ORS 376.197
Way of necessity to historic cemeteries
(1)
Notwithstanding any other provision of 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 way of necessity for nonmotorized conveyance is established to any parcel that meets the criteria described in ORS 308A.125 (Historic cemeteries within exclusive farm use zones).(2)
Intentionally left blank —Ed.(a)
Notwithstanding any other provision of 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 way of necessity is established to a historic cemetery listed in accordance with the provisions of ORS 97.782 (Listing of historic cemeteries).(b)
The way of necessity established under paragraph (a) of this subsection shall:(A)
Be designated by the owner of the land over which the way of necessity passes; and(B)
Be accessible, at reasonable times to be designated by the property owner for visitation, maintenance or research purposes, to the owner of the historic cemetery, to descendants of those persons buried in the historic cemetery and to persons interested in historical research. The reasonableness of the times designated by the property owner shall be based on the need of the property owner to make use of the property and the need of the historic cemetery visitors for family visitation, maintenance or research access to the historic cemetery. [1999 c.314 §46; 2001 c.364 §1; 2003 c.173 §9]
Source:
Section 376.197 — Way of necessity to historic cemeteries, https://www.oregonlegislature.gov/bills_laws/ors/ors376.html.
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