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Oregon Revised Statutes

Or. Rev. Stat. § 368.361 (2026)

Intergovernmental vacation proceedings

✓ current as of May 2026
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      368.361 Intergovernmental vacation proceedings. (1) Notwithstanding ORS 368.326, a county governing body may vacate property that is under multiple public jurisdiction or that crosses and recrosses from public jurisdiction to public jurisdiction if:

      (a) Vacation proceedings are initiated by each public body with jurisdiction;

      (b) The public bodies proceed separately with vacation proceedings or conduct a joint proceeding; and

      (c) Each public body reaches a separate decision about the proposed vacation.

      (2) Each public body must reach a separate decision to vacate property under this section before the vacation may be completed. If each public body has determined that the property should be vacated, each public body shall issue a separate order or resolution vacating those portions of the property under their respective jurisdictions.

      (3) Notwithstanding ORS 368.326, a county governing body may vacate property that is under the jurisdiction of the county and that is entirely within the limits of a city if that city, by resolution or order, concurs in the findings of the county governing body in the vacation proceedings.

      (4) Public bodies vacating property under this section shall each use procedures for vacation that each uses for other vacation proceedings. [1981 c.153 §41; 1989 c.219 §1]

Notes of Decisions
Cited in 1 case, 1999–1999 · leading case: Oregon Shores Conservation Coalition v. Lincoln Cnty., 992 P.2d 936 (Or. Ct. App. 1999).
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Oregon Shores Conservation Coalition v. Lincoln Cnty., 992 P.2d 936 (Or. Ct. App. 1999). · cites it 7× “Pursuant to ORS 368.361(3), the county submitted its findings to the City of Yachats for its concurrence.”
— Or. Rev. Stat. § 368.361(3) — 1 case
Oregon Shores Conservation Coalition v. Lincoln Cnty., 992 P.2d 936 (Or. Ct. App. 1999). “Pursuant to ORS 368.361(3), the county submitted its findings to the City of Yachats for its concurrence.”
— Or. Rev. Stat. § 368.361(4) — 1 case
Oregon Shores Conservation Coalition v. Lincoln Cnty., 992 P.2d 936 (Or. Ct. App. 1999). “Pursuant to ORS 368.361(3), the county submitted its findings to the City of Yachats for its concurrence.”
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