ORS Chapter 376

Chapter 376 — Waysof Necessity; Special Ways; Pedestrian Malls

2009 EDITION

WAYSOF NECESSITY; SPECIAL WAYS; MALLS

HIGHWAYS,ROADS, BRIDGES AND FERRIES

GENERALPROVISIONS

376.005 “Countycourt” defined

STATUTORYWAYS OF NECESSITY

376.150 Definitionsfor ORS 376.150 to 376.200

376.155 Petitionto establish way of necessity; contents; requirements

376.157 Continuationof preexisting sewer service

376.160 Noticeto landowners; investigation of proposed way; report to county governing body

376.165 Depositto cover county expenses

376.170 Filingof answer by landowner; reply to answer by petitioner

376.175 Ordergranting or denying way of necessity; contents; liability for costs; appeal

376.180 Conditionsfor way of necessity

376.185 Wayof necessity over public land

376.190 Responsibilityfor maintenance of way of necessity; alteration limited

376.195 Subsequentpartition of land receiving way of necessity requires government approval

376.197 Wayof necessity to historic cemeteries

376.200 Transferof jurisdiction over establishment of ways of necessity to circuit court; localcourt rules; procedure after transfer

FORESTROADS

376.305 Policyand purpose of Act

376.310 Definitionsfor ORS 376.305 to 376.390

376.315 Applicationto become forest road contractor

376.320 Hearingon application; posting, publishing, serving and proof of notice

376.325 Signingand contents of notice

376.330 Orderapproving application; service of order

376.335 Contractingwith applicant

376.340 Bondand insurance of forest road contractor

376.345 Contentsof forest road contract

376.350 Filingcopies of forest road contract

376.355 Limitationson using motor vehicles to transport forest products over forest road;regulations and permits for crossing state highways

376.360 Signsgiving notice of certain vehicles on forest road

376.365 Personshaving rights under forest road law and contract

376.370 Supervisionover forest road work by roadmaster

376.375 Contractliability of forest road contractor

376.380 Assignmentof forest road contract

376.385 Payingover fines, penalties and forfeited security deposits to county treasurer

376.390 Paymentof taxes and fees by forest road contractor

CONDEMNATIONOF LAND FOR FOREST PRODUCT WAYS

376.505 Filingstatement of route and bond; right of entry

376.507 Definitionof “transportation of the raw products of the forest”

376.510 Rightto acquire and condemn land for logging road

376.515 Propertysubject to appropriation

376.520 Condemnationprocedure

376.525 Assessmentof damages

376.530 Fencingappropriated land

376.535 Useof appropriated property; reversion on disuse

376.540 Loggingroads

MISCELLANEOUSWAYS

376.620 Skyline,logging line, ferry skyline or cable footbridge; authorization and regulation byland board

PEDESTRIANMALLS

376.705 Definitionsfor ORS 376.705 to 376.825

376.710 Legislativefindings; short title

376.715 Constructionof Pedestrian Mall Law; validity of proceedings

376.720 Powersof city with respect to pedestrian mall

376.725 Resolutionfor establishment of mall; general contents of resolution

376.730 Descriptionof proposed mall and intersecting streets

376.735 Contentsof resolution when landowners to be paid for damages by assessments onbenefited property

376.740 Contentsof resolution when improvements are proposed

376.745 Resolutionto be published and posted

376.750 Copiesof resolution to be mailed to affected persons

376.755 Objectionsto mall; claims for damages; right to damages not created

376.760 Effectof objections by landowners

376.765 Changingboundaries when assessments to be levied under ORS 376.735; notice; objections

376.770 Allowingclaims for damages; payment

376.775 Hearingobjections, claims and protests; waiver; decision; continuations

376.780 Resolutionafter hearing; fixing boundaries

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.