Oregon Revised Statutes Chapter 376 § 376.185 — Way of
Oregon Revised Statutes Chapter 376 ·
Oregon Code § 376.185·Enacted ·Last updated March 01, 2026
Statute Text
Way of
necessity over public land.
(1) A way of necessity may not be established under ORS 376.150 to 376.200
across land owned by the state or a political subdivision of the state without
the consent of the governing body of the political subdivision or of the
appropriate agency of the state. The governing body of a political subdivision
of this state and any agency of the state shall not unreasonably withhold
consent required under this subsection.
(2) Whenever a
way of necessity is sought over land owned by the state or a political
subdivision of the state, a copy of the petition for the way of necessity, of
the county report and of the notice of hearing shall be forwarded by certified
mail to:
(a) If the
political subdivision owns the land, the governing body of the political
subdivision.
(b) If the state
owns the land, to the Department of State Lands and to each agency of the state
that has use or control of the land. [1979 c.862 §7; 1993 c.98 §17]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 376.185
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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