ORS 368.331
Limitation on use of vacation proceedings that would eliminate access


A county governing body shall not vacate public lands under ORS 368.326 (Purpose of vacation procedures) to 368.366 (Vesting of vacated property) if the vacation would deprive an owner of a recorded property right of access necessary for the exercise of that property right unless the county governing body has the consent of the owner. [1981 c.153 §35]

Source: Section 368.331 — Limitation on use of vacation proceedings that would eliminate access, https://www.­oregonlegislature.­gov/bills_laws/ors/ors368.­html.

Notes of Decisions

Words “of access” do not modify “property right,” therefore any recorded right in affected property triggers owner-consent requirement. Pacific Western Co. v. Lincoln County, 166 Or App 484, 998 P2d 798 (2000)

Owner-consent requirement applies regardless of whether property to which recorded right pertains was legally created. Pacific Western Co. v. Lincoln County, 166 Or App 484, 998 P2d 798 (2000)

368.001
Definitions
368.011
County authority to supersede statutes
368.016
County authority over roads
368.021
County authority over trails
368.026
Withdrawal of county road status
368.031
County jurisdiction over local access roads
368.036
Standards for county roads and road work
368.039
Road standards adopted by local government supersede standards in fire codes
368.041
Widths of county roads
368.046
Employment of county road official
368.051
Accounting for county road work
368.056
Permit for gate construction on public road
368.062
Transferring road within city to county jurisdiction
368.073
Initiation of proceedings to acquire property for road purposes
368.081
Requirements for petition to initiate road proceedings
368.086
Road proceedings
368.091
Owners’ rights to terminate road proceedings
368.096
Alternative methods to acquire property for roads
368.101
Authority to change road proceedings
368.106
Records and survey of property acquired for road
368.111
Assessment of costs and damages from road proceedings
368.116
Acquisition of railroad right of way
368.121
Financial assistance to persons displaced by county road acquisition
368.126
Order establishing new road along existing road to identify parts of existing road to be vacated
368.131
Right of way over United States public lands
368.161
Use of road viewers to establish road
368.166
Road viewer report
368.171
Order, costs and damages under proceeding with road viewers
368.201
Basis for legalization of road
368.206
Proceedings for legalization of roads
368.211
Compensation for property affected by road legalization
368.216
Order under road legalization proceeding
368.221
Legalization of road of substandard width
368.251
Obstruction of road drains prohibited
368.256
Creation of road hazard prohibited
368.261
Order to abate road hazard
368.266
Hearing on abatement of road hazard
368.271
Abatement of road hazard by county
368.276
Hearing, notice and costs when county abates road hazard
368.281
County recovery of costs for road hazard abatement
368.326
Purpose of vacation procedures
368.331
Limitation on use of vacation proceedings that would eliminate access
368.336
Abutting owners in vacation proceedings
368.341
Initiation of vacation proceedings
368.346
Report, notice and hearing for vacation proceedings
368.351
Vacation without hearing
368.356
Order and costs in vacation proceedings
368.361
Intergovernmental vacation proceedings
368.366
Vesting of vacated property
368.401
General notice provisions
368.406
Notice by service
368.411
Notice by posting
368.416
Notice by publication
368.421
Record of notice
368.426
Contents of notice
368.705
County road fund
368.706
Expending road fund moneys of certain counties for patrolling
368.708
Interfund loan of county road fund moneys for patrolling
368.709
Loaning of road fund money by certain counties to other counties and districts
368.710
Apportionment of certain local option taxes
368.715
Using county funds for noncounty roads during emergency
368.717
County borrowing of money from county general road fund
368.720
Using road funds outside of county
368.722
Expenditure of general road fund on city streets and bridges
368.910
Owner to repair sidewalks and curbs along road
368.915
Payment and reimbursement when county makes repairs
368.920
Expense of repairs as lien on abutting property
368.925
Delinquency in paying assessment for repairs
368.942
Posting notices, signs or pictures on structures within county road right of way prohibited
368.945
Authority of county road official to remove unlawfully posted matter
368.950
Applicability of ORS 368.942 and 368.945
368.955
Posting notices, signs or pictures within view of county road on property of another without consent prohibited
368.960
Authority of property owner to remove unlawfully posted matter
368.990
Penalties
Green check means up to date. Up to date