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Oregon Revised Statutes

Or. Rev. Stat. § 368.341 (2026)

Initiation of vacation proceedings; requirements for resolution or petition; fees

✓ current as of May 2026
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      368.341 Initiation of vacation proceedings; requirements for resolution or petition; fees. (1) A county governing body may initiate proceedings to vacate property under ORS 368.326 to 368.366 if:

      (a) The county governing body adopts a resolution meeting the requirements of this section;

      (b) The person who holds title to property files with the county governing body a petition meeting the requirements of this section and requesting that the property be vacated; or

      (c) The owner of property abutting public property files with the county governing body a petition meeting the requirements of this section and requesting vacation of the public property that abuts the property owned by the person.

      (2) A county governing body adopting a resolution under this section shall include the following in the resolution:

      (a) A declaration of intent to vacate property;

      (b) A description of the property proposed to be vacated; and

      (c) A statement of the reasons for the proposed vacation.

      (3) Any person filing a petition under this section shall include the following in the petition:

      (a) A description of the property proposed to be vacated;

      (b) A statement of the reasons for requesting the vacation;

      (c) The names and addresses of all persons holding any recorded interest in the property proposed to be vacated;

      (d) The names and addresses of all persons owning any improvements constructed on public property proposed to be vacated;

      (e) The names and addresses of all persons owning any real property abutting public property proposed to be vacated;

      (f) Signatures, acknowledged by a person authorized to take acknowledgments of deeds, of either owners of 60 percent of the land abutting the property proposed to be vacated or 60 percent of the owners of land abutting the property proposed to be vacated; and

      (g) If the petition is for vacation of property that will be redivided in any manner, a subdivision plan or partitioning plan showing the proposed redivision.

      (4) The county governing body may require a fee for the filing of a petition under this section. [1981 c.153 §37]

Notes of Decisions
Cited in 2 cases, 1988–2000 · leading case: Harding v. Clackamas Cnty., 750 P.2d 167 (Or. Ct. App. 1988).
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Harding v. Clackamas Cnty., 750 P.2d 167 (Or. Ct. App. 1988). · cites it 2× “366 were initiated by a petition under ORS 368.341 that contains the acknowledged signatures of owners of 100 percent of any private property proposed to be vacated and acknowledged signatures of owners of 100 percent of property abutting any public property proposed to be…”
Pac. W. Co. v. Lincoln Cnty., 998 P.2d 798 (Or. Ct. App. 2000). “, those immediately to the north of Lot 1903), filed a petition with the Lincoln County Board of Commissioners, pursuant to ORS 368.341, to initiate proceedings to vacate that portion *487 of Sandy Drive.”
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