1997 Oregon Revised Statutes
Chapter 368
County Roads
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:
(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proposed withdrawal and the effects the proposed withdrawal may have on land abutting the county road proposed to be withdrawn.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hearing on the proposed withdrawal to be served on owners of land abutting the portion of county road proposed to be withdrawn.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body may retain the portion of county road as a county road or may by order or resolution declare county road status withdrawn from all or part of the portion of the road under consideration.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 s.6]
NOTICE
368.401 General notice provisions.
(1) ORS 368.401 to 368.426 establish standard methods for providing notice by service, posting or publication in actions or proceedings affecting real property. The methods established in ORS 368.401 to 368.426 for providing notice are applicable when notice is required by law to be made under ORS 368.401 to 368.426.
(2) ORS 368.401 to 368.426 do not:
(a) Limit the use of public moneys for providing notice or providing other information.
(b) Limit the persons to whom notice or information may be provided.
(c) Limit the manner in which notice may be provided.
(d) Apply where other methods for providing notice are specifically provided by law.
(e) Supersede any specific provision for providing notice that is part of any law requiring or permitting notice to be given under ORS 368.401 to 368.426. [1981 c.153 s.43]
368.405
[Repealed by 1981 c.153 s.79] 368.406 Notice by service.
(1) When the law requires notice to owners of certain real property by service, the person providing notice by service may have notice personally served or may have the notice mailed.
(2) A person providing notice shall accomplish notice that is personally served by obtaining a signed acknowledgment of receipt of notice from:
(a) The person being served; or
(b) A person 18 years of age or older who resides at the address of the person being served.
(3) A person providing notice by mail shall accomplish notice by certified mail, return receipt requested, to the address of the person being served.
(4) A person's refusal to sign a receipt for notice that is personally served or mailed under this section is a waiver of any objection based on nonreceipt of the notice in any proceeding.
(5) Except where the person providing notice under this section has personal knowledge of a more appropriate address for the notice, the address to be used for notice personally served or mailed under this section is the address of the person to be served as shown on the tax rolls.
(6) A person serving notice under this section must serve notice at least 30 days before the date of the proceeding that is the subject of the notice. [1981 c.153 s.44]
368.410
[Repealed by 1981 c.153 s.79] 368.411 Notice by posting.
(1) Where the law requires notice by posting, the person providing notice shall post notices in no less than three places. The places where notice may be posted include any of the following:
(a) The property subject to the proceeding that is the subject of the notice; or
(b) Property within the vicinity of the property described in paragraph (a) of this subsection.
(2) Notice that is posted on property under this section must be plainly visible from a traveled public road.
(3) Notwithstanding subsection (1) of this section, a person providing notice under this section may post fewer than three notices if the small size of the property limits the value of the number of postings.
(4) A person posting notice under this section must post notice at least 20 days before the date of the proceeding that is the subject of the notice. [1981 c.153 s.45]
368.415
[Amended by 1953 c.229 s.2; 1971 c.427 s.1; 1981 c.153 s.66; renumbered 368.041] 368.416 Notice by publication.
(1) Where the law requires notice by publication, the person providing notice shall publish the notice in a newspaper of general circulation in the county where the property that is the subject of the proceeding is located.
(2) A person publishing notice under this section must publish the notice once at least 20 days before and once within 10 days of the date of the proceeding that is the subject of the notice. [1981 c.153 s.46]
368.420
[Repealed by 1981 c.153 s.79] 368.421 Record of notice.
A person providing notice under any provision of ORS 368.401 to 368.426 shall complete and sign an affidavit containing a record of the procedure followed to provide notice under those sections. The person shall file the affidavit with the public body with jurisdiction over the proceeding that is the subject of the notice or in a place designated by that public body. [1981 c.153 s.47] 368.425
[Repealed by 1981 c.153 s.79] 368.426 Contents of notice.
Any notice under ORS 368.401 to 368.426 must include all of the following:
(1) A short plain statement of the subject matter of the proceeding that requires the notice.
(2) A statement of matters asserted or charged or action proposed to be taken at the proceeding.
(3) An explanation of how persons may obtain more detailed information about the proceeding.
(4) A statement of any right to hearing afforded any parties under law.
(5) The time and place of any proceeding that will take place.
(6) A reference to particular sections of statute, charter, ordinance or rule that provide the jurisdiction and process for the proceeding that is the subject of the notice. [1981 c.153 s.48]
368.582
[1963 c.501 ss.3, 4; repealed by 1981 c.153 s.79] (old withdrawal procedures)
