Chapter 368

368.116

NOTES OF DECISIONS

Former similar statute precludes county’s claim to have acquired public easement across Railroad’s right of way for highway use, whether vehicular or pedestrian. Multnomah County v. Union Pacific R.R., 297 Or 341, 685 P2d 988 (1984)

368.126

See also annotations under ORS 368.540 in permanent edition.

ATTY. GEN. OPINIONS: Use of county road funds for snow removal except on county roads, (1971) Vol 35, p 1015

368.201

NOTES OF DECISIONS

Preexisting county road is not prerequisite to county governing body initiating legalization process. Shotgun Creek Ranch, LLC v. Crook County, 219 Or App 375, 182 P3d 312 (2008), Sup Ct review denied

368.326 to 368.366

NOTES OF DECISIONS

Under former similar statute

Statutory vacation is intended as exclusive means of extinguishing duly established public road, so common law abandonment is not available. Martin v. Klamath County, 39 Or App 455, 592 P2d 1037 (1979), Sup Ct review denied

368.331

NOTES OF DECISIONS

Words “of access” do not modify “property right,” therefore any recorded right in affected property triggers owner-consent requirement. Pacific Western Co. v. Lincoln County, 166 Or App 484, 998 P2d 798 (2000)

Owner-consent requirement applies regardless of whether property to which recorded right pertains was legally created. Pacific Western Co. v. Lincoln County, 166 Or App 484, 998 P2d 798 (2000)

368.346

NOTES OF DECISIONS

County did not meet requirements of ORS 368.351 for dispensing with this section’s meeting and notice requirements for street vacations where road official’s recommendation was subject to contingency and where petitioner was in process of acquiring but did not have title to land abutting street at time it petitioned. Harding v. Clackamas County, 89 Or App 385, 750 P2d 167 (1988)

368.351

NOTES OF DECISIONS

County did not meet requirements of this section for dispensing with ORS 368.346 meeting and notice requirements for street vacations where road official’s recommendation was subject to contingency and where petitioner was in process of acquiring but did not have title to land abutting street at time it petitioned. Harding v. Clackamas County, 89 Or App 385, 750 P2d 167 (1988)

368.620

See annotations under ORS 368.326 to 368.366.

368.705

ATTY. GEN. OPINIONS: Use of county road funds for snow removal except on county roads, (1971) Vol 35, p 1015

368.715

ATTY. GEN. OPINIONS: Use of county road funds for snow removal except on county roads, (1971) Vol 35, p 1015