373.260 Agreementsbetween counties and cities as to acquisition of rights of way and roadimprovement
373.270 Transferringjurisdiction over county roads within cities
373.280 Assessmentsmade by city under belief county road was city street
373.290 Amitygiven control of county roads and highways declared streets
373.300 Monmouthgiven control of certain highways declared streets
373.310 MyrtlePoint given jurisdiction over certain county roads declared streets
373.320 Salemgiven control of roads declared streets
373.330 Cityof Gresham given jurisdiction of certain county roads declared city streets
STATEHIGHWAYS THROUGH CITIES
373.010Routing and marking state highways through cities. Whenever theroute of any state highway passes through the corporate limits of any city ofthis state, the Department of Transportation:
(1)Shall select and designate the streets of the city over which the state highwayshall be routed.
(2)Shall erect and maintain such road and other signs on and along such streets atsuch places and of such material and design as it may select.
(3)May alter or change such routing when in its opinion the interests of themotoring public will be better served. [Amended by 1957 c.663 §2]
373.015Notice and hearing before location, relocation or abandonment of state highwaythrough cities.Before the Department of Transportation acquires within any incorporated cityany new rights of way, or relocates or abandons any existing state highwaywithin any incorporated city, the department shall by letter notify the mayorof such city of the action contemplated by the department, and, if anyremonstrances or objections thereto are made by the mayor or the council ofsuch city within 10 days after receipt of such letter, the department, or itsdesignated representative, shall hold a public hearing at the city hall in suchcity, after having first given written notice thereof to the mayor at least 10days prior thereto, and, at such public hearing, persons who favor or opposethe contemplated action shall be given an opportunity to be heard. [1955 c.447 §1]
373.020Jurisdiction over streets taken over for state highway routing through cities;effect on public utility duties. (1) Complete jurisdiction and controlof streets taken over by the Department of Transportation as provided in ORSchapter 366 and ORS 105.760, 373.010, 373.015, 373.030 and this section, isvested in the department and extends from curb to curb, or, if there is noregular established curb, then such control extends over such portion of theright of way as may be utilized by the department for highway purposes.Responsibility for and jurisdiction over all other portions of the street orroad remains in the city.
(2)All cities retain the right to grant the privilege to open the surface of anysuch street or road, but all damage occasioned thereby shall promptly berepaired by the city, either itself or at its direction, and the responsibilityfor the cost thereof shall be upon the city permitting the opening.
(3)Cities retain the exclusive right to grant franchises over, beneath and uponany such street or road, and to control and regulate such franchises and theutilization thereof, but the department may utilize any storm sewers thereon orthereunder without cost or charge therefor by the city.
(4)Nothing contained in ORS chapter 366 and ORS 105.760, 373.010, 373.015, 373.030and this section, relieves any public utility or telecommunications utilityfrom the maintenance and repair of any street or portion thereof or theperformance of any other obligation required under any franchise granted to itby any city. [Amended by 1979 c.186 §14; 1987 c.447 §121; 1995 c.79 §202]
373.030Construction and maintenance of streets; consent of city for grade change. (1) TheDepartment of Transportation may construct, reconstruct, pave and improve andshall repair and maintain streets and roads through cities where such streetsor roads, or both:
(a)Form a link in the highway system of the state or constitute a connectionbetween two such highways; and
(b)Have been designated by the department as the streets or roads over which thereis routed state highway traffic.
(2)The department, however, shall not change or establish any grade of any suchstreet or road without the consent of the governing body of the city.
373.050Closing streets that intersect with state highways routed through city. (1) Wheneverthe Department of Transportation has located a highway in, into or through thecorporate limits of a city upon or over an alignment or route not theretoforecomprising a city street and has acquired the necessary rights of way thereforand constructed a highway thereover, or whenever the department, pursuant toORS 373.010 has selected and designated streets over which to route a statehighway within an incorporated city, the department may close any street at thepoint where it intersects or is intersected by the state highway or by thestreets selected and designated as the route of a state highway, by a formalagreement with the municipal authorities of a city set out in a resolution orordinance of the city, designating the particular streets to be closed by nameand intersection.
(2)Before any municipal authorities enter into any such formal agreement with thedepartment, such municipal authorities shall comply with all city ordinances orcharter provisions pertaining to the closing of streets in the city.
(3)Before the street can be closed or dead-ended, the department shall, afterinvestigation, find and declare by resolution that the closing of the street atthe point of intersection is necessary in order to provide safety for thegeneral public or will contribute to a more expeditious and orderly movement oftraffic, or both.
373.060State liable for street closing damages; proceedings on cause of action. (1) If by theclosing of any street as provided in ORS 373.050, real property abutting on theintersected street between the point of intersection and the next street, butin no event beyond a point 300 feet from the point of intersection, is damaged,any person having any right, title or interest in any such real property has acause of action against the state to enforce payment of such compensation ordamages.
(2)Any such action may be commenced and prosecuted in the circuit court for thecounty in which such real property is situated. Any party to any such actionhas the right to appeal from the judgment of any circuit court to the Court ofAppeals. Any person having or claiming any right, title or interest in suchreal property may join as party plaintiff or may intervene in any actioninvolving real property in which the person claims an interest.
(3)The trial circuit court shall, in its general judgment, apportion suchcompensation as it may award among the various persons found by it to own orhave some right, title or interest in such real property. The awardedcompensation shall be apportioned according to the rules of law governing thedistribution of awards made when real property is taken under the power ofeminent domain.
(4)The liability of the state and of the municipality terminates wholly when thecompensation thus determined is paid into court. Any cause of action granted bythis section is barred unless it is commenced within six months after thestreet is closed and entrance from the street to the state highway orintersecting street is physically barred. [Amended by 1979 c.562 §13; 2003c.576 §251]
USEOF CITY STREETS BY COUNTY
373.110Connecting county road to state highway by road through city. (1) Whenever inits judgment it is necessary, for the purpose of connecting an existing countyroad with an existing state highway, that the connecting road be located,established and designated over property within the boundaries of a city, thecounty court or board of county commissioners may designate, locate, establish,construct and maintain the connecting road over property within the corporatelimits of the city as a county road.
(2)The procedure for the establishment of the connecting road may be by petitionof freeholders or by a resolution of the county court or board of countycommissioners as provided by law for the establishment of county roads.
(3)In addition to the authority provided by law for the acquisition of rights ofway, in the event the connecting road is established by petition of freeholdersor by its resolution, the county court or board of county commissioners mayacquire private property within the corporate limits of the city for rights ofway for the connecting road by exercise of the power of eminent domain, underthe procedure provided by law for exercise of the power of eminent domain bycounties for the acquisition of private property for rights of way for countyroads.
373.120Connecting county roads by roads through certain cities. The countycourt or board of county commissioners may construct and pave streets and roadsthrough cities of less than 2,500 population, as shown by the last federalcensus, where such streets and roads are for the purpose of connecting countyroads and highways. [Amended by 1957 c.71 §1]
373.130County use of city streets as bridge approach. Whenever anycounty constructs across any stream any bridge which is wholly or in partwithin the limits of any city within the county, the county may use asapproaches for the bridge such portions as may be necessary of any street ofthe city leading to the bridge. The power, dominion and right of control overand to improve and maintain the portions of any street so used belongexclusively to the county.
POWERSOF CITIES RELATING TO ROADS AND HIGHWAYS
373.210Improvement of through highways by certain cities. Any city havinga population of less than 100,000 may provide for the improvement of any roadsor streets within the limits of the city at the partial expense of the generalfund of the city in the manner provided in ORS 373.220 and 373.230, where:
(1)Such roads or streets are parts of any general system of state or county roadsor highways; or
(2)Such roads or streets directly connect with state or county roads or highways;
(3)Such roads or streets afford an outlet from the limits of the city to adjoiningstate or county roads or highways; or
(4)Such roads or streets provide the most accessible or generally traveled routefrom within the city to beyond the limits of the city.
373.220Procedure to authorize improvement. Whenever, by majority vote of thelegislative authorities of a city mentioned in ORS 373.210 or by initiativevote by the people thereof, it is deemed advisable to construct or improve suchdesignated roads or streets at the partial expense of the general fund of themunicipality, the governing body shall so declare by ordinance, stating whatportion of the cost shall be paid out of the general fund of the municipalityand what portion shall be paid by assessment against property in the mannerprovided by charter or ordinance provisions of the city, unless the amount orproportion has been fixed by the initiative measure.
373.230Charter or ordinance provisions governing improvement. Except as tothe provision that a portion of the cost of the improvement mentioned in ORS373.220 may be paid out of the general fund of the city, all other charter orordinance provisions govern in the matter of the construction and improvementof such roads and streets.
373.240General road fund of city. The general road fund of any city shall consist ofthe road money set apart for the city as a road district or otherwise, underthe laws of the state, out of the road tax levied by the county, which the countytreasurer shall pay to the city, and any other money placed in the road fund ofthe city by the orders of the city governing body.
373.250Use of city road fund. The road fund mentioned in ORS 373.240:
(1)Shall be used by the city for the construction and repair of county roads andstreets therein.
(2)May be used for the construction and repair of roads without a city having apopulation of less than 100,000 which lead directly to it.
(3)In carrying out such objects, may be used jointly with the county in which thecity is located as provided in ORS 373.260.
373.260Agreements between counties and cities as to acquisition of rights of way androad improvement.(1) The county court or the board of county commissioners of any county and theauthorities of any city within the county may enter into an agreement for theconstruction, improvement or repair of, and the acquisition of right of wayfor:
(a)Any county road or city street within the corporate limits of the city.
(b)Any road without such city, if it has a population of less than 100,000, butleading directly to it.
(2)In the agreements the parties shall agree upon the proportion which each shallcontribute toward such acquisition, construction, improvement or repair andupon the method and kind of acquisition, construction, improvement or repair tobe made. [Amended by 1955 c.388 §1]
373.270Transferring jurisdiction over county roads within cities. (1)Jurisdiction over a county road within a city may be transferred under thissection whenever:
(a)The county governing body deems it necessary, expedient or for the bestinterest of the county to surrender jurisdiction over any county road orportion thereof within the corporate limits of any city; and
(b)The governing body of the city deems it necessary or expedient and for the bestinterests of the city to acquire jurisdiction over the county road or partthereof to the same extent as it has over other public streets and alleys ofthe city.
(2)To initiate a proceeding for the transfer of jurisdiction under this section,the county governing body, upon its own motion or upon the request of the cityby its governing body, shall give notice by:
(a)Posting in three public places in the county, one of which shall be within thelimits of the city; or
(b)Publishing the notice once a week for four successive weeks in some newspaperof general circulation in the county.
(3)Notice under this section shall give the time and place of hearing and asuccinct statement of the proposed action requested and describing the road orportion thereof proposed to be surrendered by the county to the city withconvenient certainty.
(4)At the time and place mentioned in the notice under this section or at suchadjournment as it may fix, the county governing body shall hear the matter,consider any objections or testimony offered by any person interested anddetermine whether it is necessary, expedient or for the best interests of thecounty to surrender jurisdiction over the county road or portion thereof to thecity.
(5)If a county governing body determines to surrender jurisdiction under thissection and initiates action under this section:
(a)The county governing body shall make an order to that effect and offer to thecity to surrender jurisdiction over the county road or portion thereof, and maylimit the time for the acceptance of the offer; and
(b)The city by appropriate municipal legislation may within the time specifiedaccept the county order and offer to surrender jurisdiction under this section.
(6)If a city governing body determines to initiate action under this section forthe surrender of jurisdiction by a county over a county road:
(a)The city governing body may initiate the action by passage of appropriatemunicipal legislation that requests surrender and that may set any time orother limitations upon acceptance by the city of the surrender; and
(b)The county governing body may surrender jurisdiction of the county road withoutfurther action by the city if the county governing body adopts an ordersurrendering the county road that meets the limitations established by the cityin its legislation.
(7)When a city adopts appropriate municipal legislation accepting a countygoverning body’s order under subsection (5) of this section or when a countygoverning body adopts an order meeting city legislation under subsection (6) ofthis section:
(a)The jurisdiction of the county over the county road or portion thereof as acounty road, or for its improvement, construction or repair shall cease;
(b)The full and absolute jurisdiction over the road for all purposes of repair,construction, improvement and the levying and collection of assessmentstherefor shall vest in the city; and
(c)The city shall have the same jurisdiction over the road or portion thereof asby its charter and the laws of the state are given or granted it over any ofthe public streets and alleys of such city.
(8)This section is applicable to all county roads, whether acquired by the countyor the public by condemnation, defective condemnation and user, user orprescription or in any manner provided by law or in which the easement for roadpurposes is in the public. [Amended by 1981 c.153 §73]
373.280Assessments made by city under belief county road was city street. No assessmentmade by any city for the improvement of any county road or portion thereofunder the bona fide belief of its governing body that it was a public street ofthe city is invalid where the property owner has permitted the city to make theimprovement or where the county has surrendered jurisdiction to the city withinthe time when the assessment is otherwise collectible by law, if within thetime the assessment would be otherwise collectible the city acquires fulljurisdiction over the county road or portion thereof as provided in ORS373.270.
373.290Amity given control of county roads and highways declared streets. Theincorporated city of Amity, in Yamhill County, has exclusive control andjurisdiction over all county roads and highways within its corporateboundaries. Such county roads and highways are streets, subject to all theburdens and servitudes thereof. The control of such county roads and highwaysis excepted out of the jurisdiction of the County Court of Yamhill County.
373.300Monmouth given control of certain highways declared streets. The city ofMonmouth, in Polk County, has full and exclusive jurisdiction, power andcontrol over all that part of the highway known as Monmouth Avenue from itsintersection with Main Street north to the northeast corner of University OutLot B located within the corporate limits of the city. Such highway is astreet, subject to all the burdens and servitudes thereof. The control of suchhighway is excepted out of the jurisdiction of the County Court of Polk County.
373.310Myrtle Point given jurisdiction over certain county roads declared streets. (1) The city ofMyrtle Point, in Coos County, has absolute and complete jurisdiction over thefollowing portions of the following county roads located within the corporatelimits of the city:
(a)All that portion of any county roads within the corporate limits of the city,lying along First Street and the whole thereof, as such street is describedupon the plat of the original town (now city) of Myrtle Point, now on file andof record in the office of the county clerk for Coos County.
(b)All that portion of the county roads within the corporate limits of the city,lying on or along Spruce Street and the whole thereof, as shown upon the platof the original town (now city) of Myrtle Point and upon the plat of the firstextension to the original town (now city) of Myrtle Point, now on file and ofrecord in the office of the county clerk of Coos County.
(c)All that portion of the county roads within the corporate limits of the city,lying upon or along First Street, being Spruce Street extended, and the wholethereof, as shown upon the plats of Border & Bender’s addition to the town(now city) of Myrtle Point, Border & Bender’s extension to Border & Bender’saddition to the town (now city) of Myrtle Point, Sengstacken’s addition to thetown (now city) of Myrtle Point and J. H. Roberts’ addition to the town (nowcity) of Myrtle Point, now on file and of record in the office of the countyclerk for Coos County.
(d)All that portion of any county roads within the corporate limits of the city,lying along Railroad Avenue and the whole thereof, as shown upon the plats ofthe first extension to the original town (now city) of Myrtle Point, Lehnherr’saddition to the town (now city) of Myrtle Point, Brown’s first addition to thetown (now city) of Myrtle Point, Brown’s second addition and Smith’s additionto the town (now city) of Myrtle Point, now on file and of record in the officeof the county clerk for Coos County.
(2)The city of Myrtle Point has jurisdiction over such portion of the roads in thesame manner and to the same extent that it has jurisdiction over such streets,such portions to be streets of the city of Myrtle Point.
373.320Salem given control of roads declared streets. All countyroads or other roads under the jurisdiction of the county court of Marion orPolk County, within the corporate limits of the City of Salem, are streets ofthe city. The city has exclusive control and jurisdiction over all such roads.The county courts of Marion and Polk Counties have no jurisdiction thereof.
373.330City of Gresham given jurisdiction of certain county roads declared citystreets.(1) As used in this section, “road funds” means:
(a)State Highway Fund moneys allocated to Multnomah County as provided in ORS366.739; and
(b)Taxes imposed on motor vehicle fuel by Multnomah County.
(2)The county roads within the corporate limits of the City of Gresham, inMultnomah County, are transferred and designated to be within the exclusivecontrol and jurisdiction of the City of Gresham. These county roads are citystreets, subject to all of the burdens and servitudes of city streets.Multnomah County does not have control of or jurisdiction over the roadsdescribed in this subsection.
373.260 Agreementsbetween counties and cities as to acquisition of rights of way and roadimprovement
373.270 Transferringjurisdiction over county roads within cities
373.280 Assessmentsmade by city under belief county road was city street
373.290 Amitygiven control of county roads and highways declared streets
373.300 Monmouthgiven control of certain highways declared streets
373.310 MyrtlePoint given jurisdiction over certain county roads declared streets
373.320 Salemgiven control of roads declared streets
373.330 Cityof Gresham given jurisdiction of certain county roads declared city streets
STATEHIGHWAYS THROUGH CITIES
373.010Routing and marking state highways through cities. Whenever theroute of any state highway passes through the corporate limits of any city ofthis state, the Department of Transportation:
(1)Shall select and designate the streets of the city over which the state highwayshall be routed.
(2)Shall erect and maintain such road and other signs on and along such streets atsuch places and of such material and design as it may select.
(3)May alter or change such routing when in its opinion the interests of themotoring public will be better served. [Amended by 1957 c.663 §2]
373.015Notice and hearing before location, relocation or abandonment of state highwaythrough cities.Before the Department of Transportation acquires within any incorporated cityany new rights of way, or relocates or abandons any existing state highwaywithin any incorporated city, the department shall by letter notify the mayorof such city of the action contemplated by the department, and, if anyremonstrances or objections thereto are made by the mayor or the council ofsuch city within 10 days after receipt of such letter, the department, or itsdesignated representative, shall hold a public hearing at the city hall in suchcity, after having first given written notice thereof to the mayor at least 10days prior thereto, and, at such public hearing, persons who favor or opposethe contemplated action shall be given an opportunity to be heard. [1955 c.447 §1]
373.020Jurisdiction over streets taken over for state highway routing through cities;effect on public utility duties. (1) Complete jurisdiction and controlof streets taken over by the Department of Transportation as provided in ORSchapter 366 and ORS 105.760, 373.010, 373.015, 373.030 and this section, isvested in the department and extends from curb to curb, or, if there is noregular established curb, then such control extends over such portion of theright of way as may be utilized by the department for highway purposes.Responsibility for and jurisdiction over all other portions of the street orroad remains in the city.
(2)All cities retain the right to grant the privilege to open the surface of anysuch street or road, but all damage occasioned thereby shall promptly berepaired by the city, either itself or at its direction, and the responsibilityfor the cost thereof shall be upon the city permitting the opening.
(3)Cities retain the exclusive right to grant franchises over, beneath and uponany such street or road, and to control and regulate such franchises and theutilization thereof, but the department may utilize any storm sewers thereon orthereunder without cost or charge therefor by the city.
(4)Nothing contained in ORS chapter 366 and ORS 105.760, 373.010, 373.015, 373.030and this section, relieves any public utility or telecommunications utilityfrom the maintenance and repair of any street or portion thereof or theperformance of any other obligation required under any franchise granted to itby any city. [Amended by 1979 c.186 §14; 1987 c.447 §121; 1995 c.79 §202]
373.030Construction and maintenance of streets; consent of city for grade change. (1) TheDepartment of Transportation may construct, reconstruct, pave and improve andshall repair and maintain streets and roads through cities where such streetsor roads, or both:
(a)Form a link in the highway system of the state or constitute a connectionbetween two such highways; and
(b)Have been designated by the department as the streets or roads over which thereis routed state highway traffic.
(2)The department, however, shall not change or establish any grade of any suchstreet or road without the consent of the governing body of the city.
373.050Closing streets that intersect with state highways routed through city. (1) Wheneverthe Department of Transportation has located a highway in, into or through thecorporate limits of a city upon or over an alignment or route not theretoforecomprising a city street and has acquired the necessary rights of way thereforand constructed a highway thereover, or whenever the department, pursuant toORS 373.010 has selected and designated streets over which to route a statehighway within an incorporated city, the department may close any street at thepoint where it intersects or is intersected by the state highway or by thestreets selected and designated as the route of a state highway, by a formalagreement with the municipal authorities of a city set out in a resolution orordinance of the city, designating the particular streets to be closed by nameand intersection.
(2)Before any municipal authorities enter into any such formal agreement with thedepartment, such municipal authorities shall comply with all city ordinances orcharter provisions pertaining to the closing of streets in the city.
(3)Before the street can be closed or dead-ended, the department shall, afterinvestigation, find and declare by resolution that the closing of the street atthe point of intersection is necessary in order to provide safety for thegeneral public or will contribute to a more expeditious and orderly movement oftraffic, or both.
373.060State liable for street closing damages; proceedings on cause of action. (1) If by theclosing of any street as provided in ORS 373.050, real property abutting on theintersected street between the point of intersection and the next street, butin no event beyond a point 300 feet from the point of intersection, is damaged,any person having any right, title or interest in any such real property has acause of action against the state to enforce payment of such compensation ordamages.
(2)Any such action may be commenced and prosecuted in the circuit court for thecounty in which such real property is situated. Any party to any such actionhas the right to appeal from the judgment of any circuit court to the Court ofAppeals. Any person having or claiming any right, title or interest in suchreal property may join as party plaintiff or may intervene in any actioninvolving real property in which the person claims an interest.
(3)The trial circuit court shall, in its general judgment, apportion suchcompensation as it may award among the various persons found by it to own orhave some right, title or interest in such real property. The awardedcompensation shall be apportioned according to the rules of law governing thedistribution of awards made when real property is taken under the power ofeminent domain.
(4)The liability of the state and of the municipality terminates wholly when thecompensation thus determined is paid into court. Any cause of action granted bythis section is barred unless it is commenced within six months after thestreet is closed and entrance from the street to the state highway orintersecting street is physically barred. [Amended by 1979 c.562 §13; 2003c.576 §251]
USEOF CITY STREETS BY COUNTY
373.110Connecting county road to state highway by road through city. (1) Whenever inits judgment it is necessary, for the purpose of connecting an existing countyroad with an existing state highway, that the connecting road be located,established and designated over property within the boundaries of a city, thecounty court or board of county commissioners may designate, locate, establish,construct and maintain the connecting road over property within the corporatelimits of the city as a county road.
(2)The procedure for the establishment of the connecting road may be by petitionof freeholders or by a resolution of the county court or board of countycommissioners as provided by law for the establishment of county roads.
(3)In addition to the authority provided by law for the acquisition of rights ofway, in the event the connecting road is established by petition of freeholdersor by its resolution, the county court or board of county commissioners mayacquire private property within the corporate limits of the city for rights ofway for the connecting road by exercise of the power of eminent domain, underthe procedure provided by law for exercise of the power of eminent domain bycounties for the acquisition of private property for rights of way for countyroads.
373.120Connecting county roads by roads through certain cities. The countycourt or board of county commissioners may construct and pave streets and roadsthrough cities of less than 2,500 population, as shown by the last federalcensus, where such streets and roads are for the purpose of connecting countyroads and highways. [Amended by 1957 c.71 §1]
373.130County use of city streets as bridge approach. Whenever anycounty constructs across any stream any bridge which is wholly or in partwithin the limits of any city within the county, the county may use asapproaches for the bridge such portions as may be necessary of any street ofthe city leading to the bridge. The power, dominion and right of control overand to improve and maintain the portions of any street so used belongexclusively to the county.
POWERSOF CITIES RELATING TO ROADS AND HIGHWAYS
373.210Improvement of through highways by certain cities. Any city havinga population of less than 100,000 may provide for the improvement of any roadsor streets within the limits of the city at the partial expense of the generalfund of the city in the manner provided in ORS 373.220 and 373.230, where:
(1)Such roads or streets are parts of any general system of state or county roadsor highways; or
(2)Such roads or streets directly connect with state or county roads or highways;
(3)Such roads or streets afford an outlet from the limits of the city to adjoiningstate or county roads or highways; or
(4)Such roads or streets provide the most accessible or generally traveled routefrom within the city to beyond the limits of the city.
373.220Procedure to authorize improvement. Whenever, by majority vote of thelegislative authorities of a city mentioned in ORS 373.210 or by initiativevote by the people thereof, it is deemed advisable to construct or improve suchdesignated roads or streets at the partial expense of the general fund of themunicipality, the governing body shall so declare by ordinance, stating whatportion of the cost shall be paid out of the general fund of the municipalityand what portion shall be paid by assessment against property in the mannerprovided by charter or ordinance provisions of the city, unless the amount orproportion has been fixed by the initiative measure.
373.230Charter or ordinance provisions governing improvement. Except as tothe provision that a portion of the cost of the improvement mentioned in ORS373.220 may be paid out of the general fund of the city, all other charter orordinance provisions govern in the matter of the construction and improvementof such roads and streets.
373.240General road fund of city. The general road fund of any city shall consist ofthe road money set apart for the city as a road district or otherwise, underthe laws of the state, out of the road tax levied by the county, which the countytreasurer shall pay to the city, and any other money placed in the road fund ofthe city by the orders of the city governing body.
373.250Use of city road fund. The road fund mentioned in ORS 373.240:
(1)Shall be used by the city for the construction and repair of county roads andstreets therein.
(2)May be used for the construction and repair of roads without a city having apopulation of less than 100,000 which lead directly to it.
(3)In carrying out such objects, may be used jointly with the county in which thecity is located as provided in ORS 373.260.
373.260Agreements between counties and cities as to acquisition of rights of way androad improvement.(1) The county court or the board of county commissioners of any county and theauthorities of any city within the county may enter into an agreement for theconstruction, improvement or repair of, and the acquisition of right of wayfor:
(a)Any county road or city street within the corporate limits of the city.
(b)Any road without such city, if it has a population of less than 100,000, butleading directly to it.
(2)In the agreements the parties shall agree upon the proportion which each shallcontribute toward such acquisition, construction, improvement or repair andupon the method and kind of acquisition, construction, improvement or repair tobe made. [Amended by 1955 c.388 §1]
373.270Transferring jurisdiction over county roads within cities. (1)Jurisdiction over a county road within a city may be transferred under thissection whenever:
(a)The county governing body deems it necessary, expedient or for the bestinterest of the county to surrender jurisdiction over any county road orportion thereof within the corporate limits of any city; and
(b)The governing body of the city deems it necessary or expedient and for the bestinterests of the city to acquire jurisdiction over the county road or partthereof to the same extent as it has over other public streets and alleys ofthe city.
(2)To initiate a proceeding for the transfer of jurisdiction under this section,the county governing body, upon its own motion or upon the request of the cityby its governing body, shall give notice by:
(a)Posting in three public places in the county, one of which shall be within thelimits of the city; or
(b)Publishing the notice once a week for four successive weeks in some newspaperof general circulation in the county.
(3)Notice under this section shall give the time and place of hearing and asuccinct statement of the proposed action requested and describing the road orportion thereof proposed to be surrendered by the county to the city withconvenient certainty.
(4)At the time and place mentioned in the notice under this section or at suchadjournment as it may fix, the county governing body shall hear the matter,consider any objections or testimony offered by any person interested anddetermine whether it is necessary, expedient or for the best interests of thecounty to surrender jurisdiction over the county road or portion thereof to thecity.
(5)If a county governing body determines to surrender jurisdiction under thissection and initiates action under this section:
(a)The county governing body shall make an order to that effect and offer to thecity to surrender jurisdiction over the county road or portion thereof, and maylimit the time for the acceptance of the offer; and
(b)The city by appropriate municipal legislation may within the time specifiedaccept the county order and offer to surrender jurisdiction under this section.
(6)If a city governing body determines to initiate action under this section forthe surrender of jurisdiction by a county over a county road:
(a)The city governing body may initiate the action by passage of appropriatemunicipal legislation that requests surrender and that may set any time orother limitations upon acceptance by the city of the surrender; and
(b)The county governing body may surrender jurisdiction of the county road withoutfurther action by the city if the county governing body adopts an ordersurrendering the county road that meets the limitations established by the cityin its legislation.
(7)When a city adopts appropriate municipal legislation accepting a countygoverning body’s order under subsection (5) of this section or when a countygoverning body adopts an order meeting city legislation under subsection (6) ofthis section:
(a)The jurisdiction of the county over the county road or portion thereof as acounty road, or for its improvement, construction or repair shall cease;
(b)The full and absolute jurisdiction over the road for all purposes of repair,construction, improvement and the levying and collection of assessmentstherefor shall vest in the city; and
(c)The city shall have the same jurisdiction over the road or portion thereof asby its charter and the laws of the state are given or granted it over any ofthe public streets and alleys of such city.
(8)This section is applicable to all county roads, whether acquired by the countyor the public by condemnation, defective condemnation and user, user orprescription or in any manner provided by law or in which the easement for roadpurposes is in the public. [Amended by 1981 c.153 §73]
373.280Assessments made by city under belief county road was city street. No assessmentmade by any city for the improvement of any county road or portion thereofunder the bona fide belief of its governing body that it was a public street ofthe city is invalid where the property owner has permitted the city to make theimprovement or where the county has surrendered jurisdiction to the city withinthe time when the assessment is otherwise collectible by law, if within thetime the assessment would be otherwise collectible the city acquires fulljurisdiction over the county road or portion thereof as provided in ORS373.270.
373.290Amity given control of county roads and highways declared streets. Theincorporated city of Amity, in Yamhill County, has exclusive control andjurisdiction over all county roads and highways within its corporateboundaries. Such county roads and highways are streets, subject to all theburdens and servitudes thereof. The control of such county roads and highwaysis excepted out of the jurisdiction of the County Court of Yamhill County.
373.300Monmouth given control of certain highways declared streets. The city ofMonmouth, in Polk County, has full and exclusive jurisdiction, power andcontrol over all that part of the highway known as Monmouth Avenue from itsintersection with Main Street north to the northeast corner of University OutLot B located within the corporate limits of the city. Such highway is astreet, subject to all the burdens and servitudes thereof. The control of suchhighway is excepted out of the jurisdiction of the County Court of Polk County.
373.310Myrtle Point given jurisdiction over certain county roads declared streets. (1) The city ofMyrtle Point, in Coos County, has absolute and complete jurisdiction over thefollowing portions of the following county roads located within the corporatelimits of the city:
(a)All that portion of any county roads within the corporate limits of the city,lying along First Street and the whole thereof, as such street is describedupon the plat of the original town (now city) of Myrtle Point, now on file andof record in the office of the county clerk for Coos County.
(b)All that portion of the county roads within the corporate limits of the city,lying on or along Spruce Street and the whole thereof, as shown upon the platof the original town (now city) of Myrtle Point and upon the plat of the firstextension to the original town (now city) of Myrtle Point, now on file and ofrecord in the office of the county clerk of Coos County.
(c)All that portion of the county roads within the corporate limits of the city,lying upon or along First Street, being Spruce Street extended, and the wholethereof, as shown upon the plats of Border & Bender’s addition to the town(now city) of Myrtle Point, Border & Bender’s extension to Border & Bender’saddition to the town (now city) of Myrtle Point, Sengstacken’s addition to thetown (now city) of Myrtle Point and J. H. Roberts’ addition to the town (nowcity) of Myrtle Point, now on file and of record in the office of the countyclerk for Coos County.
(d)All that portion of any county roads within the corporate limits of the city,lying along Railroad Avenue and the whole thereof, as shown upon the plats ofthe first extension to the original town (now city) of Myrtle Point, Lehnherr’saddition to the town (now city) of Myrtle Point, Brown’s first addition to thetown (now city) of Myrtle Point, Brown’s second addition and Smith’s additionto the town (now city) of Myrtle Point, now on file and of record in the officeof the county clerk for Coos County.
(2)The city of Myrtle Point has jurisdiction over such portion of the roads in thesame manner and to the same extent that it has jurisdiction over such streets,such portions to be streets of the city of Myrtle Point.
373.320Salem given control of roads declared streets. All countyroads or other roads under the jurisdiction of the county court of Marion orPolk County, within the corporate limits of the City of Salem, are streets ofthe city. The city has exclusive control and jurisdiction over all such roads.The county courts of Marion and Polk Counties have no jurisdiction thereof.
373.330City of Gresham given jurisdiction of certain county roads declared citystreets.(1) As used in this section, “road funds” means:
(a)State Highway Fund moneys allocated to Multnomah County as provided in ORS366.739; and
(b)Taxes imposed on motor vehicle fuel by Multnomah County.
(2)The county roads within the corporate limits of the City of Gresham, inMultnomah County, are transferred and designated to be within the exclusivecontrol and jurisdiction of the City of Gresham. These county roads are citystreets, subject to all of the burdens and servitudes of city streets.Multnomah County does not have control of or jurisdiction over the roadsdescribed in this subsection.
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373.260 Agreementsbetween counties and cities as to acquisition of rights of way and roadimprovement
373.270 Transferringjurisdiction over county roads within cities
373.280 Assessmentsmade by city under belief county road was city street
373.290 Amitygiven control of county roads and highways declared streets
373.300 Monmouthgiven control of certain highways declared streets
373.310 MyrtlePoint given jurisdiction over certain county roads declared streets
373.320 Salemgiven control of roads declared streets
373.330 Cityof Gresham given jurisdiction of certain county roads declared city streets
STATEHIGHWAYS THROUGH CITIES
373.010Routing and marking state highways through cities. Whenever theroute of any state highway passes through the corporate limits of any city ofthis state, the Department of Transportation:
(1)Shall select and designate the streets of the city over which the state highwayshall be routed.
(2)Shall erect and maintain such road and other signs on and along such streets atsuch places and of such material and design as it may select.
(3)May alter or change such routing when in its opinion the interests of themotoring public will be better served. [Amended by 1957 c.663 §2]
373.015Notice and hearing before location, relocation or abandonment of state highwaythrough cities.Before the Department of Transportation acquires within any incorporated cityany new rights of way, or relocates or abandons any existing state highwaywithin any incorporated city, the department shall by letter notify the mayorof such city of the action contemplated by the department, and, if anyremonstrances or objections thereto are made by the mayor or the council ofsuch city within 10 days after receipt of such letter, the department, or itsdesignated representative, shall hold a public hearing at the city hall in suchcity, after having first given written notice thereof to the mayor at least 10days prior thereto, and, at such public hearing, persons who favor or opposethe contemplated action shall be given an opportunity to be heard. [1955 c.447 §1]
373.020Jurisdiction over streets taken over for state highway routing through cities;effect on public utility duties. (1) Complete jurisdiction and controlof streets taken over by the Department of Transportation as provided in ORSchapter 366 and ORS 105.760, 373.010, 373.015, 373.030 and this section, isvested in the department and extends from curb to curb, or, if there is noregular established curb, then such control extends over such portion of theright of way as may be utilized by the department for highway purposes.Responsibility for and jurisdiction over all other portions of the street orroad remains in the city.
(2)All cities retain the right to grant the privilege to open the surface of anysuch street or road, but all damage occasioned thereby shall promptly berepaired by the city, either itself or at its direction, and the responsibilityfor the cost thereof shall be upon the city permitting the opening.
(3)Cities retain the exclusive right to grant franchises over, beneath and uponany such street or road, and to control and regulate such franchises and theutilization thereof, but the department may utilize any storm sewers thereon orthereunder without cost or charge therefor by the city.
(4)Nothing contained in ORS chapter 366 and ORS 105.760, 373.010, 373.015, 373.030and this section, relieves any public utility or telecommunications utilityfrom the maintenance and repair of any street or portion thereof or theperformance of any other obligation required under any franchise granted to itby any city. [Amended by 1979 c.186 §14; 1987 c.447 §121; 1995 c.79 §202]
373.030Construction and maintenance of streets; consent of city for grade change. (1) TheDepartment of Transportation may construct, reconstruct, pave and improve andshall repair and maintain streets and roads through cities where such streetsor roads, or both:
(a)Form a link in the highway system of the state or constitute a connectionbetween two such highways; and
(b)Have been designated by the department as the streets or roads over which thereis routed state highway traffic.
(2)The department, however, shall not change or establish any grade of any suchstreet or road without the consent of the governing body of the city.
373.050Closing streets that intersect with state highways routed through city. (1) Wheneverthe Department of Transportation has located a highway in, into or through thecorporate limits of a city upon or over an alignment or route not theretoforecomprising a city street and has acquired the necessary rights of way thereforand constructed a highway thereover, or whenever the department, pursuant toORS 373.010 has selected and designated streets over which to route a statehighway within an incorporated city, the department may close any street at thepoint where it intersects or is intersected by the state highway or by thestreets selected and designated as the route of a state highway, by a formalagreement with the municipal authorities of a city set out in a resolution orordinance of the city, designating the particular streets to be closed by nameand intersection.
(2)Before any municipal authorities enter into any such formal agreement with thedepartment, such municipal authorities shall comply with all city ordinances orcharter provisions pertaining to the closing of streets in the city.
(3)Before the street can be closed or dead-ended, the department shall, afterinvestigation, find and declare by resolution that the closing of the street atthe point of intersection is necessary in order to provide safety for thegeneral public or will contribute to a more expeditious and orderly movement oftraffic, or both.
373.060State liable for street closing damages; proceedings on cause of action. (1) If by theclosing of any street as provided in ORS 373.050, real property abutting on theintersected street between the point of intersection and the next street, butin no event beyond a point 300 feet from the point of intersection, is damaged,any person having any right, title or interest in any such real property has acause of action against the state to enforce payment of such compensation ordamages.
(2)Any such action may be commenced and prosecuted in the circuit court for thecounty in which such real property is situated. Any party to any such actionhas the right to appeal from the judgment of any circuit court to the Court ofAppeals. Any person having or claiming any right, title or interest in suchreal property may join as party plaintiff or may intervene in any actioninvolving real property in which the person claims an interest.
(3)The trial circuit court shall, in its general judgment, apportion suchcompensation as it may award among the various persons found by it to own orhave some right, title or interest in such real property. The awardedcompensation shall be apportioned according to the rules of law governing thedistribution of awards made when real property is taken under the power ofeminent domain.
(4)The liability of the state and of the municipality terminates wholly when thecompensation thus determined is paid into court. Any cause of action granted bythis section is barred unless it is commenced within six months after thestreet is closed and entrance from the street to the state highway orintersecting street is physically barred. [Amended by 1979 c.562 §13; 2003c.576 §251]
USEOF CITY STREETS BY COUNTY
373.110Connecting county road to state highway by road through city. (1) Whenever inits judgment it is necessary, for the purpose of connecting an existing countyroad with an existing state highway, that the connecting road be located,established and designated over property within the boundaries of a city, thecounty court or board of county commissioners may designate, locate, establish,construct and maintain the connecting road over property within the corporatelimits of the city as a county road.
(2)The procedure for the establishment of the connecting road may be by petitionof freeholders or by a resolution of the county court or board of countycommissioners as provided by law for the establishment of county roads.
(3)In addition to the authority provided by law for the acquisition of rights ofway, in the event the connecting road is established by petition of freeholdersor by its resolution, the county court or board of county commissioners mayacquire private property within the corporate limits of the city for rights ofway for the connecting road by exercise of the power of eminent domain, underthe procedure provided by law for exercise of the power of eminent domain bycounties for the acquisition of private property for rights of way for countyroads.
373.120Connecting county roads by roads through certain cities. The countycourt or board of county commissioners may construct and pave streets and roadsthrough cities of less than 2,500 population, as shown by the last federalcensus, where such streets and roads are for the purpose of connecting countyroads and highways. [Amended by 1957 c.71 §1]
373.130County use of city streets as bridge approach. Whenever anycounty constructs across any stream any bridge which is wholly or in partwithin the limits of any city within the county, the county may use asapproaches for the bridge such portions as may be necessary of any street ofthe city leading to the bridge. The power, dominion and right of control overand to improve and maintain the portions of any street so used belongexclusively to the county.
POWERSOF CITIES RELATING TO ROADS AND HIGHWAYS
373.210Improvement of through highways by certain cities. Any city havinga population of less than 100,000 may provide for the improvement of any roadsor streets within the limits of the city at the partial expense of the generalfund of the city in the manner provided in ORS 373.220 and 373.230, where:
(1)Such roads or streets are parts of any general system of state or county roadsor highways; or
(2)Such roads or streets directly connect with state or county roads or highways;
(3)Such roads or streets afford an outlet from the limits of the city to adjoiningstate or county roads or highways; or
(4)Such roads or streets provide the most accessible or generally traveled routefrom within the city to beyond the limits of the city.
373.220Procedure to authorize improvement. Whenever, by majority vote of thelegislative authorities of a city mentioned in ORS 373.210 or by initiativevote by the people thereof, it is deemed advisable to construct or improve suchdesignated roads or streets at the partial expense of the general fund of themunicipality, the governing body shall so declare by ordinance, stating whatportion of the cost shall be paid out of the general fund of the municipalityand what portion shall be paid by assessment against property in the mannerprovided by charter or ordinance provisions of the city, unless the amount orproportion has been fixed by the initiative measure.
373.230Charter or ordinance provisions governing improvement. Except as tothe provision that a portion of the cost of the improvement mentioned in ORS373.220 may be paid out of the general fund of the city, all other charter orordinance provisions govern in the matter of the construction and improvementof such roads and streets.
373.240General road fund of city. The general road fund of any city shall consist ofthe road money set apart for the city as a road district or otherwise, underthe laws of the state, out of the road tax levied by the county, which the countytreasurer shall pay to the city, and any other money placed in the road fund ofthe city by the orders of the city governing body.
373.250Use of city road fund. The road fund mentioned in ORS 373.240:
(1)Shall be used by the city for the construction and repair of county roads andstreets therein.
(2)May be used for the construction and repair of roads without a city having apopulation of less than 100,000 which lead directly to it.
(3)In carrying out such objects, may be used jointly with the county in which thecity is located as provided in ORS 373.260.
373.260Agreements between counties and cities as to acquisition of rights of way androad improvement.(1) The county court or the board of county commissioners of any county and theauthorities of any city within the county may enter into an agreement for theconstruction, improvement or repair of, and the acquisition of right of wayfor:
(a)Any county road or city street within the corporate limits of the city.
(b)Any road without such city, if it has a population of less than 100,000, butleading directly to it.
(2)In the agreements the parties shall agree upon the proportion which each shallcontribute toward such acquisition, construction, improvement or repair andupon the method and kind of acquisition, construction, improvement or repair tobe made. [Amended by 1955 c.388 §1]
373.270Transferring jurisdiction over county roads within cities. (1)Jurisdiction over a county road within a city may be transferred under thissection whenever:
(a)The county governing body deems it necessary, expedient or for the bestinterest of the county to surrender jurisdiction over any county road orportion thereof within the corporate limits of any city; and
(b)The governing body of the city deems it necessary or expedient and for the bestinterests of the city to acquire jurisdiction over the county road or partthereof to the same extent as it has over other public streets and alleys ofthe city.
(2)To initiate a proceeding for the transfer of jurisdiction under this section,the county governing body, upon its own motion or upon the request of the cityby its governing body, shall give notice by:
(a)Posting in three public places in the county, one of which shall be within thelimits of the city; or
(b)Publishing the notice once a week for four successive weeks in some newspaperof general circulation in the county.
(3)Notice under this section shall give the time and place of hearing and asuccinct statement of the proposed action requested and describing the road orportion thereof proposed to be surrendered by the county to the city withconvenient certainty.
(4)At the time and place mentioned in the notice under this section or at suchadjournment as it may fix, the county governing body shall hear the matter,consider any objections or testimony offered by any person interested anddetermine whether it is necessary, expedient or for the best interests of thecounty to surrender jurisdiction over the county road or portion thereof to thecity.
(5)If a county governing body determines to surrender jurisdiction under thissection and initiates action under this section:
(a)The county governing body shall make an order to that effect and offer to thecity to surrender jurisdiction over the county road or portion thereof, and maylimit the time for the acceptance of the offer; and
(b)The city by appropriate municipal legislation may within the time specifiedaccept the county order and offer to surrender jurisdiction under this section.
(6)If a city governing body determines to initiate action under this section forthe surrender of jurisdiction by a county over a county road:
(a)The city governing body may initiate the action by passage of appropriatemunicipal legislation that requests surrender and that may set any time orother limitations upon acceptance by the city of the surrender; and
(b)The county governing body may surrender jurisdiction of the county road withoutfurther action by the city if the county governing body adopts an ordersurrendering the county road that meets the limitations established by the cityin its legislation.
(7)When a city adopts appropriate municipal legislation accepting a countygoverning body’s order under subsection (5) of this section or when a countygoverning body adopts an order meeting city legislation under subsection (6) ofthis section:
(a)The jurisdiction of the county over the county road or portion thereof as acounty road, or for its improvement, construction or repair shall cease;
(b)The full and absolute jurisdiction over the road for all purposes of repair,construction, improvement and the levying and collection of assessmentstherefor shall vest in the city; and
(c)The city shall have the same jurisdiction over the road or portion thereof asby its charter and the laws of the state are given or granted it over any ofthe public streets and alleys of such city.
(8)This section is applicable to all county roads, whether acquired by the countyor the public by condemnation, defective condemnation and user, user orprescription or in any manner provided by law or in which the easement for roadpurposes is in the public. [Amended by 1981 c.153 §73]
373.280Assessments made by city under belief county road was city street. No assessmentmade by any city for the improvement of any county road or portion thereofunder the bona fide belief of its governing body that it was a public street ofthe city is invalid where the property owner has permitted the city to make theimprovement or where the county has surrendered jurisdiction to the city withinthe time when the assessment is otherwise collectible by law, if within thetime the assessment would be otherwise collectible the city acquires fulljurisdiction over the county road or portion thereof as provided in ORS373.270.
373.290Amity given control of county roads and highways declared streets. Theincorporated city of Amity, in Yamhill County, has exclusive control andjurisdiction over all county roads and highways within its corporateboundaries. Such county roads and highways are streets, subject to all theburdens and servitudes thereof. The control of such county roads and highwaysis excepted out of the jurisdiction of the County Court of Yamhill County.
373.300Monmouth given control of certain highways declared streets. The city ofMonmouth, in Polk County, has full and exclusive jurisdiction, power andcontrol over all that part of the highway known as Monmouth Avenue from itsintersection with Main Street north to the northeast corner of University OutLot B located within the corporate limits of the city. Such highway is astreet, subject to all the burdens and servitudes thereof. The control of suchhighway is excepted out of the jurisdiction of the County Court of Polk County.
373.310Myrtle Point given jurisdiction over certain county roads declared streets. (1) The city ofMyrtle Point, in Coos County, has absolute and complete jurisdiction over thefollowing portions of the following county roads located within the corporatelimits of the city:
(a)All that portion of any county roads within the corporate limits of the city,lying along First Street and the whole thereof, as such street is describedupon the plat of the original town (now city) of Myrtle Point, now on file andof record in the office of the county clerk for Coos County.
(b)All that portion of the county roads within the corporate limits of the city,lying on or along Spruce Street and the whole thereof, as shown upon the platof the original town (now city) of Myrtle Point and upon the plat of the firstextension to the original town (now city) of Myrtle Point, now on file and ofrecord in the office of the county clerk of Coos County.
(c)All that portion of the county roads within the corporate limits of the city,lying upon or along First Street, being Spruce Street extended, and the wholethereof, as shown upon the plats of Border & Bender’s addition to the town(now city) of Myrtle Point, Border & Bender’s extension to Border & Bender’saddition to the town (now city) of Myrtle Point, Sengstacken’s addition to thetown (now city) of Myrtle Point and J. H. Roberts’ addition to the town (nowcity) of Myrtle Point, now on file and of record in the office of the countyclerk for Coos County.
(d)All that portion of any county roads within the corporate limits of the city,lying along Railroad Avenue and the whole thereof, as shown upon the plats ofthe first extension to the original town (now city) of Myrtle Point, Lehnherr’saddition to the town (now city) of Myrtle Point, Brown’s first addition to thetown (now city) of Myrtle Point, Brown’s second addition and Smith’s additionto the town (now city) of Myrtle Point, now on file and of record in the officeof the county clerk for Coos County.
(2)The city of Myrtle Point has jurisdiction over such portion of the roads in thesame manner and to the same extent that it has jurisdiction over such streets,such portions to be streets of the city of Myrtle Point.
373.320Salem given control of roads declared streets. All countyroads or other roads under the jurisdiction of the county court of Marion orPolk County, within the corporate limits of the City of Salem, are streets ofthe city. The city has exclusive control and jurisdiction over all such roads.The county courts of Marion and Polk Counties have no jurisdiction thereof.
373.330City of Gresham given jurisdiction of certain county roads declared citystreets.(1) As used in this section, “road funds” means:
(a)State Highway Fund moneys allocated to Multnomah County as provided in ORS366.739; and
(b)Taxes imposed on motor vehicle fuel by Multnomah County.
(2)The county roads within the corporate limits of the City of Gresham, inMultnomah County, are transferred and designated to be within the exclusivecontrol and jurisdiction of the City of Gresham. These county roads are citystreets, subject to all of the burdens and servitudes of city streets.Multnomah County does not have control of or jurisdiction over the roadsdescribed in this subsection.
