Oregon Statutes 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 a city:
Terms Used In Oregon Statutes 368.026
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- County road: means a public road under the jurisdiction of a county that has been designated as a county road under ORS § 368. See Oregon Statutes 368.001
- County road official: means the roadmaster, engineer, road supervisor, public works director or other administrative officer designated by the county governing body as being responsible for administration of the road activities of the county. See Oregon Statutes 368.001
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Public road: means a road over which the public has a right of use that is a matter of public record. See Oregon Statutes 368.001
- Road: means the entire right of way of any public or private way that provides ingress to or egress from property by means of vehicles or other means or that provides travel between places by means of vehicles. See Oregon Statutes 368.001
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) The county governing body may initiate proceedings by having the county road official prepare a report stating reasons for the proposed withdrawal and the effects the proposed withdrawal may have on land abutting the county road proposed to be withdrawn.
(b) The county governing body shall fix a date for a hearing on the withdrawal.
(c) The county governing body shall provide for notice of the hearing on the proposed withdrawal to be served on owners of land abutting the portion of county road proposed to be withdrawn. Notice shall be served in the manner provided under ORS § 368.401 to 368.426.
(d) Any interested person shall have access to the report prepared by the county road official under this section from a day not less than 20 days prior to the date of hearing.
(e) At the hearing, the county governing body shall accept the report of the county road official prepared under this section and shall accept testimony from persons favoring or objecting to the proposed withdrawal.
(f) After completion of the procedures under this section, the county governing body may retain the portion of county road as a county road or may by order or resolution declare county road status withdrawn from all or part of the portion of the road under consideration.
(2) The withdrawal of county road status from any county road that is within a city is subject to ORS § 373.270.
(3) If a county governing body withdraws county road status from a portion of a county road, the road shall continue to be a public road. [1981 c.153 § 6]