2017 ORS 368.201¹
Basis for legalization of road

A county governing body may initiate proceedings to legalize a county road under ORS 368.201 (Basis for legalization of road) to 368.221 (Legalization of road of substandard width) if any of the following conditions exist:

(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]

Notes of Decisions

Preexisting county road is not prerequisite to county governing body initiating legaliza­tion process. Shotgun Creek Ranch, LLC v. Crook County, 219 Or App 375, 182 P3d 312 (2008), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 368—County Roads, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors368.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 368, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano368.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.