Oregon Revised Statutes

Or. Rev. Stat. § 368.366 (2026)

Vesting of vacated property

✓ current as of May 2026
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      368.366 Vesting of vacated property. (1) When a county governing body vacates public property under ORS 368.326 to 368.366, the vacated property shall vest as follows:

      (a) If the county holds title to the property in fee, the property shall vest in the county.

      (b) If the property vacated is a public square the property shall vest in the county.

      (c) Unless otherwise described in paragraph (a) or (b) of this subsection, the vacated property shall vest in the rightful owner holding title according to law.

      (d) Except as otherwise provided in this subsection, the vacated property shall vest in the owner of the land abutting the vacated property by extension of the person’s abutting property boundaries to the center of the vacated property.

      (2) Notwithstanding subsection (1) of this section, a county governing body may determine the vesting of property vacated under ORS 368.326 to 368.366 in the order or resolution that vacates the property. [1981 c.153 §42]

 

NOTICE

Notes of Decisions
Cited in 2 cases, 1999–2014 · leading case: Howe v. Greenleaf, 320 P.3d 641 (Or. Ct. App. 2014).
Howe v. Greenleaf, 320 P.3d 641 (Or. Ct. App. 2014). · cites it 8× “310(4) and ORS 368.366, which provide rules of construction for real property conveyances and vesting rules upon vacation of public property, respectively.”
Marshall v. City of Yachats, 973 P.2d 374 (Or. Ct. App. 1999). · cites it 2× “See ORS 368.366. However, that is not the case here.”
Or. Rev. Stat. § 368.366(1)(c): 1 case
Howe v. Greenleaf, 320 P.3d 641 (Or. Ct. App. 2014). “310(4) and ORS 368.366, which provide rules of construction for real property conveyances and vesting rules upon vacation of public property, respectively.”
Or. Rev. Stat. § 368.366(1)(d): 1 case
Howe v. Greenleaf, 320 P.3d 641 (Or. Ct. App. 2014). “310(4) and ORS 368.366, which provide rules of construction for real property conveyances and vesting rules upon vacation of public property, respectively.”
Or. Rev. Stat. § 368.366(l)(c): 1 case
Howe v. Greenleaf, 320 P.3d 641 (Or. Ct. App. 2014). “310(4) and ORS 368.366, which provide rules of construction for real property conveyances and vesting rules upon vacation of public property, respectively.”
Or. Rev. Stat. § 368.366(l)(d): 1 case
Howe v. Greenleaf, 320 P.3d 641 (Or. Ct. App. 2014). “310(4) and ORS 368.366, which provide rules of construction for real property conveyances and vesting rules upon vacation of public property, respectively.”
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