Chapter 11.40


11.40.010    Short title.

11.40.020    Purpose.

11.40.030    Authority.

11.40.040    Definitions.

11.40.050    Legalization under statutory procedure.

11.40.060    Road official report.

11.40.070    Scheduling hearing.

11.40.080    Hearing notice.

11.40.090    Legalization action.

11.40.010 Short title.

This chapter shall be known as the legalization of roads ordinance and shall be so cited. [Ord. 1076 § 1, 1998.]

11.40.020 Purpose.

To extend the legalization process to local access roads; to structure the notice and hearing procedure; to give independent attention to potential sources of legal challenge. [Ord. 1076 § 2, 1998.]

11.40.030 Authority.

The Marion County board of commissioners has the authority to initiate proceedings to legalize a county road under ORS 368.201 through 368.221 if any of the following conditions exist:

A. If, through omission or defect, doubt exists as to the legal establishment or evidence of establishment of a county road or local access road.

B. If the location of the county road or local access road cannot be accurately determined due to numerous alterations of the road, a defective survey of the road or adjacent property, or loss or destruction of the original survey.

C. If the county road or local access road as traveled and used for 10 years or more does not conform to the location of the road described in the county records. [Ord. 1076 § 3, 1998.]

11.40.040 Definitions.

For the purpose of this chapter, the following terms, phrases, words, and their derivatives shall have the meaning given in this section:

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

“Local access road” means a public road that is not a county road, state highway or federal road, which is subject to the exercise of jurisdiction by the Marion County board of commissioners, pursuant to ORS 368.031.

“Road” means the entire width between the boundary lines of the right-of-way of any public way that provides vehicle ingress or egress from property and vehicle travel between places. [Ord. 1076 § 4, 1998.]

11.40.050 Legalization under statutory procedure.

The provisions of this chapter shall be followed in using ORS 368.201 through 368.221 to locate the exact boundaries of an existing county road through the procedure known as legalization. The provisions of this chapter and ORS 368.201 through 368.221 shall be followed to legalize a local access road in the same manner as one that is a county road. [Ord. 1076 § 5, 1998.]

11.40.060 Road official report.

If proceedings for legalization of a road are initiated under ORS 368.201, the board of commissioners shall direct the director of public works to have the road surveyed and to prepare a written report. The report shall include the following:

A. Information on the survey showing the location of the road as it would be legalized.

B. Significant data on the history of the road and the reason for the uncertainty that needs resolution.

C. Information on encroaching structures.

D. Other information the director determines may be helpful in considering the legalization. [Ord. 1076 § 6, 1998.]

11.40.070 Scheduling hearing.

On receiving the director of public works’ report, the board of commissioners may schedule a public hearing to determine whether legalization is in the public interest. [Ord. 1076 § 7, 1998.]

11.40.080 Hearing notice.

Notice of the proceedings for legalization shall be by service to owners of abutting land and by posting as provided under ORS 368.401 through 368.426. [Ord. 1076 § 8, 1998.]

11.40.090 Legalization action.

Following the hearing the board of commissioners shall proceed with the legalization or enter an order abandoning the procedure. If the report and subsequent information indicate no apparent areas of uncertainty will remain if the legalization is completed, the board may enter an order completing the legalization under ORS 368.216. If areas of uncertainty appear to remain, the following shall be completed before entering the order:

A. If information provided by an affected property owner is the source of the uncertainty, the information shall be reexamined. Unless determined to have no effect on the legalization, action shall be taken only after resolving the issue with the affected property owner.

B. If the uncertainty may be related to a property owner who has not responded to the proceedings, the owner shall be served with a notice in the same manner as required for the hearing, which describes the matter in question and provides not less than 10 days following service for a response. Any information received from this notice shall receive the same consideration as prior information. If no response is received and a potential claim of taking property without compensation may be at issue, an effort shall be made to determine the reason for the nonresponse, whether notice has been received, and whether the issue is understood. Once reasonable efforts have been made the legalization may be completed, based on the information on hand, even if no response is received. [Ord. 1076 § 9, 1998.]