(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.

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Terms Used In Oregon Statutes 368.161

  • 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
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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 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]