§ 429.140. Right-of-way vacation.

If the city vacates a right-of-way which contains the facilities of a registrant, and if the vacation does not require the relocation of registrant's facilities, the city shall reserve, to and for itself and all registrants having facilities in the vacated right-of-way, the right to install, maintain and operate any equipment or facilities in the vacated right-of-way and to enter upon such right-of-way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same.

If the vacation requires the relocation of registrant facilities; and

(1)

If the vacation proceedings are initiated by the right-of-way user, the right-of-way user must pay the relocation costs; or

(2)

If the vacation proceedings are initiated by the city for a public project, the right-of-way-user must pay the relocation costs unless otherwise agreed to by the city and the right-of-way user.

(3)

If the vacation proceedings are initiated for the purpose of benefiting a person other than the right-of-way user, the benefitted person must pay relocation costs. (96-Or-126, § 1, 11-22-96; 2000-Or-025, § 14, 4-21-00)