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 (ORS 368.620)

 

      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

 

      368.717

(formerly 294.050)

 

NOTES OF DECISIONS

 

      This section did not prohibit loan from county general road fund for purposes other than supplementation of depleted election accounts. State ex rel Weinstein v. Lane County, 71 Or App 238, 692 P2d 135 (1984)