A county governing body may initiate proceedings to legalize a county road under ORS § 368.201 to 368.221 if any of the following conditions exist:

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Terms Used In Oregon Statutes 368.201

  • 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
  • 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.
  • 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

(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 county records. [1981 c.153 § 21]

 

[Amended by 1975 c.774 § 1; 1977 c.338 § 1; repealed by 1981 c.153 § 79]