ORS 376.185
Way of necessity over public land

(1)

A way of necessity may not be 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) across land owned by the state or a political subdivision of the state without the consent of the governing body of the political subdivision or of the appropriate agency of the state. The governing body of a political subdivision of this state and any agency of the state shall not unreasonably withhold consent required under this subsection.

(2)

Whenever a way of necessity is sought over land owned by the state or a political subdivision of the state, a copy of the petition for the way of necessity, of the county report and of the notice of hearing shall be forwarded by certified mail to:

(a)

If the political subdivision owns the land, the governing body of the political subdivision.

(b)

If the state owns the land, to the Department of State Lands and to each agency of the state that has use or control of the land. [1979 c.862 §7; 1993 c.98 §17]

Source: Section 376.185 — Way of necessity over public land, https://www.­oregonlegislature.­gov/bills_laws/ors/ors376.­html.

Notes of Decisions

That state may not unreasonably withhold consent means state may not arbitrarily and capriciously withhold consent. Where state agency expressed concerns about potential adverse impact of plaintiffs’ way of necessity and concerns were supported by evidence in record, agency was not unreasonable. Bradley v. Dept. of Forestry, 262 Or App 78, 324 P3d 504 (2014), Sup Ct review denied

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

§ 376.185’s source at oregon​.gov