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Oregon Revised Statutes

Or. Rev. Stat. § 368.096 (2026)

Alternative methods to acquire property for roads

✓ current as of May 2026
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      368.096 Alternative methods to acquire property for roads. (1) If proceedings to acquire real property for public road purposes have been initiated under ORS 368.073, a county governing body may acquire the property by any of the following methods:

      (a) Acceptance of a dedication or donation.

      (b) Acquisition by purchase or other agreement.

      (c) Exercise of the power of eminent domain under ORS chapter 35.

      (d) Use of road viewers under ORS 368.161 to 368.171.

      (2) Nothing in this section:

      (a) Supersedes procedures for establishing roads by subdividing or partitioning land under ORS chapter 92;

      (b) Precludes public acquisition of any property interest by adverse possession or prescription; or

      (c) Restricts the ability of a public body to acquire an interest in property by any other method permitted by law. [1981 c.153 §14]

 

      368.100 [Repealed by 1981 c.153 §79]

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1983–2025 · leading case: Rendler v. Lincoln Cnty., 728 P.2d 21 (Or. 1986).
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Rendler v. Lincoln Cnty., 728 P.2d 21 (Or. 1986). “” ORS 368.096(2)(b) and (c). 4 Plaintiffs do not name any persons who should have been made parties sis “members of the public.”
Multnomah Cnty. v. Union Pac. R.R., 685 P.2d 988 (Or. 1984). “405(2) (replaced in 1981 by ORS 368.096) as recognizing the acquisition of public ways by prescription.”
Multnomah Cnty. v. Union Pac. R.R., 662 P.2d 339 (Or. Ct. App. 1983). “405 was repealed and replaced by ORS 368.096. Or Laws 1981, ch 153, §§ 14, 79.”
Esquire Investments, Inc. v. Firestone, 341 Or. App. 510 (Or. Ct. App. 2025). · cites it 2× “Parks, The Law of Dedication in Oregon, 20 Or L Rev 111, 139 (1941) (“Acceptance by the pub- lic user is sufficient to bind the dedicator from revoking his offer, but * * * is insufficient to bind the municipality” to keep 4 ORS 368.096(1)(a) now provides that a county may, by a…”
Strome v. Lane Cnty. Bd. of Commissioners, 213 P.3d 1269 (Or. Ct. App. 2009). ““(4) The county governing body may proceed to determine compensation and acquire the structure by any method under ORS 368.096. “(5) If a'county governing body determines that removal of the encroaching structure is not practical under this section, the county governing body may…”
Or. Rev. Stat. § 368.096(1)(a): 1 case
Esquire Investments, Inc. v. Firestone, 341 Or. App. 510 (Or. Ct. App. 2025). “Parks, The Law of Dedication in Oregon, 20 Or L Rev 111, 139 (1941) (“Acceptance by the pub- lic user is sufficient to bind the dedicator from revoking his offer, but * * * is insufficient to bind the municipality” to keep 4 ORS 368.096(1)(a) now provides that a county may, by a…”
Or. Rev. Stat. § 368.096(2)(b): 1 case
Rendler v. Lincoln Cnty., 728 P.2d 21 (Or. 1986). “” ORS 368.096(2)(b) and (c). 4 Plaintiffs do not name any persons who should have been made parties sis “members of the public.”
Or. Rev. Stat. § 368.096(2)(c): 1 case
Esquire Investments, Inc. v. Firestone, 341 Or. App. 510 (Or. Ct. App. 2025). “Parks, The Law of Dedication in Oregon, 20 Or L Rev 111, 139 (1941) (“Acceptance by the pub- lic user is sufficient to bind the dedicator from revoking his offer, but * * * is insufficient to bind the municipality” to keep 4 ORS 368.096(1)(a) now provides that a county may, by a…”
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