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 and make such vacation
without a petition or consent of property owners. Notice shall be given as
provided by ORS 271.110, 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, 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]
Notes of Decisions
West Linn Corp. Park, L.L.C. v. City of West Linn, 240 P.3d 29 (Or. 2010).
· cites it 10× “080); [26] the other allows a city governing body [27] to do so (ORS 271.130). [28] *51 Both mechanisms call for notice and public hearing and, if the vacation is approved, for enactment of an ordinance vacating the street.”
Ayres v. City Council of Cannon Beach, 572 P.2d 664 (Or. Ct. App. 1977).
“Pursuant to ORS 271.130(4), the developer’s remedy was to seek review of the Planning Commission’s decision in Clatsop County Circuit Court.”
Thompson v. City of St. Helens, 709 P.2d 748 (Or. Ct. App. 1985).
· cites it 5× “Appeals from street vacation ordinances are governed by ORS 271.130(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…”
Bitte v. City of St. Helens, 446 P.2d 978 (Or. 1968).
“The applicable statute is ORS 271.130. ① It provides for a hearing *550 before- the council.”
Davis v. City of Eugene, 857 P.2d 201 (Or. Ct. App. 1993).
· cites it 6× “ORS 271.130. Appellants appeal from the district court judgment dismissing their appeal and from the denial of their motion to transfer the appeal to circuit court.”
— Or. Rev. Stat. § 271.130(1) — 1 case
West Linn Corp. Park, L.L.C. v. City of West Linn, 240 P.3d 29 (Or. 2010).
“080); [26] the other allows a city governing body [27] to do so (ORS 271.130). [28] *51 Both mechanisms call for notice and public hearing and, if the vacation is approved, for enactment of an ordinance vacating the street.”
— Or. Rev. Stat. § 271.130(4) — 3 cases
Ayres v. City Council of Cannon Beach, 572 P.2d 664 (Or. Ct. App. 1977).
“Pursuant to ORS 271.130(4), the developer’s remedy was to seek review of the Planning Commission’s decision in Clatsop County Circuit Court.”
Thompson v. City of St. Helens, 709 P.2d 748 (Or. Ct. App. 1985).
“Appeals from street vacation ordinances are governed by ORS 271.130(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…”
Davis v. City of Eugene, 857 P.2d 201 (Or. Ct. App. 1993).
“ORS 271.130. Appellants appeal from the district court judgment dismissing their appeal and from the denial of their motion to transfer the appeal to circuit court.”
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