Oregon Statutes 223.935 – Basis for legalization of road
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A city governing body may initiate proceedings to legalize a city road within the city under ORS § 223.935 to 223.950 if any of the following conditions exist:
Terms Used In Oregon Statutes 223.935
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(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 city records. [1989 c.375 § 1]