Oregon Code § 376.160·Enacted ·Last updated March 01, 2026
Statute Text
Notice
to landowners; investigation of proposed way; report to county governing body.
(1) Upon receipt of a petition for
a way of necessity filed under ORS 376.155, a county governing body shall:
(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 §3]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 376.160
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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