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Oregon Revised Statutes

Or. Rev. Stat. § 368.001 (2026)

Definitions

✓ current as of May 2026
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      368.001 Definitions. As used in this chapter:

      (1) “County road” means a public road under the jurisdiction of a county that has been designated as a county road under ORS 368.016.

      (2) “County road official” means the roadmaster, engineer, road supervisor, public works director or other administrative officer designated by the county governing body as being responsible for administration of the road activities of the county.

      (3) “Local access road” means a public road that is not a county road, state highway or federal road.

      (4) “Owner” means a vendee under a recorded land sale contract or, if there is no recorded land sale contract, the holder of the record title of land if the vendee or holder has a present interest equal to or greater than a life estate.

      (5) “Public road” means a road over which the public has a right of use that is a matter of public record.

      (6) “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. “Road” includes, but is not limited to:

      (a) Ways described as streets, highways, throughways or alleys;

      (b) Road related structures that are in the right of way such as tunnels, culverts or similar structures; and

      (c) Structures that provide for continuity of the right of way such as bridges. [1981 c.153 §2]

 

      368.005 [Amended by 1971 c.135 §1; repealed by 1981 c.153 §79]

 

      368.010 [Amended by 1963 c.501 §1; repealed by 1981 c.153 §79]

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1984–2025 · leading case: Hughes v. Wilson, 199 P.3d 305 (Or. 2008).
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Hughes v. Wilson, 199 P.3d 305 (Or. 2008). · cites it 3× “The legislature has assigned county road maintenance responsibilities to county governing bodies and road officials, ORS 368.001, 5 and, in doing so, has evidenced an intent that accords with the common law.”
Petersen v. Crook Cnty., 17 P.3d 563 (Or. Ct. App. 2001). “” ORS 368.001(5). There is no evidence in the record that the disputed portion of Peppermint Lane is a public road.”
Oregon Telecomm. Ass'n v. Oregon Dep't of Transp., 144 P.3d 935 (Or. 2006). · cites it 2× “That statute provides, in part: “Except within cities, any person or corporation has a right and privilege to construct, maintain and operate its water, gas, electric or communication service lines, fixtures, and other facilities along the public roads in this state, as defined…”
Rendler v. Lincoln Cnty., 728 P.2d 21 (Or. 1986). “ORS 368.001 to 368.990. 3 Although the county took no position on intervenor’s claims, it does not deny or decline responsibility for the prescriptive parts of the public road found by the circuit court.”
Kelly v. Hochberg, 243 P.3d 62 (Or. 2010). “Oregon law defines a “public road” as “a road over which the public has a right of use that is a matter of public record” ORS 368.001(5) (emphasis added). Although access to public roads may be restricted, the reasons for imposing such restrictions are limited to public safety…”
Friends of Parrett Mountain v. Nw. Nat. Gas Co., 79 P.3d 869 (Or. 2003). “]” ORS 368.001(6)(a) (emphasis added). “ ‘Public road’ means the entire right of way of any road over which the public has the right of use or any right of way held by the state or a political subdivision of the state for road purposes that is not open for public use.”
Pac. Nw. Bell Tel. Co. v. Multnomah Cnty., 681 P.2d 797 (Or. Ct. App. 1984). · cites it 2× “010(1) provides, in pertinent part: “* * * [A]ny person or corporation has a right and privilege to construct, maintain and operate its water, gas, electric or communication service lines, fixtures and other facilities along the public roads in this state, as defined in ORS…”
Weyerhaeuser Real Est. Dev. Co. v. Polk Cnty., 267 P.3d 855 (Or. Ct. App. 2011). ““(2) A county shall not enact an ordinance to supersede any of the following provisions: This section and ORS 368.001, 368.016, 368.021, 368.026, 368.”
Pac. W. Co. v. Lincoln Cnty., 998 P.2d 798 (Or. Ct. App. 2000). “” As we understand it, respondents do not contend that Pacific Western does not have a valid “property right” or that Pacific Western is not an “owner” as defined by ORS 368.001(4). Rather, respondents’ argument is that — notwithstanding the physical recording of Pacific…”
Harding v. Clackamas Cnty., 750 P.2d 167 (Or. Ct. App. 1988). “Schurgin concedes that, at the time it petitioned and at the time of the county proceedings, it “did not yet fall within the definition of ‘owner’ ” in ORS 368.001(4). Schurgin argues, however, that the county’s condition subsequent that Schurgin acquire fee title “is a…”
Shotgun Creek Ranch, LLC v. Crook Cnty., 182 P.3d 312 (Or. Ct. App. 2008). “” ORS 368.001(1). Read literally, then, the statute could be seen as circular: as plaintiff argues, the existence of an established county road is the prerequisite for the legalization process, yet the purpose of the process is to establish a county road.”
Esquire Investments, Inc. v. Firestone, 341 Or. App. 510 (Or. Ct. App. 2025). “…a public road.” A public road is “a road over which the public has a right of use that is a matter of public record.” ORS 368.001(5).”
Show all 13 citing cases →
— Or. Rev. Stat. § 368.001(1) — 2 cases
Hughes v. Wilson, 199 P.3d 305 (Or. 2008). “The legislature has assigned county road maintenance responsibilities to county governing bodies and road officials, ORS 368.001, 5 and, in doing so, has evidenced an intent that accords with the common law.”
Shotgun Creek Ranch, LLC v. Crook Cnty., 182 P.3d 312 (Or. Ct. App. 2008). “” ORS 368.001(1). Read literally, then, the statute could be seen as circular: as plaintiff argues, the existence of an established county road is the prerequisite for the legalization process, yet the purpose of the process is to establish a county road.”
— Or. Rev. Stat. § 368.001(4) — 2 cases
Pac. W. Co. v. Lincoln Cnty., 998 P.2d 798 (Or. Ct. App. 2000). “” As we understand it, respondents do not contend that Pacific Western does not have a valid “property right” or that Pacific Western is not an “owner” as defined by ORS 368.001(4). Rather, respondents’ argument is that — notwithstanding the physical recording of Pacific…”
Harding v. Clackamas Cnty., 750 P.2d 167 (Or. Ct. App. 1988). “Schurgin concedes that, at the time it petitioned and at the time of the county proceedings, it “did not yet fall within the definition of ‘owner’ ” in ORS 368.001(4). Schurgin argues, however, that the county’s condition subsequent that Schurgin acquire fee title “is a…”
— Or. Rev. Stat. § 368.001(5) — 4 cases
Petersen v. Crook Cnty., 17 P.3d 563 (Or. Ct. App. 2001). “” ORS 368.001(5). There is no evidence in the record that the disputed portion of Peppermint Lane is a public road.”
Kelly v. Hochberg, 243 P.3d 62 (Or. 2010). “Oregon law defines a “public road” as “a road over which the public has a right of use that is a matter of public record” ORS 368.001(5) (emphasis added). Although access to public roads may be restricted, the reasons for imposing such restrictions are limited to public safety…”
Oregon Telecomm. Ass'n v. Oregon Dep't of Transp., 144 P.3d 935 (Or. 2006). “That statute provides, in part: “Except within cities, any person or corporation has a right and privilege to construct, maintain and operate its water, gas, electric or communication service lines, fixtures, and other facilities along the public roads in this state, as defined…”
Esquire Investments, Inc. v. Firestone, 341 Or. App. 510 (Or. Ct. App. 2025). “…a public road.” A public road is “a road over which the public has a right of use that is a matter of public record.” ORS 368.001(5).”
— Or. Rev. Stat. § 368.001(6) — 1 case
Hughes v. Wilson, 199 P.3d 305 (Or. 2008). “The legislature has assigned county road maintenance responsibilities to county governing bodies and road officials, ORS 368.001, 5 and, in doing so, has evidenced an intent that accords with the common law.”
— Or. Rev. Stat. § 368.001(6)(a) — 1 case
Friends of Parrett Mountain v. Nw. Nat. Gas Co., 79 P.3d 869 (Or. 2003). “]” ORS 368.001(6)(a) (emphasis added). “ ‘Public road’ means the entire right of way of any road over which the public has the right of use or any right of way held by the state or a political subdivision of the state for road purposes that is not open for public use.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.