ORS 376.155
Petition to establish way of necessity

  • contents
  • requirements

(1)

To establish a way of necessity 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), a landowner shall file a petition with the governing body of the county in which the land is located.

(2)

A petition filed under this section shall contain a drawing and a narrative statement that contain all of the following information:

(a)

The location and legal description of the property to be served by the proposed way of necessity.

(b)

The location of all public roads located in the vicinity of the property to be served by the proposed way of necessity that are capable of being used to provide access to the property. The petition shall include the location of public roads that are not open for public use.

(c)

A specific proposed location for the proposed way of necessity.

(d)

Evidence showing the necessity for the establishment of a way of necessity.

(e)

Evidence that either:

(A)

The proposed way of necessity does not connect to a public road that has access rights acquired and limited by the state or county; or

(B)

If the public road proposed for access by way of necessity has the limited access rights, the state or county is willing to grant permission to connect the proposed way of necessity to the public road.

(f)

Evidence that the proposed way of necessity may be connected to the public road safely.

(g)

Evidence that the specific location proposed for the way of necessity is the nearest practicable point for connection to a way of necessity to a public road.

(h)

The names and addresses of the persons owning the land across which the way of necessity could be located.

(i)

The petitioner’s proposal for the amount of compensation to persons owning land across which the way of necessity is proposed to be located.

(j)

Evidence that the petitioner does not have an existing easement or right to an easement to provide access to a public road.

(k)

Evidence that the petitioner does not have any enforceable access to a public road.

(L)

If the petition is to establish a way of necessity described in ORS 376.150 (Definitions for ORS 376.150 to 376.200) (2)(c), evidence that:

(A)

A publicly owned sewer line does not exist in the portion of any public road adjacent to the land; and

(B)

The land is located in a jurisdiction that has adopted and implemented a public sewer extension program designed to make public sewers available to land lacking access to a public sewer line in the portion of a public road adjacent to the land. [1979 c.862 §2; 1991 c.936 §2; 2009 c.318 §2]

Source: Section 376.155 — Petition to establish way of necessity; contents; requirements, https://www.­oregonlegislature.­gov/bills_laws/ors/ors376.­html.

Notes of Decisions

Proposed point of connection is not practicable if way of necessity established by point of connection cannot be maintained sufficiently to allow motor vehicle access consistent with intended uses of benefited property. Petroff v. Williams, 240 Or App 201, 246 P3d 39 (2010)

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
Green check means up to date. Up to date

Current through early 2024

§ 376.155’s source at oregon​.gov