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Oregon Revised Statutes

Or. Rev. Stat. § 368.206 (2026)

Proceedings for legalization of roads; report; notice

✓ current as of May 2026
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      368.206 Proceedings for legalization of roads; report; notice. (1) If proceedings for legalization of a road are initiated under ORS 368.201, the county governing body shall:

      (a) Cause the road to be surveyed to determine the location of the road and the width of the road according to:

      (A) The laws governing the width of roads at the time the road was originally established; or

      (B) If the original width of the road cannot be determined, to the width for roads of the same class established by the standards under ORS 368.036;

      (b) Cause the county road official to file a written report with the county governing body including the survey required under this section and any other information required by the county governing body; and

      (c) Cause notice of the proceedings for legalization to be provided under ORS 368.401 to 368.426 by service to owners of abutting land and by posting.

      (2) In a proceeding under this section, any person may file with the county governing body information that controverts any matter presented to the county governing body in the proceeding or alleging any new matter relevant to the proceeding. [1981 c.153 §22]

      368.210 [Repealed by 1981 c.153 §79]

Notes of Decisions
Cited in 3 cases, 2008–2009 · leading case: Shotgun Creek Ranch, LLC v. Crook Cnty., 182 P.3d 312 (Or. Ct. App. 2008).
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Shotgun Creek Ranch, LLC v. Crook Cnty., 182 P.3d 312 (Or. Ct. App. 2008). · cites it 5× “1 Rather, the statute requires the governing body only to order a new survey, ORS 368.206(1), and to announce a quasi-legislative decision: “After considering matters presented in a proceeding to legalize a road * * *, a county governing body shall determine whether legalization…”
Strome v. Lane Cnty., 183 P.3d 237 (Or. Ct. App. 2008). · cites it 5× “The proceeding is conducted by the county’s governing body and, although that body must allow ‘any person’ to present relevant information, ORS 368.206(2), and that information must be ‘considered,’ the governing body can decide either to abandon or complete the legalization…”
Strome v. Lane Cnty. Bd. of Commissioners, 213 P.3d 1269 (Or. Ct. App. 2009). · cites it 3× “The proceeding is conducted by the county’s governing body, and, although that body must allow ‘any person’ to present relevant information, ORS 368.206(2), and that information must be ‘considered,’ the governing body can decide either to abandon or complete the legalization,…”
— Or. Rev. Stat. § 368.206(1) — 1 case
Shotgun Creek Ranch, LLC v. Crook Cnty., 182 P.3d 312 (Or. Ct. App. 2008). “1 Rather, the statute requires the governing body only to order a new survey, ORS 368.206(1), and to announce a quasi-legislative decision: “After considering matters presented in a proceeding to legalize a road * * *, a county governing body shall determine whether legalization…”
— Or. Rev. Stat. § 368.206(2) — 3 cases
Shotgun Creek Ranch, LLC v. Crook Cnty., 182 P.3d 312 (Or. Ct. App. 2008). “1 Rather, the statute requires the governing body only to order a new survey, ORS 368.206(1), and to announce a quasi-legislative decision: “After considering matters presented in a proceeding to legalize a road * * *, a county governing body shall determine whether legalization…”
Strome v. Lane Cnty., 183 P.3d 237 (Or. Ct. App. 2008). “The proceeding is conducted by the county’s governing body and, although that body must allow ‘any person’ to present relevant information, ORS 368.206(2), and that information must be ‘considered,’ the governing body can decide either to abandon or complete the legalization…”
Strome v. Lane Cnty. Bd. of Commissioners, 213 P.3d 1269 (Or. Ct. App. 2009). “The proceeding is conducted by the county’s governing body, and, although that body must allow ‘any person’ to present relevant information, ORS 368.206(2), and that information must be ‘considered,’ the governing body can decide either to abandon or complete the legalization,…”
— Or. Rev. Stat. § 368.206(l)(a) — 3 cases
Shotgun Creek Ranch, LLC v. Crook Cnty., 182 P.3d 312 (Or. Ct. App. 2008). “1 Rather, the statute requires the governing body only to order a new survey, ORS 368.206(1), and to announce a quasi-legislative decision: “After considering matters presented in a proceeding to legalize a road * * *, a county governing body shall determine whether legalization…”
Strome v. Lane Cnty., 183 P.3d 237 (Or. Ct. App. 2008). “The proceeding is conducted by the county’s governing body and, although that body must allow ‘any person’ to present relevant information, ORS 368.206(2), and that information must be ‘considered,’ the governing body can decide either to abandon or complete the legalization…”
Strome v. Lane Cnty. Bd. of Commissioners, 213 P.3d 1269 (Or. Ct. App. 2009). “The proceeding is conducted by the county’s governing body, and, although that body must allow ‘any person’ to present relevant information, ORS 368.206(2), and that information must be ‘considered,’ the governing body can decide either to abandon or complete the legalization,…”
— Or. Rev. Stat. § 368.206(l)(c) — 3 cases
Shotgun Creek Ranch, LLC v. Crook Cnty., 182 P.3d 312 (Or. Ct. App. 2008). “1 Rather, the statute requires the governing body only to order a new survey, ORS 368.206(1), and to announce a quasi-legislative decision: “After considering matters presented in a proceeding to legalize a road * * *, a county governing body shall determine whether legalization…”
Strome v. Lane Cnty., 183 P.3d 237 (Or. Ct. App. 2008). “The proceeding is conducted by the county’s governing body and, although that body must allow ‘any person’ to present relevant information, ORS 368.206(2), and that information must be ‘considered,’ the governing body can decide either to abandon or complete the legalization…”
Strome v. Lane Cnty. Bd. of Commissioners, 213 P.3d 1269 (Or. Ct. App. 2009). “The proceeding is conducted by the county’s governing body, and, although that body must allow ‘any person’ to present relevant information, ORS 368.206(2), and that information must be ‘considered,’ the governing body can decide either to abandon or complete the legalization,…”
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