to the location of a road described in the county records. [1981 c.153 §21]
OR Rev Stat § 368.206 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 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 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 for roads of the same class established by the standards under ORS 368.036; (b) Cause the county road official to file a written report with the county governing body including the survey required under this section and any other information required by the county governing body; and (c) Cause notice of the proceedings for legalization to be provided under ORS 368.401 to 368.426 by service to owners of abutting land and by posting. (2) In a proceeding under this section, any person may file with the county governing body information that controverts any matter presented to the county governing body in the proceeding or alleging any new matter relevant to the proceeding. [1981 c.153 §22]
OR Rev Stat § 368.211 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 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. (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 that: (a) At the time the person acquired the structure, the person had a reasonable basis for knowing that the structure would encroach upon the road; (b) Upon the original location of the road, the person received damages; (c) The person or the person’s grantor applied for or assented to the road passing over the property; or (d) When making settlements on the property, the person found the road in public use and traveled. (3) The compensation allowed under this section shall be just compensation for the removal of the encroaching structure. (4) The county governing body may proceed to determine compensation and acquire the structure by any method under ORS 368.096. (5) If a county governing body determines that removal of the encroaching structure is not practical under this section, the county governing body may acquire property to alter the road being legalized. [1981 c.153 §23]
OR Rev Stat § 368.216 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 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. (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 completion of the legalization procedures under ORS 368.201 to 368.221: (a) Any records showing the location of the road that conflict with the location of the road as described in the order are void; and (b) The road exists as shown on the order legalizing the road. [1981 c.153 §24]
OR Rev Stat § 368.221 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 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: (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]
OR Rev Stat § 368.251 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 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 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]
OR Rev Stat § 368.256 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 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 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 or discharged from an irrigation sprinkler or other device. (b) Any structure, tree, drainage way, soil deposit or other natural or man-made thing on that land to present a danger to or create a hazard for the public traveling on a public road or facilities within the right of way of the public road by obstructing, hanging over or otherwise encroaching or threatening to encroach in any manner on a public road that is under county jurisdiction. (2) A person is not in violation of this section if there is no reasonable method for the person to control, stop or remove the cause of the violation. [1981 c.153 §27]
OR Rev Stat § 368.261 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 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) 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; and (d) Explain that a hearing will be held under ORS 368.266 if the violation is not abated. (3) If a violation of ORS 368.256 is not abated within the time allowed by the order issued under this section, the county governing body shall hold a hearing described in ORS 368.266. [1981 c.153 §28]
OR Rev Stat § 368.266 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 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. (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) Any persons lawfully occupying that land during the time of the violation if the county road official has reason to know of the occupancy. (3) At the hearing the county governing body shall determine the person responsible for violation of ORS 368.256 and shall order that person to abate the violation within a time fixed by the county governing body, which time shall not be less than 10 days. [1981 c.153 §29]
OR Rev Stat § 368.271 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 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 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 occupant of the property has been located and served. (c) If the county road official determines that the violation creates a substantial risk of damage, injury or other emergency condition that requires abatement without delay and without notice or hearing. A county road official is not required to comply with ORS 368.261 and 368.266 when the county road official abates a violation under this paragraph. (2) A county road official may take any reasonable actions under this section to abate the violation of ORS 368.256. (3) A county and its officers, agents and employees are exempt from liability for any reasonable acts performed under this section, including, but not limited to, any reasonable trespass or conversion of personal property. (4) If a county road official performs any acts under this section, the county road official shall file a written report with the county governing body. The report shall contain: (a) An explanation of the acts performed; (b) The reasons for performing the acts described; (c) The costs incurred in abating the violation; and (d) Any other information required by the county governing body. [1981 c.153 §30]
OR Rev Stat § 368.276 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 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. (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 of the violation and to any persons lawfully occupying that land during the time of the violation. (3) After consideration of matters presented at the hearing, the county governing body shall issue an order: (a) Establishing costs to be paid; and (b) Directing the person the county governing body determines to be responsible for payment of the costs to pay the costs within the time established by the county governing body, which time shall not be less than 60 days. (4) If the county governing body cannot establish responsibility for payment of costs under this section, the owner of the property that is the source of the violation of ORS 368.256 shall be responsible for payment unless the owner can establish that there was no reasonable method for the owner to control, stop or remove the cause of the violation. (5) The county governing body shall provide for notice of the results of the hearing to persons ordered to pay costs by service under ORS 368.401 to 368.426. Any person who does not pay costs as directed by an order under this section is liable for those costs. [1981 c.153 §31]
OR Rev Stat § 368.281 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 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 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 within the county. (2) If a lien is filed under subsection (1)(b) of this section: (a) That lien, when docketed, is prior and superior to all other liens or charges on the property except taxes; and (b) If the costs ordered to be paid under ORS 368.276 are not paid within the time established by the county governing body in the order, the county governing body shall cause the lien to be foreclosed as provided in ORS chapter 88. (c) The county governing body may increase the county road budget by the amount of costs recovered or to be recovered under this section. [1981 c.153 §32]
OR Rev Stat § 368.290 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 368.290

[Amended by 1981 c.153 §65; renumbered 368.116]
OR Rev Stat § 368.310 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 368.310

[1969 c.296 §2; renumbered 368.121]
OR Rev Stat § 368.326 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 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: (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]
OR Rev Stat § 368.331 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 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]
OR Rev Stat § 368.336 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 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]
OR Rev Stat § 368.341 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 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: (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 owner of property abutting public property files with the county governing body a petition meeting the requirements of this section and requesting vacation of the public property that abuts the property owned by the person. (2) A county governing body adopting a resolution under this section shall include the following in the resolution: (a) A declaration of intent to vacate property; (b) A description of the property proposed to be vacated; and (c) A statement of the reasons for the proposed vacation. (3) Any person filing a petition under this section shall include the following in the petition: (a) A description of the property proposed to be vacated; (b) A statement of the reasons for requesting the vacation; (c) The names and addresses of all persons holding any recorded interest in the property proposed to be vacated; (d) The names and addresses of all persons owning any improvements constructed on public property proposed to be vacated; (e) The names and addresses of all persons owning any real property abutting public property proposed to be vacated; (f) Signatures, acknowledged by a person authorized to take acknowledgments of deeds, of either owners of 60 percent of the land abutting the property proposed to be vacated or 60 percent of the owners of land abutting the property proposed to be vacated; and (g) If the petition is for vacation of property that will be redivided in any manner, a subdivision plan or partitioning plan showing the proposed redivision. (4) The county governing body may require a fee for the filing of a petition under this section. [1981 c.153 §37]
OR Rev Stat § 368.346 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 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 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 property proposed to be vacated; (b) An assessment by the county road official of whether the vacation would be in the public interest; and (c) Any other information required by the county governing body. (2) Upon receipt of the report under subsection (1) of this section, a county governing body shall establish a time and place for a hearing to consider whether the proposed vacation is in the public interest. (3) Notice of the hearing under this section shall be provided under ORS 368.401 to 368.426 by posting and publication and by service on each person with a recorded interest in any of the following: (a) The property proposed to be vacated; (b) An improvement constructed on public property proposed to be vacated; or (c) Real property abutting public property proposed to be vacated. (4) During or before a hearing under this section, any person may file information with the county governing body that controverts any matter presented to the county governing body in the proceeding or that alleges any new matter relevant to the proceeding. [1981 c.153 §38]
OR Rev Stat § 368.351 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 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: (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 governing body in which the planning director, upon review, finds that an interior lot line vacation affecting private property complies with applicable land use regulations and facilitates development of the property subject to interior lot line vacation. [1981 c.153 §39; 2005 c.762 §1]
OR Rev Stat § 368.356 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 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. (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 the costs; (d) Direct any persons liable for payment of costs to pay the amounts of costs established; and (e) If a plat is vacated, direct the county surveyor to mark the plat as provided under ORS 271.230. (3) When an order or resolution under this section becomes final, the county governing body shall cause the order to be recorded with the county clerk and cause copies of the order to be filed with the county surveyor and the county assessor. The order or resolution is effective when the order or resolution is filed under this subsection. (4) Any person who does not pay costs as directed by an order under this section is liable for those costs. [1981 c.153 §40]
OR Rev Stat § 368.361 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 368 - County Roads|Section 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: (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 must reach a separate decision to vacate property under this section before the vacation may be completed. If each public body has determined that the property should be vacated, each public body shall issue a separate order or resolution vacating those portions of the property under their respective jurisdictions. (3) Notwithstanding ORS 368.326, a county governing body may vacate property that is under the jurisdiction of the county and that is entirely within the limits of a city if that city, by resolution or order, concurs in the findings of the county governing body in the vacation proceedings. (4) Public bodies vacating property under this section shall each use procedures for vacation that each uses for other vacation proceedings. [1981 c.153 §41; 1989 c.219 §1]