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Oregon Revised Statutes

Or. Rev. Stat. § 368.331 (2026)

Limitation on use of vacation proceedings that would eliminate access

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      368.331 Limitation on use of vacation proceedings that would eliminate access. A county governing body shall not vacate public lands under ORS 368.326 to 368.366 if the vacation would deprive an owner of a recorded property right of access necessary for the exercise of that property right unless the county governing body has the consent of the owner. [1981 c.153 §35]

Notes of Decisions
Cited in 4 cases, 1985–2000 · leading case: Pac. W. Co. v. Lincoln Cnty., 998 P.2d 798 (Or. Ct. App. 2000).
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Pac. W. Co. v. Lincoln Cnty., 998 P.2d 798 (Or. Ct. App. 2000). · cites it 10× “, ORS 368.331, and had consequently failed to follow applicable procedures.”
Billington v. Polk Cnty., 703 P.2d 232 (Or. 1985). “4 The standards set forth by *476 statute are: (1) “A county governing body shall not vacate public lands * * * if the vacation would deprive an owner of a recorded property right of access necessary for the exercise of the property right * * ORS 368.331; and (2) “When a…”
Harding v. Clackamas Cnty., 750 P.2d 167 (Or. Ct. App. 1988). “Schurgin also assigns error to LUBA’s conclusion that the county’s decision violated ORS 368.331, which provides: “A county governing body shall not vacate public lands under ORS 368.”
Oregon Shores Conservation Coalition v. Lincoln Cnty., 992 P.2d 936 (Or. Ct. App. 1999). “In the interest of making it clear what we are not remanding, we note that we have considered and reject without separate discussion respondents’ arguments relating to *437 ORS 368.331 and to policies E.3 and E.5 of the city’s comprehensive plan.”
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