71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 4029
 
                         House Bill 3663
 
Sponsored by Representative BROWN (at the request of Lincoln
  County)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Authorizes automatic vacation of public rights of way when
governing body of county approves subdivision plat with
inconsistent new rights of way. Requires roads over vacated
rights of way to remain open to public use until roads laid out
in subdivision are open to travel. Applies to subdivision plats
recorded prior to April 2, 1979.
 
                        A BILL FOR AN ACT
Relating to public road rights of way; amending ORS 368.126.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 368.126 is amended to read:
  368.126.  { + (1) + } When a county governing body establishes
a new public road following the general alignment of an existing
public road, the final order or resolution shall identify all
parts of any existing road that are to be vacated. Vacation of
those parts described is effective without any other proceedings.
A road   { - so - } vacated   { - shall - }  { +  under this
subsection may + } not be closed to public use until the road
laid out to replace it is actually opened to travel.
   { +  (2)(a) When a county governing body approves a
subdivision plat that dedicates public road rights of way and the
platted rights of way are inconsistent with existing county road
rights of way, approval of the subdivision plat by the governing
body operates to vacate those portions of the existing county
rights of way that have been platted over by subdivision lots.
Vacation of the existing county rights of way is effective
without any other proceeding. A road vacated under this
subsection may not be closed to public use until the roads laid
out in the subdivision are open to travel.
  (b) This subsection applies to subdivision plats recorded prior
to April 2, 1979. + }
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