Yamhill County road vacations are
authorized by Oregon Revised Statutes Chapter 368 and County Ordinance # 625.
Basically, there are two process types:
1.
Application
to vacate with a public hearing and
2.
Petition
to vacate without the requirement of a public hearing
An application process requires notification of all potentially affected
property owners of the public hearing, publication of the notice of hearing in
publications of general circulation in the county for specific periods prior to
the hearing, and posting of the notice in three locations required by statute. As
of September 1, 2005 the current fee for an application is $1000 (Board Order #02-288) The
application process can take up to 90
days, and even longer if problems arise during the proceedings.
A petition process requires that the owners, as shown in
the Deed and Mortgage Records of Yamhill County, of 100% of any private
property proposed to be vacated and 100% of property abutting any public
property proposed to be vacated sign a petition requesting the vacation. All
signatures of petitioners must be individually notarized. As of September 1,
2005 the current fee for a petition process is $300. The petition process generally takes less than a month to complete.
Upon completion, either process will
require an additional recording fee to be paid to the Yamhill County Clerk for
recording the documents in the Deed and Mortgage Records. The Board Order vacating the property will
not be recorded in the Deed and Mortgage Records until the recording fee is
paid.
An applicant or petitioner will be
required to complete the appropriate application or petition form, depending on
the process selected. The appropriate
form together with a map showing with specificity the location and extent of
the proposed road vacation, along with the associated processing fee, must be
submitted to the Yamhill County Public Works Department, 2060 Lafayette Avenue,
McMinnville, Oregon, 97128. The county will prepare the property description
unless you already have one meeting the road official’s approval.
Questions may be directed to Dan
Linscheid, county surveyor, at (503) 472-9371, ext. 3621.
Here are links to the forms:
1. Application to Vacate a Public Road requiring a public hearing
2. Petition to Vacate a Public Road without the requirement of a public hearing
3. Acknowledgement form (may be required based on multiple applicants or petitioners)