Chapter 373 — Roads and Highways Through Cities

 

2015 EDITION

 

 

ROADS AND HIGHWAYS THROUGH CITIES

 

HIGHWAYS, ROADS, BRIDGES AND FERRIES

 

STATE HIGHWAYS THROUGH CITIES

 

373.010     Routing and marking state highways through cities

 

373.015     Notice and hearing before location, relocation or abandonment of state highway through cities

 

373.020     Jurisdiction over streets taken over for state highway routing through cities; effect on public utility duties

 

373.030     Construction and maintenance of streets; consent of city for grade change

 

373.050     Closing streets that intersect with state highways routed through city

 

373.060     State liable for street closing damages; proceedings on cause of action

 

USE OF CITY STREETS BY COUNTY

 

373.110     Connecting county road to state highway by road through city

 

373.120     Connecting county roads by roads through certain cities

 

373.130     County use of city streets as bridge approach

 

POWERS OF CITIES RELATING TO ROADS AND HIGHWAYS

 

373.210     Improvement of through highways by certain cities

 

373.220     Procedure to authorize improvement

 

373.230     Charter or ordinance provisions governing improvement

 

373.240     General road fund of city

 

373.250     Use of city road fund

 

373.260     Agreements between counties and cities as to acquisition of rights of way and road improvement

 

373.270     Transferring jurisdiction over county roads within cities

 

373.280     Assessments made by city under belief county road was city street

 

373.290     Amity given control of county roads and highways declared streets

 

373.300     Monmouth given control of certain highways declared streets

 

373.310     Myrtle Point given jurisdiction over certain county roads declared streets

 

373.320     Salem given control of roads declared streets

 

373.330     City of Gresham given jurisdiction of certain county roads declared city streets

 

STATE HIGHWAYS THROUGH CITIES

 

      373.010 Routing and marking state highways through cities. Whenever the route of any state highway passes through the corporate limits of any city of this state, the Department of Transportation:

      (1) Shall select and designate the streets of the city over which the state highway shall be routed.

      (2) Shall erect and maintain such road and other signs on and along such streets at such 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 the motoring public will be better served. [Amended by 1957 c.663 §2]

 

      373.015 Notice and hearing before location, relocation or abandonment of state highway through cities. (1) Except as provided in ORS 374.329, before the Department of Transportation acquires within any incorporated city any new rights of way, or relocates or abandons any existing state highway within any incorporated city, the department shall notify the mayor of the city by letter of the action contemplated by the department.

      (2) If the department receives from the mayor or city council any remonstrances or objections within 10 days after the mayor received the letter under subsection (1) of this section, the department, or its designated representative, shall hold a public hearing at the city hall in the city.

      (3) The department shall provide written notice to the mayor at least 10 days prior to the public hearing, and at the public hearing persons who favor or oppose the contemplated action shall be given an opportunity to be heard. [1955 c.447 §1; 2011 c.330 §21]

 

      373.020 Jurisdiction over streets taken over for state highway routing through cities; effect on public utility duties. (1) Complete jurisdiction and control of streets taken over by the Department of Transportation as provided in ORS chapter 366 and ORS 105.760, 373.010, 373.015, 373.030 and this section, is vested in the department and extends from curb to curb, or, if there is no regular established curb, then such control extends over such portion of the right of way as may be utilized by the department for highway purposes. Responsibility for and jurisdiction over all other portions of the street or road remains in the city.

      (2) All cities retain the right to grant the privilege to open the surface of any such street or road, but all damage occasioned thereby shall promptly be repaired by the city, either itself or at its direction, and the responsibility for the cost thereof shall be upon the city permitting the opening.

      (3) Cities retain the exclusive right to grant franchises over, beneath and upon any such street or road, and to control and regulate such franchises and the utilization thereof, but the department may utilize any storm sewers thereon or thereunder without cost or charge therefor by the city.

      (4) Nothing contained in ORS chapter 366 and ORS 105.760, 373.010, 373.015, 373.030 and this section, relieves any public utility or telecommunications utility from the maintenance and repair of any street or portion thereof or the performance of any other obligation required under any franchise granted to it by any city. [Amended by 1979 c.186 §14; 1987 c.447 §121; 1995 c.79 §202]

 

      373.030 Construction and maintenance of streets; consent of city for grade change. (1) The Department of Transportation may construct, reconstruct, pave and improve and shall repair and maintain streets and roads through cities where such streets or roads, or both:

      (a) Form a link in the highway system of the state or constitute a connection between two such highways; and

      (b) Have been designated by the department as the streets or roads over which there is routed state highway traffic.

      (2) The department, however, shall not change or establish any grade of any such street or road without the consent of the governing body of the city.

 

      373.040 [Amended by 1955 c.490 §1; renumbered 105.760]

 

      373.050 Closing streets that intersect with state highways routed through city. (1) Whenever the Department of Transportation has located a highway in, into or through the corporate limits of a city upon or over an alignment or route not theretofore comprising a city street and has acquired the necessary rights of way therefor and constructed a highway thereover, or whenever the department, pursuant to ORS 373.010 has selected and designated streets over which to route a state highway within an incorporated city, the department may close any street at the point where it intersects or is intersected by the state highway or by the streets selected and designated as the route of a state highway, by a formal agreement with the municipal authorities of a city set out in a resolution or ordinance of the city, designating the particular streets to be closed by name and intersection.

      (2) Before any municipal authorities enter into any such formal agreement with the department, such municipal authorities shall comply with all city ordinances or charter provisions pertaining to the closing of streets in the city.

      (3) Before the street can be closed or dead-ended, the department shall, after investigation, find and declare by resolution that the closing of the street at the point of intersection is necessary in order to provide safety for the general public or will contribute to a more expeditious and orderly movement of traffic, or both.

 

      373.060 State liable for street closing damages; proceedings on cause of action. (1) If by the closing of any street as provided in ORS 373.050, real property abutting on the intersected street between the point of intersection and the next street, but in 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 a cause of action against the state to enforce payment of such compensation or damages.

      (2) Any such action may be commenced and prosecuted in the circuit court for the county in which such real property is situated. Any party to any such action has the right to appeal from the judgment of any circuit court to the Court of Appeals. Any person having or claiming any right, title or interest in such real property may join as party plaintiff or may intervene in any action involving real property in which the person claims an interest.

      (3) The trial circuit court shall, in its general judgment, apportion such compensation as it may award among the various persons found by it to own or have some right, title or interest in such real property. The awarded compensation shall be apportioned according to the rules of law governing the distribution of awards made when real property is taken under the power of eminent domain.

      (4) The liability of the state and of the municipality terminates wholly when the compensation thus determined is paid into court. Any cause of action granted by this section is barred unless it is commenced within six months after the street is closed and entrance from the street to the state highway or intersecting street is physically barred. [Amended by 1979 c.562 §13; 2003 c.576 §251]

 

USE OF CITY STREETS BY COUNTY

 

      373.110 Connecting county road to state highway by road through city. (1) Whenever in its judgment it is necessary, for the purpose of connecting an existing county road with an existing state highway, that the connecting road be located, established and designated over property within the boundaries of a city, the county court or board of county commissioners may designate, locate, establish, construct and maintain the connecting road over property within the corporate limits of the city as a county road.

      (2) The procedure for the establishment of the connecting road may be by petition of freeholders or by a resolution of the county court or board of county commissioners as provided by law for the establishment of county roads.

      (3) In addition to the authority provided by law for the acquisition of rights of way, in the event the connecting road is established by petition of freeholders or by its resolution, the county court or board of county commissioners may acquire private property within the corporate limits of the city for rights of way for the connecting road by exercise of the power of eminent domain, under the procedure provided by law for exercise of the power of eminent domain by counties for the acquisition of private property for rights of way for county roads.

 

      373.120 Connecting county roads by roads through certain cities. The county court or board of county commissioners may construct and pave streets and roads through cities of less than 2,500 population, as shown by the last federal census, where such streets and roads are for the purpose of connecting county roads and highways. [Amended by 1957 c.71 §1]

 

      373.130 County use of city streets as bridge approach. Whenever any county constructs across any stream any bridge which is wholly or in part within the limits of any city within the county, the county may use as approaches for the bridge such portions as may be necessary of any street of the city leading to the bridge. The power, dominion and right of control over and to improve and maintain the portions of any street so used belong exclusively to the county.

 

POWERS OF CITIES RELATING TO ROADS AND HIGHWAYS

 

      373.210 Improvement of through highways by certain cities. Any city having a population of less than 100,000 may provide for the improvement of any roads or streets within the limits of the city at the partial expense of the general fund 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 roads or 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 adjoining state or county roads or highways; or

      (4) Such roads or streets provide the most accessible or generally traveled route from within the city to beyond the limits of the city.

 

      373.220 Procedure to authorize improvement. Whenever, by majority vote of the legislative authorities of a city mentioned in ORS 373.210 or by initiative vote by the people thereof, it is deemed advisable to construct or improve such designated roads or streets at the partial expense of the general fund of the municipality, the governing body shall so declare by ordinance, stating what portion of the cost shall be paid out of the general fund of the municipality and what portion shall be paid by assessment against property in the manner provided by charter or ordinance provisions of the city, unless the amount or proportion has been fixed by the initiative measure.

 

      373.230 Charter or ordinance provisions governing improvement. Except as to the provision that a portion of the cost of the improvement mentioned in ORS 373.220 may be paid out of the general fund of the city, all other charter or ordinance provisions govern in the matter of the construction and improvement of such roads and streets.

 

      373.240 General road fund of city. The general road fund of any city shall consist of the road money set apart for the city as a road district or otherwise, under the laws of the state, out of the road tax levied by the county, which the county treasurer shall pay to the city, and any other money placed in the road fund of the city by the orders of the city governing body.

 

      373.250 Use 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 and streets therein.

      (2) May be used for the construction and repair of roads without a city having a population 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 the city is located as provided in ORS 373.260.

 

      373.260 Agreements between counties and cities as to acquisition of rights of way and road improvement. (1) The county court or the board of county commissioners of any county and the authorities of any city within the county may enter into an agreement for the construction, improvement or repair of, and the acquisition of right of way for:

      (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, but leading directly to it.

      (2) In the agreements the parties shall agree upon the proportion which each shall contribute toward such acquisition, construction, improvement or repair and upon the method and kind of acquisition, construction, improvement or repair to be made. [Amended by 1955 c.388 §1]

 

      373.270 Transferring jurisdiction over county roads within cities. (1) Jurisdiction over a county road within a city may be transferred under this section whenever:

      (a) The county governing body deems it necessary, expedient or for the best interest of the county to surrender jurisdiction over any county road or portion thereof within the corporate limits of any city; and

      (b) The governing body of the city deems it necessary or expedient and for the best interests of the city to acquire jurisdiction over the county road or part thereof to the same extent as it has over other public streets and alleys of the 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 city by its governing body, shall give notice by:

      (a) Posting in three public places in the county, one of which shall be within the limits of the city; or

      (b) Publishing the notice once a week for four successive weeks in some newspaper of general circulation in the county.

      (3) Notice under this section shall give the time and place of hearing and a succinct statement of the proposed action requested and describing the road or portion thereof proposed to be surrendered by the county to the city with convenient certainty.

      (4) At the time and place mentioned in the notice under this section or at such adjournment as it may fix, the county governing body shall hear the matter, consider any objections or testimony offered by any person interested and determine whether it is necessary, expedient or for the best interests of the county to surrender jurisdiction over the county road or portion thereof to the city.

      (5) If a county governing body determines to surrender jurisdiction under this section and initiates action under this section:

      (a) The county governing body shall make an order to that effect and offer to the city to surrender jurisdiction over the county road or portion thereof, and may limit the time for the acceptance of the offer; and

      (b) The city by appropriate municipal legislation may within the time specified accept the county order and offer to surrender jurisdiction under this section.

      (6) If a city governing body determines to initiate action under this section for the surrender of jurisdiction by a county over a county road:

      (a) The city governing body may initiate the action by passage of appropriate municipal legislation that requests surrender and that may set any time or other limitations upon acceptance by the city of the surrender; and

      (b) The county governing body may surrender jurisdiction of the county road without further action by the city if the county governing body adopts an order surrendering the county road that meets the limitations established by the city in its legislation.

      (7) When a city adopts appropriate municipal legislation accepting a county governing body’s order under subsection (5) of this section or when a county governing body adopts an order meeting city legislation under subsection (6) of this section:

      (a) The jurisdiction of the county over the county road or portion thereof as a county 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 assessments therefor shall vest in the city; and

      (c) The city shall have the same jurisdiction over the road or portion thereof as by its charter and the laws of the state are given or granted it over any of the public streets and alleys of such city.

      (8) This section is applicable to all county roads, whether acquired by the county or the public by condemnation, defective condemnation and user, user or prescription or in any manner provided by law or in which the easement for road purposes is in the public. [Amended by 1981 c.153 §73]

 

      373.280 Assessments made by city under belief county road was city street. No assessment made by any city for the improvement of any county road or portion thereof under the bona fide belief of its governing body that it was a public street of the city is invalid where the property owner has permitted the city to make the improvement or where the county has surrendered jurisdiction to the city within the time when the assessment is otherwise collectible by law, if within the time the assessment would be otherwise collectible the city acquires full jurisdiction over the county road or portion thereof as provided in ORS 373.270.

 

      373.290 Amity given control of county roads and highways declared streets. The incorporated city of Amity, in Yamhill County, has exclusive control and jurisdiction over all county roads and highways within its corporate boundaries. Such county roads and highways are streets, subject to all the burdens and servitudes thereof. The control of such county roads and highways is excepted out of the jurisdiction of the County Court of Yamhill County.

 

      373.300 Monmouth given control of certain highways declared streets. The city of Monmouth, in Polk County, has full and exclusive jurisdiction, power and control over all that part of the highway known as Monmouth Avenue from its intersection with Main Street north to the northeast corner of University Out Lot B located within the corporate limits of the city. Such highway is a street, subject to all the burdens and servitudes thereof. The control of such highway is excepted out of the jurisdiction of the County Court of Polk County.

 

      373.310 Myrtle Point given jurisdiction over certain county roads declared streets. (1) The city of Myrtle Point, in Coos County, has absolute and complete jurisdiction over the following portions of the following county roads located within the corporate limits 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 described upon the plat of the original town (now city) of Myrtle Point, now on file and of 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 plat of the original town (now city) of Myrtle Point and upon the plat of the first extension to the original town (now city) of Myrtle Point, now on file and of record 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 whole thereof, 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’s addition to the town (now city) of Myrtle Point, Sengstacken’s addition to the town (now city) of Myrtle Point and J. H. Roberts’ addition to the town (now city) of Myrtle Point, now on file and of record in the office of the county clerk 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 of the first extension to the original town (now city) of Myrtle Point, Lehnherr’s addition to the town (now city) of Myrtle Point, Brown’s first addition to the town (now city) of Myrtle Point, Brown’s second addition and Smith’s addition to the town (now city) of Myrtle Point, now on file and of record in the office of the county clerk for Coos County.

      (2) The city of Myrtle Point has jurisdiction over such portion of the roads in the same manner and to the same extent that it has jurisdiction over such streets, such portions to be streets of the city of Myrtle Point.

 

      373.320 Salem given control of roads declared streets. All county roads or other roads under the jurisdiction of the county court of Marion or Polk County, within the corporate limits of the City of Salem, are streets of the city. The city has exclusive control and jurisdiction over all such roads. The county courts of Marion and Polk Counties have no jurisdiction thereof.

 

      373.330 City of Gresham given jurisdiction of certain county roads declared city streets. (1) As used in this section, “road funds” means:

      (a) State Highway Fund moneys allocated to Multnomah County as provided in ORS 366.739; and

      (b) Taxes imposed on motor vehicle fuel by Multnomah County.

      (2) The county roads within the corporate limits of the City of Gresham, in Multnomah County, are transferred and designated to be within the exclusive control and jurisdiction of the City of Gresham. These county roads are city streets, subject to all of the burdens and servitudes of city streets. Multnomah County does not have control of or jurisdiction over the roads described in this subsection.

      (3) Multnomah County and the City of Gresham shall enter into an agreement concerning the distribution of the total road funds of the county. When Multnomah County and the City of Gresham have reached an agreement, they shall notify the Oregon Transportation Commission and the Office of the Legislative Counsel. [2005 c.773 §1]

 

      Note: Section 3, chapter 773, Oregon Laws 2005, provides:

      Sec. 3. (1) As a result of the transfer of jurisdiction over county roads under section 1 of this 2005 Act [373.330] and the transfer of moneys under section 1 or section 2 of this 2005 Act, an advisory committee is created.

      (2) The advisory committee shall recommend to the governing body of Multnomah County the appropriate allocation of road funds, as defined in section 1 of this 2005 Act, to the Cities of Troutdale, Wood Village and Fairview. The recommendation shall be based on the individual needs of each of those cities.

      (3) The advisory committee shall consist of:

      (a) One representative from Multnomah County;

      (b) One representative from the City of Gresham;

      (c) One representative from the City of Troutdale;

      (d) One representative from the City of Wood Village; and

      (e) One representative from the City of Fairview. [2005 c.773 §3]

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