Information and Instructions for Vacation of Public Right-of-Way
What is right-of-way vacation?
A vacation is a legal abandonment or reduction in size and/or status of a public right-of-way (including a County Road) or any parts thereof or any public property under the jurisdiction of the County Commissioners.
Who can initiate a vacation?
You have the right to request a vacation if the road or right-of-way is on or abuts your property by filing the proper petitions, forms, and fees with Marion County. Why would the County vacate a road right-of-way?
The County would vacate a right-of-way if it was determined to be in excess of the public's present and future needs.
Why might the County not vacate a road?
The County cannot vacate any right-of-way within a city or if the vacation denies access to any property owner. The County would not vacate a right-of-way if it were needed in the present or future.
Where can I obtain more information?
You may contact the Marion County Department of Public Works at:
Marion County Department of Public Works
5155 Silverton Road NE
Salem, Oregon 97305
Ph. (503) 588-5155
FAX (503) 588-7970
E-MAIL
MarionCountySurveyor@co.marion.or.us
Procedure for a Road Vacation
Contact the Marion County Surveyor's Office
- Submit a map depicting the area proposed for vacation along with a brief explanation of the reason for vacation to the Marion County Surveyor's Office.
- The County Surveyor will review the submitted materials and forward to the other Public Works divisions for comments.
- After comments are received, invested parties will be notified that Public Works is in favor of the vacation or not.
- After receiving Public Works comments, the invested parties can decide to pursue the vacation. If they choose to move forward, they may procede as follows.
- Initiating a Vacation
- Petition by Landowners
A petition may be delivered by Petitioner(s), or their attorney, along with the prescribed fees. **Two checks shall be written, one to Marion County Department of Public Works for $2,500.00 and one to Marion County Clerk for actual recording fees of $86.00 first page and $5.00 each additional page.
The petition must include:
- A legal description of the road proposed to be vacated prepared by a licensed Land Surveyor.
- A statement of the reasons for requesting the vacation of the road.
- Names and addresses of all persons holding any recorded interest in the property proposed to be vacated.
- Notarized signatures of either owners of 60 percent of the land abutting the road proposed to be vacated or 60 percent of the owners of land abutting the road proposed to be vacated.
A subdivision plan or partitioning plan showing the proposed redivision if the property will be redivided in any manner.
Sample Petition for Road Vacation
- Reports and Hearings
- The Board of Commissioners directs the Department of Public Works to prepare a written report on the proposed vacation.
The report must contain:
- An assessment of whether the vacation would be in the public interest.
- A description of the ownership of the road proposed to be vacated.
- A description of the present use of the road proposed to be vacated.
- The Board of Commissioners, upon receiving the report, will set a time for a Public Hearing. They will also cause notice of the Hearing to be posted on the road proposed to be vacated, published in a local newspaper, and mailed to each person or utility with a recorded interest in the vacation.
- Order of Vacation
- After considering the petition, the Public Works Department's assessment, and any testimony from the Public Hearing, the Board of Commissioners will determine whether the vacation is in the public interest and shall enter an order granting or denying the vacation of the road.
- Ownership of Vacated Roadways
- If the Board of Commissioners grants the vacation, the vacated roadway shall be given to the rightful owner holding recorded title according to law. If the road has no title owner, it will be given to the abutting property owners to the center of the vacated road. The Board of Commissioners has the authority to make any other determination of ownership of the roadway vacated it deems appropriate.
