Order granting or denying way of necessity
- contents
- liability for costs
- appeal
Source:
Section 376.175 — Order granting or denying way of necessity; contents; liability for costs; appeal, https://www.oregonlegislature.gov/bills_laws/ors/ors376.html.
Notes of Decisions
Under former similar statute
Landowner who successfully appeals amount of damages awarded when land is burdened by way of necessity is entitled to attorney fees. Brookshire v. Johnson, 274 Or 19, 544 P2d 164 (1976)
In general
This section authorizes award of attorney fees on appeal by property owner or other person claiming interest in property who successfully defends action for statutory way of necessity. Pike v. Wyllie, 103 Or App 30, 795 P2d 1097 (1990), Sup Ct review denied
Where land is subject to petitioner’s action for way of necessity, attorney fees are available even though land was not included in route proposed by petition. Morgan v. Hart, 325 Or 348, 937 P2d 1024 (1997)
Where county ordinance made invalid transfer of jurisdiction over way of necessity to circuit court under ORS 376.200, circuit court could not issue order to grant or deny way of necessity, which is statutory prerequisite to issuing order to grant attorney fees, so circuit court is not authorized to award attorney fees. Underhill v. Prock, 299 Or App 186, 449 P3d 891 (2019)
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