Chapter 271 —Use and Disposition of Public Lands Generally; Easements
USEOF PUBLIC LANDS; EASEMENTS
271.005 Definitionsfor ORS 271.005 to 271.540
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
271.130 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
271.210 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
271.375 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
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
271.745 Validityof conservation or highway scenic preservation easement
271.755 Actionaffecting conservation or highway scenic preservation easement; standing tobring action
271.775 Rulesgoverning conservation and highway scenic preservation easements
271.785 Taxationof property subject to highway scenic preservation easement
271.795 Constructionof Act
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]
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