reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 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 shall not begin any proceedings described under ORS 368.096 until the county governing body has conducted a hearing to determine whether the public interest would be served by continuing the proceedings.
(2) A county governing body shall provide notice of the hearing required under this section to property owners:
(a) Owning property that would abut or be acquired for the proposed public road; and
(b) Owning property that would not be acquired for or abut the proposed public road if the county governing body determines the property might be affected by the proposed public road.
(3) Notice required under this section shall be by service under ORS 368.401 to 368.426 except that:
(a) Those persons signing the petition may be given notice by first class mail to the person’s address shown on the petition; and
(b) The county governing body may provide for notice to persons owning property that would not be acquired for or abut the proposed public road by posting under ORS 368.401 to 368.426 if the county governing body determines that posting is more likely to provide notice to those persons. [1981 c.153 §12]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 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 368.081 at any time before acquisition of the property if a majority of the owners of property that would abut the proposed road file objections to establishing the road with the county governing body.
(2) Multiple ownership of property is subject to the same conditions as a signature on a petition under ORS 368.081 for purposes of determining the number of owners. [1981 c.153 §13]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 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 by any of the following methods:
(a) Acceptance of a dedication or donation.
(b) Acquisition by purchase or other agreement.
(c) Exercise of the power of eminent domain under ORS chapter 35.
(d) Use of road viewers under ORS 368.161 to 368.171.
(2) Nothing in this section:
(a) Supersedes procedures for establishing roads by subdividing or partitioning land under ORS chapter 92;
(b) Precludes public acquisition of any property interest by adverse possession or prescription; or
(c) Restricts the ability of a public body to acquire an interest in property by any other method permitted by law. [1981 c.153 §14]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 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 body may:
(a) Change the method of proceeding or the property subject to the proceeding in any manner the county governing body determines to be in the public interest.
(b) Discontinue the proceeding if the county governing body determines that the proceedings or the establishment of the proposed road is not in the public interest.
(2) Notwithstanding subsection (1) of this section a county governing body shall not make any change in or discontinue any proceeding that is initiated by a petition described under ORS 368.081 unless the governing body has provided an opportunity for a hearing described under ORS 368.086. [1981 c.153 §15]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 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 resolution enacted and deed or other document establishing an interest in the property for public road purposes to be recorded;
(2) The road right of way to be surveyed and monumented;
(3) The survey to be prepared in compliance with ORS 209.250; and
(4) The survey to be recorded with the county surveyor. [1981 c.153 §16]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 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 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.
(b) If the proceedings for acquisition were initiated by a petition described under ORS 368.081, the petitioners.
(c) If the acquisition is of land that is donated or dedicated, the person donating or dedicating the land.
(d) An owner of land that is specially benefited.
(2) This section does not limit the ability of a county governing body to provide for the payment of the costs of acquiring property for a public road in any manner permitted by law.
(3) Any person directed to pay costs or damages under an order issued under this section shall pay those costs or damages within 60 days after entry of the order or resolution. Any person who does not pay costs or damages as directed by an order or resolution under this section within the time established under this section is liable for those costs or damages. [1981 c.153 §17]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 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 or construct the public road, or any part thereof, upon the right of way of a railroad company, the county may negotiate and agree with the railroad company for the right to use or occupy the right of way, or any portion necessary for public road purposes.
(2) If agreement cannot be reached, then the county governing body may acquire the right of way by exercise of the power of eminent domain under ORS chapter 35.
(3) Nothing in this section authorizes the use or occupancy of the railroad right of way which would interfere with the operation of the railroad or its necessary appurtenances, taking into consideration the use of the railroad right of way by the company for yards, terminals, station grounds and necessary additional trackage, or which would jeopardize the safety of the public. [Formerly 368.290]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 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 funds to the extent provided by federal law and to provide such direct assistance in the instances and on the conditions set forth by federal law and regulations.
(2) When federal funds are not available or used for payment of direct financial assistance to persons displaced by county road acquisition, the county may provide direct financial assistance to such persons. Financial assistance authorized by this subsection shall not exceed the total amount that would have been payable under subsection (1) of this section if federal funds had been available or used. The county may adopt rules and regulations to carry out this subsection. [Formerly 368.310]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 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 identify all parts of any existing road that are to be vacated. Vacation of those parts described is effective without any other proceedings. A road so vacated shall not be closed to public use until the road laid out to replace it is actually opened to travel. [Formerly 368.540]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 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 United States. This section does not invalidate the acceptance of such grant by general public use and enjoyment. [Formerly 368.555]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 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 of road viewers and acquire property for the proposed road in the manner described in ORS 368.161 to 368.171.
(2) A board of road viewers established under this section shall consist of a county road official and two other persons whose duties and qualifications shall be determined by the county governing body. The board of road viewers shall meet and determine whether the board believes the establishment of the proposed road is in the public interest.
(3) If the board of road viewers recommends the establishment of the proposed road, the board shall file a report that includes the following with the county governing body:
(a) A description of the proposed location of the road;
(b) An assessment of damages created by the proposed road and the names of persons entitled to such damages; and
(c) Any other information required by the county governing body.
(4) If a board of road viewers recommends against the establishment of the public road, a county governing body may:
(a) Discontinue proceedings under ORS 368.161 to 368.171 to acquire property for the road; or
(b) Require the road viewers to complete a report on a proposed location under this section. [1981 c.153 §18]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 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 viewers report containing information on the location of a proposed road:
(a) Set a time and place for a hearing on the establishment of the road; and
(b) Cause notice to be given to the persons and in the manner described in ORS 368.086.
(2) Any person owning land that will be affected by acquisition of property under ORS 368.161 to 368.171 may file with the county governing body an answer controverting any matter presented to the county governing body in the proceedings and alleging any new matter relevant to the proceedings. An answer filed under this subsection must be filed more than 10 days before the hearing required under this section.
(3) Within 10 days of the hearing, the county governing body shall provide for notice of any answer filed under this section to persons filing an answer or petition in the proceedings. Notice required under this subsection shall be by service under ORS 368.401 to 368.426. The county governing body may require a person filing an answer to pay the cost of providing notice under this subsection. [1981 c.153 §19]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 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:
(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 368.111.
(2) The requirements under this section are in addition to requirements under ORS 368.106. [1981 c.153 §20]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 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:
(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 vest in the rightful owner holding title according to law.
(d) Except as otherwise provided in this subsection, the vacated property shall vest in the owner of the land abutting the vacated property by extension of the person’s abutting property boundaries to the center of the vacated property.
(2) Notwithstanding subsection (1) of this section, a county governing body may determine the vesting of property vacated under ORS 368.326 to 368.366 in the order or resolution that vacates the property. [1981 c.153 §42]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 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.
(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 providing notice are specifically provided by law.
(e) Supersede any specific provision for providing notice that is part of any law requiring or permitting notice to be given under ORS 368.401 to 368.426. [1981 c.153 §43]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 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.
(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 person providing notice by mail shall accomplish notice by certified mail, return receipt requested, to the address of the person being served.
(4) A person’s refusal to sign a receipt for notice that is personally served or mailed under this section is a waiver of any objection based on nonreceipt of the notice in any proceeding.
(5) Except where the person providing notice under this section has personal knowledge of a more appropriate address for the notice, the address to be used for notice personally served or mailed under this section is the address of the person to be served as shown on the tax rolls.
(6) A person serving notice under this section must serve notice at least 30 days before the date of the proceeding that is the subject of the notice. [1981 c.153 §44]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 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:
(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 road.
(3) Notwithstanding subsection (1) of this section, a person providing notice under this section may post fewer than three notices if the small size of the property limits the value of the number of postings.
(4) A person posting notice under this section must post notice at least 20 days before the date of the proceeding that is the subject of the notice. [1981 c.153 §45]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 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 where the property that is the subject of the proceeding is located.
(2) A person publishing notice under this section must publish the notice once at least 20 days before and once within 10 days of the date of the proceeding that is the subject of the notice. [1981 c.153 §46]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 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 to provide notice under those sections. The person shall file the affidavit with the public body with jurisdiction over the proceeding that is the subject of the notice or in a place designated by that public body. [1981 c.153 §47]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 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 that requires the notice.
(2) A statement of matters asserted or charged or action proposed to be taken at the proceeding.
(3) An explanation of how persons may obtain more detailed information about the proceeding.
(4) A statement of any right to hearing afforded any parties under law.
(5) The time and place of any proceeding that will take place.
(6) A reference to particular sections of statute, charter, ordinance or rule that provide the jurisdiction and process for the proceeding that is the subject of the notice. [1981 c.153 §48]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 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 revenues that are dedicated to roads or road improvements.
(2) The county road fund must be used in establishing, laying out, opening, surveying, altering, improving, constructing, maintaining and repairing county roads and bridges on county roads.
(3) County funds derived from any ad valorem tax levy may not be used or expended by the county governing body upon any roads or bridges except:
(a) Funds derived from a levy within the permanent rate limit of section 11 (3), Article XI of the Oregon Constitution, or the statutory rate as provided in ORS 310.236 (4) or 310.237, if a voter-approved county serial levy dedicated to road improvements was used in determining the rate limit; or
(b) Local option taxes levied under ORS 280.040 to 280.145. [Amended by 1963 c.9 §18; 1967 c.203 §1; 1973 c.240 §3; 1983 c.582 §1; 1987 c.667 §5; 1991 c.459 §388; 1999 c.21 §73; 2007 c.679 §1]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.706 - Expending road fund moneys of certain counties for patrolling.

(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 officials.
(2) Subsection (1) of this section applies to:
(a) Coos County;
(b) Curry County;
(c) Douglas County;
(d) Josephine County;
(e) Klamath County;
(f) Lane County; and
(g) Linn County.
(3) Moneys in a county’s road fund and expended for patrolling under subsection (1) of this section may be used solely for direct costs and indirect costs associated with patrolling.
(4) As used in this section:
(a)(A) "Direct costs" means costs that can, with a high degree of accuracy, be identified specifically with or directly assigned to a particular award, project, program, service or other organizational activity.
(B) "Direct costs" includes, but is not limited to, salaries, travel, equipment and supplies directly related to patrolling by the county’s law enforcement officials.
(b)(A) "Indirect costs" means costs incurred for common or joint objectives that are not direct costs.
(B) "Indirect costs" includes, but is not limited to, the costs of operating and maintaining facilities, depreciation, administrative expenses and dispatch.
(c) "Patrolling" means the activities of a county law enforcement official that are in response to calls for service or initiated by the county law enforcement official. [2007 c.894 §4; 2011 c.556 §1; 2012 c.75 §1; 2013 c.479 §1]
Note:
368.706 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 368 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.708 - Interfund loan of county road fund moneys for patrolling.

(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 the purpose of patrolling by county law enforcement officials.
(2) Notwithstanding ORS 294.468 (2)(c) and (3), an interfund loan by a county that loans moneys described in ORS 294.060 (1) from the county’s road fund into any other fund of that county to be used for the purpose of patrolling by county law enforcement officials shall be budgeted and repaid into the county road fund within three years following the end of the ensuing year or ensuing budget period. [Formerly 294.063]
Note:
368.708 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 368 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.