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Oregon Revised Statutes

Or. Rev. Stat. § 368.356 (2026)

Order and costs in vacation proceedings

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      368.356 Order and costs in vacation proceedings. (1) After considering matters presented under ORS 368.346 or 368.351, a county governing body shall determine whether vacation of the property is in the public interest and shall enter an order or resolution granting or denying the vacation of the property under ORS 368.326 to 368.366.

      (2) An order or resolution entered under this section shall:

      (a) State whether the property is vacated;

      (b) Describe the exact location of any property vacated;

      (c) Establish the amounts of any costs resulting from an approved vacation and determine persons liable for payment of the costs;

      (d) Direct any persons liable for payment of costs to pay the amounts of costs established; and

      (e) If a plat is vacated, direct the county surveyor to mark the plat as provided under ORS 271.230.

      (3) When an order or resolution under this section becomes final, the county governing body shall cause the order to be recorded with the county clerk and cause copies of the order to be filed with the county surveyor and the county assessor. The order or resolution is effective when the order or resolution is filed under this subsection.

      (4) Any person who does not pay costs as directed by an order under this section is liable for those costs. [1981 c.153 §40]

Notes of Decisions
Cited in 2 cases, 1985–2011 · leading case: Billington v. Polk Cnty., 703 P.2d 232 (Or. 1985).
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Billington v. Polk Cnty., 703 P.2d 232 (Or. 1985). · cites it 2× “We note, however, that ORS 368.356 sets a general approval standard for road vacations — vacation must be in the ‘public interest.”
Weyerhaeuser Real Est. Dev. Co. v. Polk Cnty., 267 P.3d 855 (Or. Ct. App. 2011). · cites it 2× “” If those procedures were used to vacate, ORS 368.356(1) (1981) required a county to enter an order or resolution, which ORS 368.”
Or. Rev. Stat. § 368.356(1): 2 cases
Billington v. Polk Cnty., 703 P.2d 232 (Or. 1985). “We note, however, that ORS 368.356 sets a general approval standard for road vacations — vacation must be in the ‘public interest.”
Weyerhaeuser Real Est. Dev. Co. v. Polk Cnty., 267 P.3d 855 (Or. Ct. App. 2011). “” If those procedures were used to vacate, ORS 368.356(1) (1981) required a county to enter an order or resolution, which ORS 368.”
Or. Rev. Stat. § 368.356(2): 1 case
Weyerhaeuser Real Est. Dev. Co. v. Polk Cnty., 267 P.3d 855 (Or. Ct. App. 2011). “” If those procedures were used to vacate, ORS 368.356(1) (1981) required a county to enter an order or resolution, which ORS 368.”
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