Oregon Statutes 368.346 – Report, notice and hearing for vacation proceedings
Except as provided in ORS § 368.351:
Terms Used In Oregon Statutes 368.346
- County road: means a public road under the jurisdiction of a county that has been designated as a county road under ORS § 368. See Oregon Statutes 368.001
- County road official: means the roadmaster, engineer, road supervisor, public works director or other administrative officer designated by the county governing body as being responsible for administration of the road activities of the county. See Oregon Statutes 368.001
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Road: means the entire right of way of any public or private way that provides ingress to or egress from property by means of vehicles or other means or that provides travel between places by means of vehicles. See Oregon Statutes 368.001
(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]