ORS 368.346¹
Report, notice and hearing for vacation proceedings

Except as provided in ORS 368.351 (Vacation without hearing):

(1) When a vacation proceeding has been initiated under ORS 368.341 (Initiation of vacation proceedings), the county governing body shall direct the county road official to prepare and file with the county governing body a written report containing the following:

(a) A description of the ownership and uses of the property proposed to be vacated;

(b) An assessment by the county road official of whether the vacation would be in the public interest; and

(c) Any other information required by the county governing body.

(2) Upon receipt of the report under subsection (1) of this section, a county governing body shall establish a time and place for a hearing to consider whether the proposed vacation is in the public interest.

(3) Notice of the hearing under this section shall be provided under ORS 368.401 (General notice provisions) to 368.426 (Contents of notice) by posting and publication and by service on each person with a recorded interest in any of the following:

(a) The property proposed to be vacated;

(b) An improvement constructed on public property proposed to be vacated; or

(c) Real property abutting public property proposed to be vacated.

(4) During or before a hearing under this section, any person may file information with the county governing body that controverts any matter presented to the county governing body in the proceeding or that alleges any new matter relevant to the proceeding. [1981 c.153 §38]

Notes of Decisions

County did not meet require­ments of ORS 368.351 (Vacation without hearing) for dispensing with this sec­tion’s meeting and notice require­ments for street vaca­tions where road official’s recommenda­tion was subject to contingency and where peti­tioner was in process of acquiring but did not have title to land abutting street at time it peti­tioned. Harding v. Clackamas County, 89 Or App 385, 750 P2d 167 (1988)

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