(2) In the selection of highways or roads to be included in the state highway system the department shall give consideration to and shall select such county roads or public roads as will contribute to and best promote the completion of an adequate system of state highways.
(3)(a) With the written agreement of the county in which a particular highway or part thereof is located, the department may, when in its opinion the interests of highway users will be best served, eliminate from the state highway system any road, highway, road segment or highway segment. The road, highway or segment becomes a county road or highway, and the construction, repair, maintenance or improvement, and jurisdiction over the road or highway will be exclusively under the county in which the road or highway is located.
(b) In addition to the funds provided under ORS 366.762 to the county, the department may annually provide funds out of the State Highway Fund to address the additional costs to the county for the construction, repair, maintenance or improvement of the road or highway over which the county accepts jurisdiction.
(c) The agreement between the department and the county accepting jurisdiction must contain provisions to ensure that freight movement on the highway will not be restricted beyond the limits set in the agreement, unless the Oregon Transportation Commission, in consultation with the freight industry and the county, concludes that the restriction is necessary for the safety of the highway users. Nothing in this section prevents a county from taking emergency action to protect safety or place weight restrictions on a structure that is failing or otherwise damaged.
(4) The construction, maintenance and repair of state highways shall be carried on at the sole expense of the state or at the expense of the state and the county by mutual agreement between the department and the county in which any particular state highway is located. [Amended by 1953 c.252 §2; 1979 c.223 §1; 2011 c.330 §24]