FAQs: Frequently Asked Questions

Does a road vacation require a public hearing?

Generally, yes. The exception is when a petition for vacation indicates the approval of 100% of the property owners owning land abutting the road proposed to be vacated.

What are the filing fees to be paid?

There is a non-refundable fee of $1,284 to begin the process of vacating a road.  Additionally, if the vacation action is approved by the Board there is a recording fee in the amount of $154 and the possibility of a Surveyor fee of $450 if the vacation action is affecting platted land.  NOTE: Fees are subject to change during the annual fee update process.

What are the steps in vacating a road?

Once a valid petition requesting the vacation has been received and the filing fee paid, the county road official prepares a written report on whether the vacation would be in the public interest. Once the report is received, a time and place for a hearing is established and notice is given of the hearing. New or controversial information may be presented to the Board before or during the hearing. More details on road vacation procedures are found in Oregon Revised Statutes 368.326 to 368.366. Ultimately it is the Board of Commissioners who will approve or deny the vacation of a public road.

When does a vacation take effect?

Upon recording with the County Clerk when the Board order becomes final. This will generally be 60 days after the Board votes on the vacation, unless the ordinance includes an emergency clause, which would specify a shorter time.

Who gets the vacated property?

The vacated property usually reverts to the abutting owners up to the center of the road. However, depending on how the road is owned or how the vacation is requested, title to the land may go separately from abutting ownerships. The Board could also order a different reversion of the property based on information brought forth at the public hearing or in the petition.

Who vacates a road?

The vacated property usually reverts to the abutting owners up to the center of the road. However, depending on how the road is owned or how the vacation is requested, title to the land may go separately from abutting ownership. The Board could also order a different reversion of the property based on information brought forth at the public hearing or in the petition.