RE: ORS 368.026 Withdrawal of county road status; notice; hearing.
STATEMENT OF POLICY:
In determining whether to withdraw a county road from the system, the Board of Commissioners at a public meeting held for that purpose shall consider various factors, including but not limited to the following, to wit:
1. Major arterials. 2. Minor arterials. 3. Collector roads. 4. Local service roads.
A further road classification could be made for those short dead-end roads that serve only one to four homes. In a strict sense, these roads are merely Along driveways@ and do not serve the general public. ORS 368.026 allows the county to Awithdraw@ such roads from the county road system. This transfers the responsibility for maintaining the road from the County Operations Department to the property owners abutting the road. Residents can usually continue to have maintenance service provided by the county by requesting a Aprivate work order@, thereby contracting with the Department of Public Works to provide maintenance (grading, ditching, etc.) at the price it costs the county to provide the service. This removes the public burden of maintaining a seldom used road to the detriment of those roads in use generally by the motoring public.
This procedure is not an Aabandonment@ or Avacation@ of the road. Under abandonment or vacation procedures, the road property would revert in ownership to the property owners. Under Awithdrawal@ procedure, the road continues in being as a road of public easement, which means that the road will still exist as a road in public use. The only change would be in the county=s responsibility for maintaining this road.
It should be noted that funds for the maintenance of county roads do not come from property taxes. The funds for road maintenance are provided by the State of Oregon out of Gasoline Tax Receipts and Forest Receipts. Because of the limitations inherent in these revenues, county road maintenance funds and the levels at which they are provided are outside the control of the county.
Any petition or resolution presented by property owners maintaining a residence served by the road in question will then be heard, along with any arguments favoring such withdrawal. Subsequent to these petitions, resolutions or arguments in favor of the withdrawal, any petition, resolution or argument objecting or opposing the withdrawal will be heard. Individuals may appear and give testimony, and may be represented by counsel at these hearings.
ACTION AFTER HEARING:
Approved in Board Session 12/8/76.