What process does Multnomah County follow for the vacation of a public road under County jurisdiction?
A request for a preliminary feasibility study for possible vacation of a County road shall require a non-refundable fee of $200.00. Each filing of a county road vacation application shall be accompanied by a deposit of 120% of estimated costs based on the estimated hours or parts required to investigate and process the petition. The minimum fee shall be $1,000.00 plus an additional $65.00 for the County Surveyor to post the street vacation as required by ORS 271.230 (2).
This does not include any recording fee collected by the County Clerk.
The final fee will be determined at completion of the project based on actual costs incurred by Multnomah County including overhead and other related costs. The difference between actual costs and the deposit, for deposits exceeding $1,000.00 will be billed or refunded to the applicant.
An approved public road vacation will not be recorded until any additional amounts are paid.
Multnomah County Code Section 5.10.225
After a successful preliminary feasibility study for the possibility of vacating a particular public road, a formal request may be submitted to Multnomah County from an abutting property owner or title holder of property to be vacated which, pursuant to ORS 368.341, includes:
- Legal description of the property proposed to be vacated, including easements.
- Statement of reasons to vacate.
- Names and addresses of all persons holding any recorded interest in the property to be vacated.
- Names and addresses of all persons owning any improvements constructed on public property proposed to be vacated (Includes written response from utility companies stating existence of utility and any easement requirements if utility exists).
- Names and addresses of all persons owning real property abutting public property proposed to be vacated.
- Signatures, acknowledged by a person authorized to take acknowledgements of deed, (Assessor's office) of either owners of 60 percent of the land abutting the property proposed to be vacated or 60 percent of the owners of land.
- If the petition is for the vacation of property that will be redivided in any manner, a subdivision plan or partitioning plan showing the proposed redivision.
- A deposit of 120% of estimated costs, $1,065.00 minimum.
IF THE PETITION IS UNCONTESTED (100% of the abutting property owners agree) AND the County Engineer finds the proposal to be in the public interest:
Under ORS 368.351, vacation without a hearing is possible, and a Resolution may be presented to the Board of County Commissioners for approval. If the property is multi-jurisdictional, the County findings may be concurred with by Order or Resolution from the other jurisdictions council.
IF THE PETITION IS CONTESTED, but the owners of 60% of the abutting land, or 60% of the abutting land owners signatures have been acknowledged, AND the County Engineer finds the proposal to be in the public interest, a Resolution to Initiate Proceedings may be brought before the Board of County Commissioners for approval. At this time a public hearing date will be set.
IF A HEARING IS REQUIRED, Posting and Publication is necessary. The County Engineer prepares a formal assessment to be read at the hearing - FINAL RESOLUTION may be approved at this time. If multi-jurisdictional, vacation may become effective at the time the other jurisdiction concurs, through Resolution or Order, with the County's findings.