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 as a county road except as follows:

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Terms Used In Oregon Statutes 368.031

  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Local access road: means a public road that is not a county road, state highway or federal road. 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

(1) A county and its officers, employees or agents are not liable for failure to improve the local access road or keep it in repair.

(2) A county governing body shall spend county moneys on the local access road only if it determines that the work is an emergency or if:

(a) The county road official recommends the expenditure;

(b) The public use of the road justifies the expenditure proposed; and

(c) The county governing body enacts an order or resolution authorizing the work and designating the work to be either a single project or a continuing program. [1981 c.153 § 7]