2021 Oregon Revised Statutes
Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls
Section 376.160 - Notice to landowners; investigation of proposed way; report to county governing body.


(a) Provide for service of the petition on all persons owning land across which the way of necessity could be located; and
(b) Direct the county engineer, county surveyor or other persons appointed by the governing body to investigate the proposed way of necessity and to submit a written report to the county governing body.
(2) The report under subsection (1) of this section shall include:
(a) Possible alternate routes for ways of necessity to the property;
(b) A determination of whether the proposed way of necessity meets the requirements under ORS 376.150 to 376.200;
(c) The reasonableness of the way of necessity proposed in the petition; and
(d) A recommendation for a specific location and width for a way of necessity.
(3) Upon receipt of the report under subsection (2) of this section, the county governing body shall:
(a) Provide a copy of the report to the petitioner; and
(b) Serve a copy of the petition and report on all persons owning land across which the way of necessity is proposed to be located under the report or the petition.
(4) Service of the petition and report under this section shall be accomplished in the manner provided for service of summons in an action at law. If the report includes a recommendation for a route different than the route proposed in the petition, service on the affected parties shall include a copy of the petition. [1979 c.862 ยง3]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 10 - Highways, Military

Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls

Section 376.150 - Definitions for ORS 376.150 to 376.200.

Section 376.155 - Petition to establish way of necessity; contents; requirements.

Section 376.157 - Continuation of preexisting sewer service.

Section 376.160 - Notice to landowners; investigation of proposed way; report to county governing body.

Section 376.170 - Filing of answer by landowner; reply to answer by petitioner.

Section 376.175 - Order granting or denying way of necessity; contents; liability for costs; appeal.

Section 376.180 - Conditions for way of necessity.

Section 376.185 - Way of necessity over public land.

Section 376.190 - Responsibility for maintenance of way of necessity; alteration limited.

Section 376.197 - Way of necessity to historic cemeteries.

Section 376.200 - Transfer of jurisdiction over establishment of ways of necessity to circuit court; local court rules; procedure after transfer.

Section 376.305 - Policy and purpose of Act.

Section 376.310 - Definitions for ORS 376.305 to 376.390.

Section 376.315 - Application to become forest road contractor.

Section 376.320 - Hearing on application; posting, publishing, serving and proof of notice.

Section 376.325 - Signing and contents of notice.

Section 376.340 - Bond and insurance of forest road contractor.

Section 376.345 - Contents of forest road contract.

Section 376.355 - Limitations on using motor vehicles to transport forest products over forest road; regulations and permits for crossing state highways.

Section 376.370 - Supervision over forest road work by roadmaster.

Section 376.505 - Filing statement of route and bond; right of entry.

Section 376.535 - Use of appropriated property; reversion on disuse.

Section 376.620 - Skyline, logging line, ferry skyline or cable footbridge; authorization and regulation by Department of State Lands.

Section 376.705 - Definitions for ORS 376.705 to 376.825.

Section 376.710 - Legislative findings; short title.

Section 376.715 - Construction of Pedestrian Mall Law; validity of proceedings.

Section 376.720 - Powers of city with respect to pedestrian mall.

Section 376.725 - Resolution for establishment of mall; general contents of resolution.

Section 376.735 - Contents of resolution when landowners to be paid for damages by assessments on benefited property.

Section 376.740 - Contents of resolution when improvements are proposed.

Section 376.745 - Resolution to be published and posted.

Section 376.750 - Copies of resolution to be mailed to affected persons.

Section 376.755 - Objections to mall; claims for damages; right to damages not created.

Section 376.760 - Effect of objections by landowners.

Section 376.765 - Changing boundaries when assessments to be levied under ORS 376.735; notice; objections.

Section 376.770 - Allowing claims for damages; payment.

Section 376.775 - Hearing objections, claims and protests; waiver; decision; continuations.

Section 376.780 - Resolution after hearing; fixing boundaries.

Section 376.785 - Judicial proceedings to determine unsettled claims for damages; satisfaction prior to traffic prohibition.

Section 376.795 - Manner of assessment; sale of bonds representing unpaid assessments.

Section 376.800 - Special fund for payment of damages and expenses; use of surplus.

Section 376.810 - Ordinance establishing mall; contents.

Section 376.815 - Adoption of ordinance; payment of claims, damages and compensation.

Section 376.820 - Jurisdiction over mall; abandonment or modification.

Section 376.825 - Improvements on mall; payment of costs.

Section 376.990 - Penalties.