Oregon Statutes 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.
Terms Used In Oregon Statutes 368.086
- 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
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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
(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]
[Repealed by 1981 c.153 § 79]