Oregon Statutes 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:
Terms Used In Oregon Statutes 368.361
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
(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]