2017 ORS 376.150¹
Definitions for ORS 376.150 to 376.200

As used in ORS 376.150 (Definitions for ORS 376.150 to 376.200) to 376.200 (Transfer of jurisdiction over establishment of ways of necessity to circuit court):

(1) “Public road” means the entire right of way of any road over which the public has the right of use or any right of way held by the state or a political subdivision of the state for road purposes that is not open for public use.

(2) “Way of necessity” means:

(a) A road established under ORS 376.150 (Definitions for ORS 376.150 to 376.200) to 376.200 (Transfer of jurisdiction over establishment of ways of necessity to circuit court) to provide motor vehicle access from a public road to land that would otherwise have no motor vehicle access;

(b) A route established under ORS 376.150 (Definitions for ORS 376.150 to 376.200) to 376.200 (Transfer of jurisdiction over establishment of ways of necessity to circuit court) to provide utility service access from an existing service location to a service point that would otherwise have no utility service access; or

(c) A route established under ORS 376.150 (Definitions for ORS 376.150 to 376.200) to 376.200 (Transfer of jurisdiction over establishment of ways of necessity to circuit court) to provide a continuation of preexisting sewer service to land that has access to a public road. [1979 c.862 §1; 1989 c.674 §1; 2009 c.318 §1]

Notes of Decisions

Way of necessity may not be es­tab­lished if peti­tioner could acquire ease­ment for access to public road through other legal ac­tion. Chambers v. Disney, 65 Or App 684, 672 P2d 711 (1983)

Way of necessity created under these sec­tions must be open to public and, so construed, sec­tions do not violate article I, sec­tion 18 of Oregon Constitu­tion. Chapman v. Perron, 69 Or App 445, 685 P2d 492 (1984)

Where peti­tioner’s land does not abut highway, ORS 376.180 (Conditions for way of necessity) requires peti­tioners to show they lack ease­ment so as to show need for way of necessity. Witten v. Murphy, 71 Or App 511, 692 P2d 715 (1984), Sup Ct review denied

Under these sec­tions, if peti­tioners have existing enforceable access to public road, they are not entitled to way of necessity, notwithstanding whether such access is reasonable. Pike v. Wyllie, 100 Or App 120, 785 P2d 764 (1990), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 376—Ways of Necessity; Special Ways; Pedestrian Malls, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors376.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 376, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano376.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.