2015 ORS 368.356¹
Order and costs in vacation proceedings

(1) After considering matters presented under ORS 368.346 (Report, notice and hearing for vacation proceedings) or 368.351 (Vacation without hearing), a county governing body shall determine whether vacation of the property is in the public interest and shall enter an order or resolution granting or denying the vacation of the property under ORS 368.326 (Purpose of vacation procedures) to 368.366 (Vesting of vacated property).

(2) An order or resolution entered under this section shall:

(a) State whether the property is vacated;

(b) Describe the exact location of any property vacated;

(c) Establish the amounts of any costs resulting from an approved vacation and determine persons liable for payment of the costs;

(d) Direct any persons liable for payment of costs to pay the amounts of costs established; and

(e) If a plat is vacated, direct the county surveyor to mark the plat as provided under ORS 271.230 (Records of vacations).

(3) When an order or resolution under this section becomes final, the county governing body shall cause the order to be recorded with the county clerk and cause copies of the order to be filed with the county surveyor and the county assessor. The order or resolution is effective when the order or resolution is filed under this subsection.

(4) Any person who does not pay costs as directed by an order under this section is liable for those costs. [1981 c.153 §40]

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 (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 368, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano368.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.