2017 ORS 368.351¹
Vacation without hearing

A county governing body may make a determination about a vacation of property under ORS 368.326 (Purpose of vacation procedures) to 368.366 (Vesting of vacated property) without complying with ORS 368.346 (Report, notice and hearing for vacation proceedings) if the proceedings for vacation were initiated by a petition under ORS 368.341 (Initiation of vacation proceedings) that indicates the owners’ approval of the proposed vacation and that contains the acknowledged signatures of owners of 100 percent of private property proposed to be vacated and acknowledged signatures of owners of 100 percent of property abutting public property proposed to be vacated and either:

(1) The county road official files with the county governing body a written report that contains the county road official’s assessment that any vacation of public property is in the public interest; or

(2) The planning director of the county files a written report with the county governing body in which the planning director, upon review, finds that an interior lot line vacation affecting private property complies with applicable land use regulations and facilitates development of the property subject to interior lot line vacation. [1981 c.153 §39; 2005 c.762 §1]

Notes of Decisions

County did not meet require­ments of this sec­tion for dispensing with ORS 368.346 (Report, notice and hearing for vacation proceedings) 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 (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.