Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 368.346

Report, notice and hearing for vacation proceedings

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      368.346 Report, notice and hearing for vacation proceedings. Except as provided in ORS 368.351:

      (1) When a vacation proceeding has been initiated under ORS 368.341, 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 to 368.426 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]

Notes of Decisions
Cited in 2 cases, 1985–1988 · leading case: Harding v. Clackamas County
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Harding v. Clackamas County (1988) orctapp · cites it 17× “351, rather than the procedures of ORS 368.346, and it did not afford Harding the notice and hearing rights which would be required in a proceeding under the latter statute.”
Billington v. Polk County (1985) or · cites it 2× “331; and (2) “When a vacation proceeding has been initiated * * * the county governing body shall direct the county road official to prepare and *477 file with the county governing body a written report containing the following * * * (b) an assessment by the county road official…”
— Or. Rev. Stat. § 368.346(1)(b) — 1 case
Billington v. Polk County (1985) or “331; and (2) “When a vacation proceeding has been initiated * * * the county governing body shall direct the county road official to prepare and *477 file with the county governing body a written report containing the following * * * (b) an assessment by the county road official…”
— Or. Rev. Stat. § 368.346(3) — 2 cases
Billington v. Polk County (1985) or “331; and (2) “When a vacation proceeding has been initiated * * * the county governing body shall direct the county road official to prepare and *477 file with the county governing body a written report containing the following * * * (b) an assessment by the county road official…”
Harding v. Clackamas County (1988) orctapp “351, rather than the procedures of ORS 368.346, and it did not afford Harding the notice and hearing rights which would be required in a proceeding under the latter statute.”
— Or. Rev. Stat. § 368.346(3)(c) — 1 case
Harding v. Clackamas County (1988) orctapp “351, rather than the procedures of ORS 368.346, and it did not afford Harding the notice and hearing rights which would be required in a proceeding under the latter statute.”
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