Statutes


State Codes and Statutes

State Codes and Statutes

Statutes > Oregon > Vol7 > 271

Chapter 271 —Use and Disposition of Public Lands Generally; Easements

 

 

2009 EDITION

 

USEOF PUBLIC LANDS; EASEMENTS

 

PUBLICLANDS

 

GENERALPROVISIONS

 

271.005     Definitionsfor ORS 271.005 to 271.540

 

VACATION

 

271.080     Vacationin incorporated cities; petition; consent of property owners

 

271.090     Filingof petition; notice

 

271.100     Actionby city governing body

 

271.110     Noticeof hearing

 

271.120     Hearing;determination

 

271.130     Vacationon city governing body’s own motion; appeal

 

271.140     Titleto vacated areas

 

271.150     Vacationrecords to be filed; costs

 

271.160     Vacationsfor purposes of rededication

 

271.170     Natureand operation of statutes

 

271.180     Vacationsin municipalities included in port districts; petition; power of commoncouncil; vacating street along railroad easement

 

271.190     Consentof owners of adjoining property; other required approval

 

271.200     Petition;notice

 

271.210     Hearing;grant of petition

 

271.220     Filingof objections; waiver

 

271.230     Recordsof vacations; fees

 

TRANSFER,LEASE, DONATION OR USE OF PUBLIC LANDS

 

271.300     Applicationand administration of ORS 271.300 to 271.360; rules

 

271.310     Transferor lease of real property owned or controlled by political subdivision;procedure in case of qualified title

 

271.320     Exchangeof trust fund assets

 

271.330     Relinquishingtitle of property not needed for public use

 

271.335     Relinquishingreversionary interest held by political subdivision

 

271.340     Propertyvaluation in exchange to be equal

 

271.350     Determiningvaluation of property in exchanges

 

271.360     Leaserequirements

 

271.375     Publicgrazing lands; sale; lease or exchange

 

271.380     Indemnifyingpolitical subdivision for loss or damage resulting from occupancy of itsproperty

 

271.390     Leaseor purchase of real estate by public body or council of governments; financingagreement

 

271.400     Conveyancesby political subdivision to state

 

271.405     Transferof property by city or town to county for public institutions and works

 

271.410     Useof municipal property for rodeos, games, racing and exhibitions

 

271.420     Citybonds as payment for land sold by city

 

271.430     Leaseof space above or below street or highway; effect on prior dedication or grantfor public purpose

 

271.440     Agreementsfor location of transmission lines on property of political subdivision

 

271.445     Installationof fiber-optic lines on public land and in public right of way

 

ACQUISITIONAND DISPOSITION OF INDUSTRIAL FACILITIES

 

271.510     Definitionof “industrial facility” for ORS 271.510 to 271.540

 

271.520     Declarationof legislative purpose

 

271.530     Powersof counties and cities to acquire and dispose of industrial facilities

 

271.540     Countyor city operation of industrial facility; exception

 

MISCELLANEOUSPROVISIONS

 

271.600     Useof term “squaw”; exceptions

 

CONSERVATIONAND HIGHWAY SCENIC PRESERVATION EASEMENTS

 

271.715     Definitionsfor ORS 271.715 to 271.795

 

271.725     Acquisitionand creation of conservation or highway scenic preservation easement

 

271.729     Reporton effect of conservation or highway scenic preservation easement on propertyvalue; fee

 

271.735     Hearing;notice

 

271.745     Validityof conservation or highway scenic preservation easement

 

271.755     Actionaffecting conservation or highway scenic preservation easement; standing tobring action

 

271.765     Applicability

 

271.775     Rulesgoverning conservation and highway scenic preservation easements

 

271.785     Taxationof property subject to highway scenic preservation easement

 

271.795     Constructionof Act

 

GENERALPROVISIONS

 

      271.005Definitions for ORS 271.005 to 271.540. As used in ORS 271.005 to 271.540:

      (1)“Governing body” means the board or body in which the general legislative powerof a political subdivision is vested.

      (2)“Governmental body” means the State of Oregon, a political subdivision, theUnited States of America or an agency thereof.

      (3)“Political subdivision” means any local government unit, including, but notlimited to, a county, city, town, port, dock commission or district, thatexists under the laws of Oregon and has power to levy and collect taxes. [1981c.787 §2]

 

      271.010 [Amended by1965 c.25 §1; 1971 c.287 §1; repealed by 1981 c.153 §79]

 

      271.020 [Amended by1953 c.283 §3; 1977 c.275 §1; repealed by 1981 c.153 §79]

 

      271.030 [Amended by1953 c.283 §3; repealed by 1981 c.153 §79]

 

      271.040 [Repealed by 1981c.153 §79]

 

      271.050 [Repealed by1981 c.153 §79]

 

      271.060 [Repealed by1981 c.153 §79]

 

      271.070 [Repealed by1981 c.153 §79]

 

VACATION

 

      271.080Vacation in incorporated cities; petition; consent of property owners. (1) Wheneverany person interested in any real property in an incorporated city in thisstate desires to vacate all or part of any street, avenue, boulevard, alley,plat, public square or other public place, such person may file a petitiontherefor setting forth a description of the ground proposed to be vacated, thepurpose for which the ground is proposed to be used and the reason for suchvacation.

      (2)There shall be appended to such petition, as a part thereof and as a basis forgranting the same, the consent of the owners of all abutting property and ofnot less than two-thirds in area of the real property affected thereby. Thereal property affected thereby shall be deemed to be the land lying on eitherside of the street or portion thereof proposed to be vacated and extendinglaterally to the next street that serves as a parallel street, but in any casenot to exceed 200 feet, and the land for a like lateral distance on either sideof the street for 400 feet along its course beyond each terminus of the partproposed to be vacated. Where a street is proposed to be vacated to itstermini, the land embraced in an extension of the street for a distance of 400feet beyond each terminus shall also be counted. In the vacation of any plat orpart thereof the consent of the owner or owners of two-thirds in area of theproperty embraced within such plat or part thereof proposed to be vacated shallbe sufficient, except where such vacation embraces street area, when, as tosuch street area the above requirements shall also apply. The consent of theowners of the required amount of property shall be in writing. [Amended by 1999c.866 §2]

 

      271.090Filing of petition; notice. The petition shall be presented to the cityrecorder or other recording officer of the city. If found by the recorder to besufficient, the recorder shall file it and inform at least one of thepetitioners when the petition will come before the city governing body. Afailure to give such information shall not be in any respect a lack ofjurisdiction for the governing body to proceed on the petition.

 

      271.100Action by city governing body. The city governing body may deny thepetition after notice to the petitioners of such proposed action, but if thereappears to be no reason why the petition should not be allowed in whole or in part,the governing body shall fix a time for a formal hearing upon the petition.

 

      271.110Notice of hearing.(1) The city recorder or other recording officer of the city shall give noticeof the petition and hearing by publishing a notice in the city officialnewspaper once each week for two consecutive weeks prior to the hearing. If nonewspaper is published in such city, written notice of the petition and hearingshall be posted in three of the most public places in the city. The noticesshall describe the ground covered by the petition, give the date it was filed,the name of at least one of the petitioners and the date when the petition, andany objection or remonstrance, which may be made in writing and filed with therecording officer of the city prior to the time of hearing, will be heard andconsidered.

      (2)Within five days after the first day of publication of the notice, the cityrecording officer shall cause to be posted at or near each end of the proposedvacation a copy of the notice, which shall be headed, “Notice of StreetVacation,” “Notice of Plat Vacation” or “Notice of Plat and Street Vacation,”as the case may be. The notice shall be posted in at least two conspicuousplaces in the proposed vacation area. The posting and first day of publicationof such notice shall be at least 14 days before the hearing.

      (3)The city recording officer shall, before publishing such notice, obtain fromthe petitioners a sum sufficient to cover the cost of publication, posting andother anticipated expenses. The city recording officer shall hold the sum soobtained until the actual cost has been ascertained, when the amount of thecost shall be paid into the city treasury and any surplus refunded to thedepositor. [Amended by 1991 c.629 §1; 2005 c.22 §196]

 

      271.120Hearing; determination. At the time fixed by the governing body for hearingthe petition and any objections filed thereto or at any postponement orcontinuance of such matter, the governing body shall hear the petition andobjections and shall determine whether the consent of the owners of therequisite area has been obtained, whether notice has been duly given andwhether the public interest will be prejudiced by the vacation of such plat orstreet or parts thereof. If such matters are determined in favor of thepetition the governing body shall by ordinance make such determination a matterof record and vacate such plat or street; otherwise it shall deny the petition.The governing body may, upon hearing, grant the petition in part and deny it inpart, and make such reservations, or either, as appear to be for the publicinterest.

 

      271.130Vacation on city governing body’s own motion; appeal. (1) The citygoverning body may initiate vacation proceedings authorized by ORS 271.080 andmake such vacation without a petition or consent of property owners. Noticeshall be given as provided by ORS 271.110, but such vacation shall not be madebefore the date set for hearing, nor if the owners of a majority of the areaaffected, computed on the basis provided in ORS 271.080, object in writingthereto, nor shall any street area be vacated without the consent of the ownersof the abutting property if the vacation will substantially affect the marketvalue of such property, unless the city governing body provides for payingdamages. Provision for paying such damages may be made by a local assessment,or in such other manner as the city charter may provide.

      (2)Two or more streets, alleys, avenues and boulevards, or parts thereof, may bejoined in one proceeding, provided they intersect or are adjacent and parallelto each other.

      (3)No ordinance for the vacation of all or part of a plat shall be passed by thegoverning body until the city recording officer has filed in the office of thecity recording officer or indorsed on the petition for such vacation acertificate showing that all city liens and all taxes have been paid on thelands covered by the plat or portion thereof to be vacated.

      (4)Any property owner affected by the order of vacation or the order awardingdamages or benefits in such vacation proceedings may appeal to the circuitcourt of the county where such city is situated in the manner provided by thecity charter. If the charter does not provide for such appeal, the appeal shallbe taken within the time and in substantially the manner provided for taking anappeal from justice court in civil cases. [Amended by 1995 c.658 §101]

 

      271.140Title to vacated areas. The title to the street or other public areavacated shall attach to the lands bordering on such area in equal portions;except that where the area has been originally dedicated by different personsand the fee title to such area has not been otherwise disposed of, originalboundary lines shall be adhered to and the street area which lies on each sideof such boundary line shall attach to the abutting property on such side. If apublic square is vacated the title thereto shall vest in the city. [Amended by1981 c.153 §58]

 

      271.150Vacation records to be filed; costs. A certified copy of the ordinancevacating any street or plat area and any map, plat or other record in regardthereto which may be required or provided for by law, shall be filed for recordwith the county clerk. The petitioner for such vacation shall bear therecording cost and the cost of preparing and filing the certified copy of theordinance and map. A certified copy of any such ordinance shall be filed withthe county assessor and county surveyor.

 

      271.160Vacations for purposes of rededication. No street shall be vacated upon thepetition of any person when it is proposed to replat or rededicate all or partof any street in lieu of the original unless such petition is accompanied by aplat showing the proposed manner of replatting or rededicating. If the proposedmanner of replatting or rededicating or any modification thereof which maysubsequently be made meets with the approval of the city governing body, itshall require a suitable guarantee to be given for the carrying out of suchreplatting or rededication or may make any vacation conditional or to takeeffect only upon the consummation of such replatting or rededication.

 

      271.170Nature and operation of statutes. The provisions of ORS 271.080 to271.160 are alternative to the provisions of the charter of any incorporatedcity and nothing contained in those statutes shall in anywise affect or impairthe charter or other provisions of such cities for the preservation of publicaccess to and from transportation terminals and navigable waters.

 

      271.180Vacations in municipalities included in port districts; petition; power ofcommon council; vacating street along railroad easement. To the end thatadequate facilities for terminal trackage, structures and the instrumentalitiesof commerce and transportation may be provided in cities and towns locatedwithin or forming a part of any port district organized as a municipalcorporation in this state, the governing body of such cities and towns, uponthe petition of any such port, or corporation empowered to own or operate a railroad,steamship or other transportation terminal, or railroad company entering oroperating within such city or town, or owner of property abutting any suchterminal, may:

      (1)Authorize any port commission, dock commission, common carrier, railroad companyor terminal company to occupy, by any structure, trackage or machineryfacilitating or necessary to travel, transportation or distribution, any streetor public property, or parts thereof, within such city or town, upon suchreasonable terms and conditions as the city or town may impose.

      (2)Vacate the whole or any part of any street, alley, common or public place, withsuch restrictions and upon such conditions as the city governing body may deemreasonable and for the public good.

      (3)If any railroad company owns or has an exclusive easement upon a definite stripwithin or along any public street, alley, common or public place, and if thecity governing body determines such action to be to the advantage of thepublic, vacate the street area between the strip so occupied by the railroadcompany and one property line opposite thereto, condition that the railroadcompany dedicates for street purposes such portion of such exclusive stripoccupied by it as the city governing body may determine upon, and moves itstracks and facilities therefrom onto the street area so vacated. The right andtitle of the railroad company in the vacated area shall be of the samecharacter as previously owned by it in the exclusive strip which it is requiredby the city governing body to surrender and dedicate to street purposes.

 

      271.190Consent of owners of adjoining property; other required approval. No vacation ofall or part of a street, alley, common or public place shall take place underORS 271.180 unless the consent of the persons owning the property immediatelyadjoining that part of the street or alley to be vacated is obtained thereto inwriting and filed with the auditor or clerk of the city or town. No vacationshall be made of any street, alley, public place or part thereof, if within5,000 feet of the harbor or pierhead line of the port, unless the portcommission, or other bodies having jurisdiction over docks and wharves in theport district involved, approves the proposed vacat