ORS 271.130
Vacation on city governing body’s own motion

  • appeal

(1)

The city governing body may initiate vacation proceedings authorized by ORS 271.080 (Vacation in incorporated cities) and make such vacation without a petition or consent of property owners. Notice shall be given as provided by ORS 271.110 (Notice of hearing), but such vacation shall not be made before the date set for hearing, nor if the owners of a majority of the area affected, computed on the basis provided in ORS 271.080 (Vacation in incorporated cities), object in writing thereto, nor shall any street area be vacated without the consent of the owners of the abutting property if the vacation will substantially affect the market value of such property, unless the city governing body provides for paying damages. Provision for paying such damages may be made by a local assessment, or in such other manner as the city charter may provide.

(2)

Two or more streets, alleys, avenues and boulevards, or parts thereof, may be joined in one proceeding, provided they intersect or are adjacent and parallel to each other.

(3)

No ordinance for the vacation of all or part of a plat shall be passed by the governing body until the city recording officer has filed in the office of the city recording officer or indorsed on the petition for such vacation a certificate showing that all city liens and all taxes have been paid on the lands covered by the plat or portion thereof to be vacated.

(4)

Any property owner affected by the order of vacation or the order awarding damages or benefits in such vacation proceedings may appeal to the circuit court of the county where such city is situated in the manner provided by the city charter. If the charter does not provide for such appeal, the appeal shall be taken within the time and in substantially the manner provided for taking an appeal from justice court in civil cases. [Amended by 1995 c.658 §101]

Source: Section 271.130 — Vacation on city governing body’s own motion; appeal, https://www.­oregonlegislature.­gov/bills_laws/ors/ors271.­html.

Notes of Decisions

Time to appeal from vacation order under this section where city charter does not provide appeal method does not begin to run until order is “filed for record” with county clerk as required by ORS 271.150. Thompson v. City of St. Helens, 76 Or App 440, 709 P2d 748 (1985)

Where city charter does not contain provision for appealing city street vacation order, property owner must appeal to circuit court in manner for taking appeal from justice’s or district court in civil case under ORS 53.020 and 53.030. Davis v. City of Eugene, 122 Or App 213, 857 P2d 201 (1993), Sup Ct review denied

Governing body of city may not claim vacation is invalid for failure to meet alternative process for vacation if governing body follows process under this section. West Linn Corporate Park, L.L.C. v. City of West Linn, 349 Or 58, 240 P3d 29 (2010)

271.005
Definitions for ORS 271.005 to 271.540 271.080
Vacation in incorporated cities 271.090
Filing of petition 271.100
Action by city governing body 271.110
Notice of hearing 271.120
Hearing 271.130
Vacation on city governing body’s own motion 271.140
Title to vacated areas 271.150
Vacation records to be filed 271.160
Vacations for purposes of rededication 271.170
Nature and operation of statutes 271.180
Vacations in municipalities included in port districts 271.190
Consent of owners of adjoining property 271.200
Petition 271.210
Hearing 271.220
Filing of objections 271.230
Records of vacations 271.300
Application and administration of ORS 271.300 to 271.360 271.310
Transfer or lease of real property owned or controlled by political subdivision 271.320
Exchange of trust fund assets 271.330
Relinquishing title of property not needed for public use 271.335
Relinquishing reversionary interest held by political subdivision 271.340
Property valuation in exchange to be equal 271.350
Determining valuation of property in exchanges 271.360
Lease requirements 271.375
Public grazing lands 271.380
Indemnifying political subdivision for loss or damage resulting from occupancy of its property 271.390
Lease or purchase of real estate by public body or council of governments 271.400
Conveyances by political subdivision to state 271.405
Transfer of property by city or town to county for public institutions and works 271.410
Use of municipal property for rodeos, games, racing and exhibitions 271.420
City bonds as payment for land sold by city 271.430
Lease of space above or below street or highway 271.440
Agreements for location of transmission lines on property of political subdivision 271.445
Installation of fiber-optic lines on public land and in public right of way 271.510
Definition of “industrial facility” for ORS 271.510 to 271.540 271.520
Declaration of legislative purpose 271.530
Powers of counties and cities to acquire and dispose of industrial facilities 271.540
County or city operation of industrial facility 271.600
Use of term “squaw” 271.715
Definitions for ORS 271.715 to 271.795 271.725
Acquisition and creation of conservation or highway scenic preservation easement 271.729
Report on effect of conservation or highway scenic preservation easement on property value 271.735
Hearing 271.745
Validity of conservation or highway scenic preservation easement 271.755
Action affecting conservation or highway scenic preservation easement 271.765
Applicability 271.775
Rules governing conservation and highway scenic preservation easements 271.785
Taxation of property subject to highway scenic preservation easement 271.795
Construction of Act
Green check means up to date. Up to date

Current through early 2024

§ 271.130’s source at oregon​.gov