ORS 368.346
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]

Source: Section 368.346 — Report, notice and hearing for vacation proceedings, https://www.­oregonlegislature.­gov/bills_laws/ors/ors368.­html.

Notes of Decisions

County did not meet requirements of ORS 368.351 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)

368.001
Definitions 368.011
County authority to supersede statutes 368.016
County authority over roads 368.021
County authority over trails 368.026
Withdrawal of county road status 368.031
County jurisdiction over local access roads 368.036
Standards for county roads and road work 368.039
Road standards adopted by local government supersede standards in fire codes 368.041
Widths of county roads 368.046
Employment of county road official 368.051
Accounting for county road work 368.056
Permit for gate construction on public road 368.062
Transferring road within city to county jurisdiction 368.073
Initiation of proceedings to acquire property for road purposes 368.081
Requirements for petition to initiate road proceedings 368.086
Road proceedings 368.091
Owners’ rights to terminate road proceedings 368.096
Alternative methods to acquire property for roads 368.101
Authority to change road proceedings 368.106
Records and survey of property acquired for road 368.111
Assessment of costs and damages from road proceedings 368.116
Acquisition of railroad right of way 368.121
Financial assistance to persons displaced by county road acquisition 368.126
Order establishing new road along existing road to identify parts of existing road to be vacated 368.131
Right of way over United States public lands 368.161
Use of road viewers to establish road 368.166
Road viewer report 368.171
Order, costs and damages under proceeding with road viewers 368.201
Basis for legalization of road 368.206
Proceedings for legalization of roads 368.211
Compensation for property affected by road legalization 368.216
Order under road legalization proceeding 368.221
Legalization of road of substandard width 368.251
Obstruction of road drains prohibited 368.256
Creation of road hazard prohibited 368.261
Order to abate road hazard 368.266
Hearing on abatement of road hazard 368.271
Abatement of road hazard by county 368.276
Hearing, notice and costs when county abates road hazard 368.281
County recovery of costs for road hazard abatement 368.326
Purpose of vacation procedures 368.331
Limitation on use of vacation proceedings that would eliminate access 368.336
Abutting owners in vacation proceedings 368.341
Initiation of vacation proceedings 368.346
Report, notice and hearing for vacation proceedings 368.351
Vacation without hearing 368.356
Order and costs in vacation proceedings 368.361
Intergovernmental vacation proceedings 368.366
Vesting of vacated property 368.401
General notice provisions 368.406
Notice by service 368.411
Notice by posting 368.416
Notice by publication 368.421
Record of notice 368.426
Contents of notice 368.705
County road fund 368.706
Expending road fund moneys of certain counties for patrolling 368.708
Interfund loan of county road fund moneys for patrolling 368.709
Loaning of road fund money by certain counties to other counties and districts 368.710
Apportionment of certain local option taxes 368.715
Using county funds for noncounty roads during emergency 368.717
County borrowing of money from county general road fund 368.720
Using road funds outside of county 368.722
Expenditure of general road fund on city streets and bridges 368.910
Owner to repair sidewalks and curbs along road 368.915
Payment and reimbursement when county makes repairs 368.920
Expense of repairs as lien on abutting property 368.925
Delinquency in paying assessment for repairs 368.942
Posting notices, signs or pictures on structures within county road right of way prohibited 368.945
Authority of county road official to remove unlawfully posted matter 368.950
Applicability of ORS 368.942 and 368.945 368.955
Posting notices, signs or pictures within view of county road on property of another without consent prohibited 368.960
Authority of property owner to remove unlawfully posted matter 368.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 368.346’s source at oregon​.gov