ORS 376.180
Conditions for way of necessity


A way of necessity 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) shall:

(1)

Be located to cause the least possible damage to land across which it is located;

(2)

Be fenced or gated if required by the county governing body;

(3)

Not be connected to a public road in a location or manner that creates a traffic hazard or decreases the safety on the public road;

(4)

Be established only for uses in connection with the property for which the way of necessity is sought;

(5)

Not be subject to any use that is not described in the order establishing the way of necessity;

(6)

Not exceed 30 feet in width unless authorized by the county governing body for engineering purposes;

(7)

Not be connected to a public road where the rights of access to the road have been acquired by the state or a county unless the state or governing body of the county grants permission for the connection;

(8)

Not be established if the property for which the way of necessity is sought has an existing enforceable access to a public road;

(9)

Not be established if the petitioner for the way of necessity could acquire an easement for access to a public road through other legal action;

(10)

Not be established for land that has been subdivided or partitioned in violation of ORS chapter 92;

(11)

Not be established over land owned by the state or a political subdivision of the state unless permission is granted for the way of necessity under ORS 376.185 (Way of necessity over public land); and

(12)

Not be established for any land if the owner of the land had knowingly eliminated access to all public roads from the land by the sale of other land owned by the landowner. [1979 c.862 §6; 1991 c.936 §5; 1993 c.18 §91]

Source: Section 376.180 — Conditions for way of necessity, https://www.­oregonlegislature.­gov/bills_laws/ors/ors376.­html.

Notes of Decisions

Under former similar statute

Way of necessity must be open to public use. Aylett v. Mardis, 59 Or App 109, 650 P2d 165 (1982), Sup Ct review denied

In general

Where petitioner’s land does not abut highway, this section 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

Where petitioners have existing enforceable access to public road, they are not entitled to way of necessity under this section, notwithstanding state of repair of such access. Pike v. Wyllie, 100 Or App 120, 785 P2d 764 (1990), Sup Ct review denied

Burden of showing inability to acquire easement for access through other legal action rests on petitioner. Tyska v. Prest, 163 Or App 219, 988 P2d 392 (1999)

376.005
“County court” defined
376.150
Definitions for ORS 376.150 to 376.200
376.155
Petition to establish way of necessity
376.157
Continuation of preexisting sewer service
376.160
Notice to landowners
376.165
Deposit to cover county expenses
376.170
Filing of answer by landowner
376.175
Order granting or denying way of necessity
376.180
Conditions for way of necessity
376.185
Way of necessity over public land
376.190
Responsibility for maintenance of way of necessity
376.195
Subsequent partition of land receiving way of necessity requires government approval
376.197
Way of necessity to historic cemeteries
376.200
Transfer of jurisdiction over establishment of ways of necessity to circuit court
376.305
Policy and purpose of Act
376.310
Definitions for ORS 376.305 to 376.390
376.315
Application to become forest road contractor
376.320
Hearing on application
376.325
Signing and contents of notice
376.330
Order approving application
376.335
Contracting with applicant
376.340
Bond and insurance of forest road contractor
376.345
Contents of forest road contract
376.350
Filing copies of forest road contract
376.355
Limitations on using motor vehicles to transport forest products over forest road
376.360
Signs giving notice of certain vehicles on forest road
376.365
Persons having rights under forest road law and contract
376.370
Supervision over forest road work by roadmaster
376.375
Contract liability of forest road contractor
376.380
Assignment of forest road contract
376.390
Payment of taxes and fees by forest road contractor
376.505
Filing statement of route and bond
376.507
Definition of “transportation of the raw products of the forest.”
376.510
Right to acquire and condemn land for logging road
376.515
Property subject to appropriation
376.520
Condemnation procedure
376.525
Assessment of damages
376.530
Fencing appropriated land
376.535
Use of appropriated property
376.540
Logging roads
376.620
Skyline, logging line, ferry skyline or cable footbridge
376.705
Definitions for ORS 376.705 to 376.825
376.710
Legislative findings
376.715
Construction of Pedestrian Mall Law
376.720
Powers of city with respect to pedestrian mall
376.725
Resolution for establishment of mall
376.730
Description of proposed mall and intersecting streets
376.735
Contents of resolution when landowners to be paid for damages by assessments on benefited property
376.740
Contents of resolution when improvements are proposed
376.745
Resolution to be published and posted
376.750
Copies of resolution to be mailed to affected persons
376.755
Objections to mall
376.760
Effect of objections by landowners
376.765
Changing boundaries when assessments to be levied under ORS 376.735
376.770
Allowing claims for damages
376.775
Hearing objections, claims and protests
376.780
Resolution after hearing
376.785
Judicial proceedings to determine unsettled claims for damages
376.790
Assessment of damages and other expenses against benefited lands
376.795
Manner of assessment
376.800
Special fund for payment of damages and expenses
376.805
Payment of damages and other expenses from sources other than assessments and bonds
376.810
Ordinance establishing mall
376.815
Adoption of ordinance
376.820
Jurisdiction over mall
376.825
Improvements on mall
376.990
Penalties
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