2017 ORS 368.331¹
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]

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)

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 (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 368, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano368.­html (2017) (last ac­cessed Mar. 30, 2018).
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.