74th OREGON LEGISLATIVE ASSEMBLY--2007 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 696
 
                         Senate Bill 309
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary for Oregon State Bar Real Estate and Land Use
  Section)
 
 
                             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.
 
  Modifies process by which title to public property vacated by
city is vested.
 
                        A BILL FOR AN ACT
Relating to vacation of public property; creating new provisions;
  amending ORS 92.234 and 271.170; and repealing ORS 271.140.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2007 Act is added to and made
a part of ORS 271.080 to 271.170. + }
  SECTION 2.  { + (1) When the governing body of a city vacates
public property under ORS 271.080 to 271.170, the vacated
property vests as follows:
  (a) If the city holds fee title to the vacated property, the
property vests in the city.
  (b) If the vacated property is a public square, the property
vests in the city.
  (c) Unless the vacated property is described in paragraph (a)
or (b) of this subsection, the property vests in the rightful
owner holding title according to law.
  (d) Unless the vacated property is described in paragraphs (a)
to (c) of this subsection, the property vests in the owner of the
land abutting the vacated property by extension of the owner's
abutting property boundaries to the center of the vacated
property.
  (2) Notwithstanding subsection (1) of this section, the
governing body of a city may determine the vesting of property
vacated under ORS 271.080 to 271.170 in the ordinance that
vacates the property. + }
  SECTION 3. ORS 271.170 is amended to read:
  271.170. The provisions of ORS 271.080 to   { - 271.160 - }
 { + 271.170 + } are alternative to the provisions of the charter
of   { - any - }   { + an + } incorporated city and nothing
contained in those statutes   { - shall in anywise affect or
impair - }   { + affects or impairs + } the charter or other
provisions of   { - such cities - }   { + the city + } for the
 
preservation of public access to and from transportation
terminals and navigable waters.
  SECTION 4. ORS 92.234 is amended to read:
  92.234. (1) Following a hearing conducted as required under ORS
92.225 (4), the agency or body conducting the hearing may:
  (a) Require the revision of a subdivision and a replat of the
subdivision as it considers necessary, if it finds that the
subdivision may be revised to comply with the comprehensive plan,
zoning ordinances and regulations and other modern subdivision
control standards not in existence when the subdivision was
initially approved; or
  (b) Initiate proceedings, as provided in subsection (3) of this
section, for vacation of the subdivision, if it finds that the
subdivision cannot be revised in accordance with the
comprehensive plan, zoning ordinances and regulations and other
modern subdivision control standards not in existence when the
subdivision was initially approved.
  (2) If an agency or body requires the revision and replat of a
subdivision under subsection (1)(a) of this section, it shall
approve the subdivision only upon the completion of the revisions
as required by it and the replat of the subdivision as provided
in ORS 92.180 to 92.190.
  (3) If the agency or body determines that it is necessary to
vacate a subdivision, the agency or body shall adopt an
ordinance { + , order or resolution + } vacating the subdivision
and providing for the vacation of lands within the subdivision
that have been dedicated for public use. Title to lands within a
vacated subdivision shall vest as provided in ORS   { - 271.140
and - }  368.366 { +  and section 2 of this 2007 Act + }. Any
owner of lands described in the plat of the vacated subdivision
who is aggrieved by the action of the agency or body in vacating
the subdivision may appeal such action in the manner provided in
ORS 34.010 to 34.100. The ordinance { + , order or resolution + }
adopted by the agency or body for the vacation of the subdivision
and the lands therein dedicated to public use shall be filed with
the county recording officer as provided in ORS 271.150  { +  or
368.356 + }.
  (4) Nothing in ORS 92.205 to 92.245 shall prevent the owner of
any lands within an undeveloped subdivision from seeking vacation
of such subdivision under city or county vacation procedures and,
if such vacation proceedings are commenced after the date of the
notice of review of the subdivision by the agency or body, the
review proceeding shall be suspended during such vacation
proceedings. If the subdivision is vacated at the initiation of
an owner, the review proceedings under ORS 92.205 to 92.245 shall
be discontinued; but, if the subdivision is not vacated at the
request of an owner, the review proceedings under ORS 92.205 to
92.245 shall be resumed at the termination of the proceedings
brought by an owner of lands in the subdivision.
  SECTION 5.  { + ORS 271.140 is repealed. + }
  SECTION 6.  { + Section 2 of this 2007 Act applies to property
vacated pursuant to an ordinance adopted on or after the
effective date of this 2007 Act. + }
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