ORS 368.326¹
Purpose of vacation procedures
  • limitation

ORS 368.326 (Purpose of vacation procedures) to 368.366 (Vesting of vacated property) establish vacation procedures by which a county governing body may vacate a subdivision, part of a subdivision, a public road, a trail, a public easement, public square or any other public property or public interest in property under the jurisdiction of the county governing body. The vacation procedures under ORS 368.326 (Purpose of vacation procedures) to 368.366 (Vesting of vacated property):

(1) Shall not be used by the county governing body to vacate property or an interest in property that is within a city.

(2) Are an alternative method to the method established under ORS chapter 92 for the vacation of a subdivision. [1981 c.153 §34]

Notes of Decisions

Under Former Similar Statute (Ors 368.620)

Statutory vaca­tion is intended as exclusive means of extinguishing duly es­tab­lished public road, so common law abandon­ment is not available. Martin v. Klamath County, 39 Or App 455, 592 P2d 1037 (1979), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 368—County Roads, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors368.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 368, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano368.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information