Chapter 271

271.120

NOTES OF DECISIONS

This section requires that, if matters therein are determined in favor of petition, governing body lacks discretionary powers and shall vacate streets. Parks v. Watson, 716 F2d 646 (1983)

271.130

NOTES OF DECISIONS

Time to appeal from vacation order under this section where city charter does not provide appeal method does not begin to run until order is “filed for record” with county clerk as required by ORS 271.150. Thompson v. City of St. Helens, 76 Or App 440, 709 P2d 748 (1985)

Where city charter does not contain provision for appealing city street vacation order, property owner must appeal to circuit court in manner for taking appeal from justice’s or district court in civil case under ORS 53.020 and 53.030. Davis v. City of Eugene, 122 Or App 213, 857 P2d 201 (1993), Sup Ct review denied

Governing body of city may not claim vacation is invalid for failure to meet alternative process for vacation if governing body follows process under this section. West Linn Corporate Park, L.L.C. v. City of West Linn, 349 Or 58, 240 P3d 29 (2010)

271.140

NOTES OF DECISIONS

Under this section, where trust deed for property on both sides of street conveys to trustee all rights in property, trust deed lien attaches to street when street is vacated and provision that title to vacated street attaches to land bordering it passes title as future interest in trust deed. Umpqua Savings and Loan v. Security Bank of Coos Co., 71 Or App 555, 693 P2d 57 (1984)

271.310

NOTES OF DECISIONS

City council’s decision to sell publicly owned property pursuant to this section was legislative, as it did not entail an adjudicatory application of pre-existing criteria to concrete facts and therefore was not judicially reviewable by writ of review. Lane v. City of Prineville, 49 Or App 385, 619 P2d 940 (1980)

ATTY. GEN. OPINIONS: Power of school district to except right to use services as partial consideration for sale of school district property, (1979) Vol 39, p 707

271.330

ATTY. GEN. OPINIONS: Authority of city to grant balance of its special port fund to newly formed port district, (1979) Vol 39, p 757

271.710 to 271.750

ATTY. GEN. OPINIONS: Willamette River Greenway law as a specific separate scheme, (1974) Vol 36, p 1060

271.715 to 271.795

LAW REVIEW CITATIONS: 14 EL 557 (1984)

271.720

See annotations under ORS 271.725.

271.725

NOTES OF DECISIONS

In general

Zoning limitations that do not require land to be left in natural state do not constitute taking of conservation easement on property. Dodd v. Hood River County, 317 Or 172, 855 P2d 608 (1993)

ATTY. GEN. OPINIONS

Under former similar statute (ORS 271.720)

Willamette River Greenway law as a specific separate scheme, (1974) Vol 36, p 1060

LAW REVIEW CITATIONS

In general

34 EL 247 (2004)

271.785

LAW REVIEW CITATIONS: 34 EL 247 (2004)