(2)(a) Notwithstanding any other provision of ORS 376.150 to 376.200, a way of necessity is established to a historic cemetery listed in accordance with the provisions of ORS 97.782.
(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]
Structure 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 376.170 - 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 376.305 - 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 376.370 - 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 376.705 - 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 376.740 - 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 376.770 - 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 376.795 - 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.