376.785 Judicialproceedings to determine unsettled claims for damages; satisfaction prior totraffic prohibition
376.790 Assessmentof damages and other expenses against benefited lands
376.795 Mannerof assessment; sale of bonds representing unpaid assessments
376.800 Specialfund for payment of damages and expenses; use of surplus
376.805 Paymentof damages and other expenses from sources other than assessments and bonds
376.810 Ordinanceestablishing mall; contents
376.815 Adoptionof ordinance; payment of claims, damages and compensation
376.820 Jurisdictionover mall; abandonment or modification
376.825 Improvementson mall; payment of costs
PENALTIES
376.990 Penalties
GENERALPROVISIONS
376.005“County court” defined. As used in this chapter, unless the contextrequires otherwise, “county court” means the governing body of the county,whether it is a county court or board of county commissioners.
376.105 [Repealed by1979 c.862 §12]
376.110 [Repealed by1979 c.862 §12]
376.115 [Repealed by1979 c.862 §12]
376.120 [Repealed by1979 c.862 §12]
376.125 [Repealed by1979 c.862 §12]
376.130 [Repealed by1979 c.862 §12]
376.135 [Repealed by1979 c.862 §12]
376.140 [Repealed by1971 c.743 §432]
376.145 [Repealed by1979 c.862 §12]
STATUTORYWAYS OF NECESSITY
376.150Definitions for ORS 376.150 to 376.200. As used in ORS 376.150 to 376.200:
(1)“Public road” means the entire right of way of any road over which the publichas the right of use or any right of way held by the state or a politicalsubdivision of the state for road purposes that is not open for public use.
(2)“Way of necessity” means:
(a)A road established under ORS 376.150 to 376.200 to provide motor vehicle accessfrom a public road to land that would otherwise have no motor vehicle access;
(b)A route established under ORS 376.150 to 376.200 to provide utility serviceaccess from an existing service location to a service point that wouldotherwise have no utility service access; or
(c)A route established under ORS 376.150 to 376.200 to provide a continuation ofpreexisting sewer service to land that has access to a public road. [1979 c.862§1; 1989 c.674 §1; 2009 c.318 §1]
376.155Petition to establish way of necessity; contents; requirements. (1) Toestablish a way of necessity under ORS 376.150 to 376.200, a landowner shallfile a petition with the governing body of the county in which the land islocated.
(2)A petition filed under this section shall contain a drawing and a narrativestatement that contain all of the following information:
(a)The location and legal description of the property to be served by the proposedway of necessity.
(b)The location of all public roads located in the vicinity of the property to beserved by the proposed way of necessity that are capable of being used toprovide access to the property. The petition shall include the location ofpublic 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 accessrights acquired and limited by the state or county; or
(B)If the public road proposed for access by way of necessity has the limitedaccess rights, the state or county is willing to grant permission to connectthe proposed way of necessity to the public road.
(f)Evidence that the proposed way of necessity may be connected to the public roadsafely.
(g)Evidence that the specific location proposed for the way of necessity is thenearest practicable point for connection to a way of necessity to a publicroad.
(h)The names and addresses of the persons owning the land across which the way ofnecessity could be located.
(i)The petitioner’s proposal for the amount of compensation to persons owning landacross which the way of necessity is proposed to be located.
(j)Evidence that the petitioner does not have an existing easement or right to aneasement to provide access to a public road.
376.785 Judicialproceedings to determine unsettled claims for damages; satisfaction prior totraffic prohibition
376.790 Assessmentof damages and other expenses against benefited lands
376.795 Mannerof assessment; sale of bonds representing unpaid assessments
376.800 Specialfund for payment of damages and expenses; use of surplus
376.805 Paymentof damages and other expenses from sources other than assessments and bonds
376.810 Ordinanceestablishing mall; contents
376.815 Adoptionof ordinance; payment of claims, damages and compensation
376.820 Jurisdictionover mall; abandonment or modification
376.825 Improvementson mall; payment of costs
PENALTIES
376.990 Penalties
GENERALPROVISIONS
376.005“County court” defined. As used in this chapter, unless the contextrequires otherwise, “county court” means the governing body of the county,whether it is a county court or board of county commissioners.
376.105 [Repealed by1979 c.862 §12]
376.110 [Repealed by1979 c.862 §12]
376.115 [Repealed by1979 c.862 §12]
376.120 [Repealed by1979 c.862 §12]
376.125 [Repealed by1979 c.862 §12]
376.130 [Repealed by1979 c.862 §12]
376.135 [Repealed by1979 c.862 §12]
376.140 [Repealed by1971 c.743 §432]
376.145 [Repealed by1979 c.862 §12]
STATUTORYWAYS OF NECESSITY
376.150Definitions for ORS 376.150 to 376.200. As used in ORS 376.150 to 376.200:
(1)“Public road” means the entire right of way of any road over which the publichas the right of use or any right of way held by the state or a politicalsubdivision of the state for road purposes that is not open for public use.
(2)“Way of necessity” means:
(a)A road established under ORS 376.150 to 376.200 to provide motor vehicle accessfrom a public road to land that would otherwise have no motor vehicle access;
(b)A route established under ORS 376.150 to 376.200 to provide utility serviceaccess from an existing service location to a service point that wouldotherwise have no utility service access; or
(c)A route established under ORS 376.150 to 376.200 to provide a continuation ofpreexisting sewer service to land that has access to a public road. [1979 c.862§1; 1989 c.674 §1; 2009 c.318 §1]
376.155Petition to establish way of necessity; contents; requirements. (1) Toestablish a way of necessity under ORS 376.150 to 376.200, a landowner shallfile a petition with the governing body of the county in which the land islocated.
(2)A petition filed under this section shall contain a drawing and a narrativestatement that contain all of the following information:
(a)The location and legal description of the property to be served by the proposedway of necessity.
(b)The location of all public roads located in the vicinity of the property to beserved by the proposed way of necessity that are capable of being used toprovide access to the property. The petition shall include the location ofpublic 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 accessrights acquired and limited by the state or county; or
(B)If the public road proposed for access by way of necessity has the limitedaccess rights, the state or county is willing to grant permission to connectthe proposed way of necessity to the public road.
(f)Evidence that the proposed way of necessity may be connected to the public roadsafely.
(g)Evidence that the specific location proposed for the way of necessity is thenearest practicable point for connection to a way of necessity to a publicroad.
(h)The names and addresses of the persons owning the land across which the way ofnecessity could be located.
(i)The petitioner’s proposal for the amount of compensation to persons owning landacross which the way of necessity is proposed to be located.
(j)Evidence that the petitioner does not have an existing easement or right to aneasement to provide access to a public road.
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376.785 Judicialproceedings to determine unsettled claims for damages; satisfaction prior totraffic prohibition
376.790 Assessmentof damages and other expenses against benefited lands
376.795 Mannerof assessment; sale of bonds representing unpaid assessments
376.800 Specialfund for payment of damages and expenses; use of surplus
376.805 Paymentof damages and other expenses from sources other than assessments and bonds
376.810 Ordinanceestablishing mall; contents
376.815 Adoptionof ordinance; payment of claims, damages and compensation
376.820 Jurisdictionover mall; abandonment or modification
376.825 Improvementson mall; payment of costs
PENALTIES
376.990 Penalties
GENERALPROVISIONS
376.005“County court” defined. As used in this chapter, unless the contextrequires otherwise, “county court” means the governing body of the county,whether it is a county court or board of county commissioners.
376.105 [Repealed by1979 c.862 §12]
376.110 [Repealed by1979 c.862 §12]
376.115 [Repealed by1979 c.862 §12]
376.120 [Repealed by1979 c.862 §12]
376.125 [Repealed by1979 c.862 §12]
376.130 [Repealed by1979 c.862 §12]
376.135 [Repealed by1979 c.862 §12]
376.140 [Repealed by1971 c.743 §432]
376.145 [Repealed by1979 c.862 §12]
STATUTORYWAYS OF NECESSITY
376.150Definitions for ORS 376.150 to 376.200. As used in ORS 376.150 to 376.200:
(1)“Public road” means the entire right of way of any road over which the publichas the right of use or any right of way held by the state or a politicalsubdivision of the state for road purposes that is not open for public use.
(2)“Way of necessity” means:
(a)A road established under ORS 376.150 to 376.200 to provide motor vehicle accessfrom a public road to land that would otherwise have no motor vehicle access;
(b)A route established under ORS 376.150 to 376.200 to provide utility serviceaccess from an existing service location to a service point that wouldotherwise have no utility service access; or
(c)A route established under ORS 376.150 to 376.200 to provide a continuation ofpreexisting sewer service to land that has access to a public road. [1979 c.862§1; 1989 c.674 §1; 2009 c.318 §1]
376.155Petition to establish way of necessity; contents; requirements. (1) Toestablish a way of necessity under ORS 376.150 to 376.200, a landowner shallfile a petition with the governing body of the county in which the land islocated.
(2)A petition filed under this section shall contain a drawing and a narrativestatement that contain all of the following information:
(a)The location and legal description of the property to be served by the proposedway of necessity.
(b)The location of all public roads located in the vicinity of the property to beserved by the proposed way of necessity that are capable of being used toprovide access to the property. The petition shall include the location ofpublic 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 accessrights acquired and limited by the state or county; or
(B)If the public road proposed for access by way of necessity has the limitedaccess rights, the state or county is willing to grant permission to connectthe proposed way of necessity to the public road.
(f)Evidence that the proposed way of necessity may be connected to the public roadsafely.
(g)Evidence that the specific location proposed for the way of necessity is thenearest practicable point for connection to a way of necessity to a publicroad.
(h)The names and addresses of the persons owning the land across which the way ofnecessity could be located.
(i)The petitioner’s proposal for the amount of compensation to persons owning landacross which the way of necessity is proposed to be located.
(j)Evidence that the petitioner does not have an existing easement or right to aneasement to provide access to a public road.