Oregon Law
Law as of Jan 1, 2026
Chapter contents
368.001Definitions 368.005[Amended by 1971 c.135 §1; repealed by 1981 c.153 §79] 368.010[Amended by 1963 c.501 §1; repealed by 1981 c.153 §79] 368.011County authority to supersede statutes; limitations 368.016County authority over roads; limitations 368.021County authority over trails 368.026Withdrawal of county road status; report; notice; hearing 368.031County jurisdiction over local access roads 368.036Standards for county roads and road work 368.039Road standards adopted by local government supersede standards in fire codes; consultation with fire agencies 368.041Widths of county roads; maintenance of designated roads as county roads 368.046Employment of county road official; duties 368.051Accounting for county road work 368.055[Amended by 1963 c.519 §36; repealed by 1981 c.153 §79] 368.056Permit for gate construction on public road 368.060[Repealed by 1981 c.153 §79] 368.062Transferring road within city to county jurisdiction 368.065[Repealed by 1981 c.153 §79] 368.070[Repealed by 1981 c.153 §79] 368.073Initiation of proceedings to acquire property for road purposes 368.075[Repealed by 1975 c.774 §3 (368.076 enacted in lieu of 368.075)] 368.076[1975 c.774 §4 (enacted in lieu of 368.075); repealed by 1981 c.153 §79] 368.080[Repealed by 1981 c.153 §79] 368.081Requirements for petition to initiate road proceedings; fees 368.085[Repealed by 1981 c.153 §79] 368.086Road proceedings; hearing; notice 368.090[Repealed by 1981 c.153 §79] 368.091Owners’ rights to terminate road proceedings 368.095[Amended by 1969 c.518 §1; 1971 c.121 §1; repealed by 1981 c.153 §79] 368.096Alternative methods to acquire property for roads 368.100[Repealed by 1981 c.153 §79] 368.101Authority to change road proceedings; limitation 368.105[Repealed by 1981 c.153 §79] 368.106Records and survey of property acquired for road 368.110[Amended by 1973 c.518 §1; repealed by 1981 c.153 §79] 368.111Assessment of costs and damages from road proceedings 368.115[Amended by 1973 c.518 §2; repealed by 1981 c.153 §79] 368.116Acquisition of railroad right of way 368.120[Amended by 1973 c.518 §3; repealed by 1981 c.153 §79] 368.121Financial assistance to persons displaced by county road acquisition; rules 368.125[Repealed by 1981 c.153 §79] 368.126Order establishing new road along existing road to identify parts of existing road to be vacated 368.130[Repealed by 1981 c.153 §79] 368.131Right of way over United States public lands 368.132[1973 c.518 §6; repealed by 1981 c.153 §79] 368.135[Repealed by 1981 c.153 §79] 368.140[Repealed by 1981 c.153 §79] 368.150[1971 c.121 §2; 1981 c.153 §64; renumbered 368.051] 368.161Use of road viewers to establish road 368.166Road viewer report; hearing; notice 368.171Order, costs and damages under proceeding with road viewers 368.201Basis for legalization of road 368.205[Amended by 1975 c.774 §1; 1977 c.338 §1; repealed by 1981 c.153 §79] 368.206Proceedings for legalization of roads; report; notice 368.210[Repealed by 1981 c.153 §79] 368.211Compensation for property affected by road legalization 368.215[Repealed by 1981 c.153 §79] 368.216Order under road legalization proceeding 368.218[1975 c.774 §2; repealed by 1981 c.153 §79] 368.220[Repealed by 1975 c.771 §33] 368.221Legalization of road of substandard width 368.225[Repealed by 1975 c.771 §33] 368.230[Amended by 1971 c.659 §4; repealed by 1975 c.771 §33] 368.235[Amended by 1965 c.10 §1; repealed by 1975 c.771 §33] 368.240[Repealed by 1975 c.771 §33] 368.245[Amended by 1969 c.423 §3; repealed by 1975 c.771 §33] 368.250[Repealed by 1975 c.771 §33] 368.251Obstruction of road drains prohibited 368.255[Repealed by 1975 c.771 §33] 368.256Creation of road hazard prohibited 368.260[Repealed by 1981 c.153 §79] 368.261Order to abate road hazard 368.265[Repealed by 1981 c.153 §79] 368.266Hearing on abatement of road hazard; notice 368.270[Repealed by 1981 c.153 §79] 368.271Abatement of road hazard by county 368.275[Repealed by 1981 c.153 §79] 368.276Hearing, notice and costs when county abates road hazard 368.280[Repealed by 1981 c.153 §79] 368.281County recovery of costs for road hazard abatement; lien 368.285[Repealed by 1981 c.153 §79] 368.290[Amended by 1981 c.153 §65; renumbered 368.116] 368.295[Amended by 1955 c.247 §1; repealed by 1981 c.153 §79] 368.300[Repealed by 1981 c.153 §79] 368.305[Repealed by 1981 c.153 §79] 368.310[1969 c.296 §2; renumbered 368.121] 368.326Purpose of vacation procedures; limitation 368.331Limitation on use of vacation proceedings that would eliminate access 368.336Abutting owners in vacation proceedings 368.341Initiation of vacation proceedings; requirements for resolution or petition; fees 368.346Report, notice and hearing for vacation proceedings 368.351Vacation without hearing 368.356Order and costs in vacation proceedings 368.361Intergovernmental vacation proceedings 368.366Vesting of vacated property 368.401General notice provisions 368.405[Repealed by 1981 c.153 §79] 368.406Notice by service 368.410[Repealed by 1981 c.153 §79] 368.411Notice by posting 368.415[Amended by 1953 c.229 §2; 1971 c.427 §1; 1981 c.153 §66; renumbered 368.041] 368.416Notice by publication 368.420[Repealed by 1981 c.153 §79] 368.421Record of notice 368.425[Repealed by 1981 c.153 §79] 368.426Contents of notice 368.430[Repealed by 1981 c.153 §79] 368.435[Repealed by 1981 c.153 §79] 368.440[Repealed by 1981 c.153 §79] 368.445[Repealed by 1981 c.153 §79] 368.450[Repealed by 1981 c.153 §79] 368.455[Repealed by 1981 c.153 §79] 368.460[Repealed by 1981 c.153 §79] 368.465[Repealed by 1981 c.153 §79] 368.470[Repealed by 1981 c.153 §79] 368.475[Repealed by 1981 c.153 §79] 368.480[Repealed by 1981 c.153 §79] 368.485[Amended by 1971 c.135 §2; repealed by 1981 c.153 §79] 368.490[Repealed by 1981 c.153 §79] 368.495[Repealed by 1981 c.153 §79] 368.500[Repealed by 1981 c.153 §79] 368.505[Repealed by 1981 c.153 §79] 368.510[Repealed by 1981 c.153 §79] 368.515[Repealed by 1981 c.153 §79] 368.520[Repealed by 1981 c.153 §79] 368.525[Repealed by 1981 c.153 §79] 368.530[Repealed by 1981 c.153 §79] 368.535[Repealed by 1981 c.153 §79] 368.540[Amended by 1981 c.153 §67; renumbered 368.126] 368.545[Repealed by 1961 c.556 §3] 368.546[1961 c.556 §1; repealed by 1981 c.153 §79] 368.550[Repealed by 1961 c.556 §3] 368.551[1961 c.556 §2; 1973 c.244 §1; repealed by 1981 c.153 §79] 368.555[Amended by 1967 c.256 §1; 1981 c.153 §68; renumbered 368.131] 368.560[Repealed by 1981 c.153 §79] 368.565[Amended by 1971 c.287 §2; repealed by 1981 c.153 §79] 368.570[Repealed by 1981 c.153 §79] 368.575[Amended by 1977 c.275 §2; repealed by 1981 c.153 §79] 368.580[Amended by 1963 c.501 §2; repealed by 1981 c.153 §79] 368.582[1963 c.501 §§3,4; repealed by 1981 c.153 §79] 368.585[Repealed by 1981 c.153 §79] 368.590[Repealed by 1981 c.153 §79] 368.595[Repealed by 1981 c.153 §79] 368.600[Amended by 1971 c.741 §35; 1979 c.873 §4; repealed by 1981 c.153 §79] 368.605[Repealed by 1981 c.153 §79] 368.610[Repealed by 1981 c.153 §79] 368.615[Amended by 1957 c.12 §1; repealed by 1981 c.153 §79] 368.620[Amended by 1957 c.575 §1; repealed by 1981 c.153 §79] 368.705County road fund; use of fund 368.706Expending road fund moneys of certain counties for patrolling 368.707[1967 c.203 §3; 1999 c.21 §74; repealed by 2007 c.679 §5] 368.708Interfund loan of county road fund moneys for patrolling 368.709Loaning of road fund money by certain counties to other counties and districts; budgeting; disclosure 368.710Apportionment of certain local option taxes; compression 368.715Using county funds for noncounty roads during emergency 368.717County borrowing of money from county general road fund 368.720Using road funds outside of county 368.722Expenditure of general road fund on city streets and bridges 368.725[Repealed by 1981 c.153 §79] 368.730[Repealed by 1953 c.158 §4] 368.735[Repealed by 1953 c.158 §4] 368.740[Repealed by 1953 c.158 §4] 368.805[Repealed by 1981 c.153 §79] 368.810[Repealed by 1981 c.153 §79] 368.815[Repealed by 1981 c.153 §79] 368.820[Repealed by 1967 c.454 §119] 368.905[Repealed by 1981 c.153 §79] 368.910Owner to repair sidewalks and curbs along road; county may repair if owner fails 368.915Payment and reimbursement when county makes repairs 368.920Expense of repairs as lien on abutting property 368.925Delinquency in paying assessment for repairs; execution sale 368.930[Amended by 1973 c.518 §4; repealed by 1981 c.153 §79] 368.935[Repealed by 1965 c.500 §2] 368.940[1965 c.500 §1; repealed by 1969 c.429 §6] 368.942Posting notices, signs or pictures on structures within county road right of way prohibited 368.945Authority of county road official to remove unlawfully posted matter 368.950Applicability of ORS 368.942 and 368.945 368.955Posting notices, signs or pictures within view of county road on property of another without consent prohibited 368.960Authority of property owner to remove unlawfully posted matter 368.990Penalties

Chapter 368 — County Roads

ORS 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.

NOTICE

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Earlier statutory text is available in an ingested published ORS edition.