368.201 Basis
for legalization of road.
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:
(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]
368.205 [Amended by 1975 c.774 §1; 1977
c.338 §1; repealed by 1981 c.153 §79]
Notes of Decisions
Strome v. Lane Cnty., 183 P.3d 237 (Or. Ct. App. 2008).
· cites it 9× “See ORS 368.201 - 368.221 (describing process); Shotgun Creek Ranch, LLC v.”
Holdner v. Columbia Cnty., 858 P.2d 901 (Or. Ct. App. 1993).
· cites it 3× “Before reconstruction began, defendant initiated legalization proceedings pursuant to ORS 368.201 1 for a 60 foot right of way.”
Strome v. Lane Cnty. Bd. of Commissioners, 213 P.3d 1269 (Or. Ct. App. 2009).
· cites it 16× “That process is governed by ORS 368.201 to 368.221. ORS 368.201 provides: “A county governing body may initiate proceedings to legalize a county road under ORS 368.”
— Or. Rev. Stat. § 368.201(1) — 2 cases
Strome v. Lane Cnty. Bd. of Commissioners, 213 P.3d 1269 (Or. Ct. App. 2009).
“That process is governed by ORS 368.201 to 368.221. ORS 368.201 provides: “A county governing body may initiate proceedings to legalize a county road under ORS 368.”
— Or. Rev. Stat. § 368.201(3) — 1 case
Strome v. Lane Cnty. Bd. of Commissioners, 213 P.3d 1269 (Or. Ct. App. 2009).
“That process is governed by ORS 368.201 to 368.221. ORS 368.201 provides: “A county governing body may initiate proceedings to legalize a county road under ORS 368.”
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