376.005 “County court” defined
As used in this chapter, unless the context requires otherwise, “county court” means the governing body of the county, whether it is a county court or board of county commissioners.
Oregon Revised Statutes
Chapter 376 — Ways of Necessity; Special Ways; Pedestrian Malls
84 sections376.105 [Repealed by 1979 c.862 §12]repealed
No operative statutory text appears at this designation in the selected edition.
376.110 [Repealed by 1979 c.862 §12]repealed
No operative statutory text appears at this designation in the selected edition.
376.115 [Repealed by 1979 c.862 §12]repealed
No operative statutory text appears at this designation in the selected edition.
376.120 [Repealed by 1979 c.862 §12]repealed
No operative statutory text appears at this designation in the selected edition.
376.125 [Repealed by 1979 c.862 §12]repealed
No operative statutory text appears at this designation in the selected edition.
376.130 [Repealed by 1979 c.862 §12]repealed
No operative statutory text appears at this designation in the selected edition.
376.135 [Repealed by 1979 c.862 §12]repealed
No operative statutory text appears at this designation in the selected edition.
376.140 [Repealed by 1971 c.743 §432]repealed
No operative statutory text appears at this designation in the selected edition.
376.145 [Repealed by 1979 c.862 §12]repealed
No operative statutory text appears at this designation in the selected edition.
376.150 Definitions for ORS 376.150 to 376.200
As used in ORS 376.150 to 376.200: “Public road” means the entire right of way of any road over which the public has the right of use or any right of way held by the state or a political subdivision of the state for road purposes that is not open for public use. “Way of necessity” means: A road established under ORS 376.150 to 376.200 to provide motor veh…
376.155 Petition to establish way of necessity; contents; requirements
To establish a way of necessity under ORS 376.150 to 376.200, a landowner shall file a petition with the governing body of the county in which the land is located. A petition filed under this section shall contain a drawing and a narrative statement that contain all of the following information: The location and legal description of the property to be serv…
376.157 Continuation of preexisting sewer service
A way of necessity that provides a continuation of preexisting sewer service to land that has access to a public road: Terminates six months after a local government, as defined in ORS 174.116, having jurisdiction over the affected land issues a notice to affected property owners declaring the completion of a public sewer line that provides direct access to…
376.160 Notice to landowners; investigation of proposed way; report to county governing body
Upon receipt of a petition for a way of necessity filed under ORS 376.155, a county governing body shall: Provide for service of the petition on all persons owning land across which the way of necessity could be located; and Direct the county engineer, county surveyor or other persons appointed by the governing body to investigate the proposed way of neces…
376.165 Deposit to cover county expenses
Upon receipt of a petition for a way of necessity filed under ORS 376.155, a county governing body may require the petitioner to deposit with the county an amount of money or other security to use for payment of county expenses incurred in the procedure for establishing the way of necessity or to assure that the expenses will be paid. If a deposit of money i…
376.170 Filing of answer by landowner; reply to answer by petitioner
Any person owning land across which a way of necessity is proposed to be established under ORS 376.150 to 376.200 may file an answer controverting any matter in the petition or report and alleging any new matter relevant to the proceedings. An answer filed under this subsection must be filed within 30 days after receipt of service of the petition and report.…
376.175 Order granting or denying way of necessity; contents; liability for costs; appeal
Upon consideration of the matters and issues presented under ORS 376.150 to 376.200, the county governing body shall determine whether or not a need has been demonstrated for the granting of a way of necessity under ORS 376.150 to 376.200 and shall enter an order granting or denying the way of necessity. Any order entered under this section shall: State wh…
376.180 Conditions for way of necessity
A way of necessity established under ORS 376.150 to 376.200 shall: Be located to cause the least possible damage to land across which it is located; Be fenced or gated if required by the county governing body; Not be connected to a public road in a location or manner that creates a traffic hazard or decreases the safety on the public road; Be established…
376.185 Way of necessity over public land
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 unreas…
376.190 Responsibility for maintenance of way of necessity; alteration limited
A way of necessity that is established under ORS 376.150 to 376.200 shall be maintained and kept passable by the person owning the land for which the way of necessity is established. This subsection does not require the person to provide for maintenance of the way of necessity for uses or persons not specifically provided in the order establishing the way of…
376.195 Subsequent partition of land receiving way of necessity requires government approval
Land for which a way of necessity is established under ORS 376.150 to 376.200 shall not be subsequently partitioned without the approval of the city or county governing body which has partitioning authority.
376.197 Way of necessity to historic cemeteries
Notwithstanding any other provision of ORS 376.150 to 376.200, a way of necessity for nonmotorized conveyance is established to any parcel that meets the criteria described in ORS 308A.125. 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 9…
376.200 Transfer of jurisdiction over establishment of ways of necessity to circuit court; local court rules; procedure after transfer
Notwithstanding any provision of ORS 376.150 to 376.200, a county governing body may adopt an ordinance removing the county governing body from jurisdiction over the establishment of ways of necessity under ORS 376.150 to 376.200. If the county governing body adopts an ordinance described in subsection (1) of this section, the circuit court of that county s…
376.205 [Repealed by 1981 c.153 §79]repealed
No operative statutory text appears at this designation in the selected edition.
376.210 [Repealed by 1981 c.153 §79]repealed
No operative statutory text appears at this designation in the selected edition.
376.215 [Repealed by 1981 c.153 §79]repealed
No operative statutory text appears at this designation in the selected edition.
376.220 [Repealed by 1981 c.153 §79]repealed
No operative statutory text appears at this designation in the selected edition.
376.305 Policy and purpose of Act
It is declared that a substantial part of the forest resources of this state are now left unharvested and are lost by reason of the excessive cost of transportation thereof to market; that substantial forest areas can be economically managed, harvested and the products thereof transported to market only by use of certain county and public roads which the cou…
376.310 Definitions for ORS 376.305 to 376.390
As used in ORS 376.305 to 376.390: “Forest road” means any county or public road, or part thereof, outside the corporate limits of a city, which is within or extends into or toward a mountainous or timbered area, and which is under the control and supervision of a county court of this state. “Contract forest road” means a forest road improved or maintained…
376.315 Application to become forest road contractor
Any logging operator desiring to become a forest road contractor may make application to the county court having jurisdiction and control over a forest road, to improve or maintain, or improve and maintain, such road. The application shall set forth: A description of the road and the termini thereof. If the applicant proposes to improve the road, a genera…
376.320 Hearing on application; posting, publishing, serving and proof of notice
The county court shall: Fix a date for hearing the application. Cause a notice of the hearing to be posted at the place where the county court sessions are held and at three public places in the vicinity of the forest road specified in the application, for at least 30 days immediately prior to the date set for hearing. Cause notice of the hearing to be pu…
376.325 Signing and contents of notice
The notice of hearing shall be signed by the county clerk and shall state: The date the application was filed. The name of the applicant. The description of the forest road proposed to be improved or maintained, or both. The proposal for improvement or maintenance, or both, as set forth in the application. The time and place of hearing. That all person…
376.330 Order approving application; service of order
After the hearing, the county court may, in its discretion, approve or disapprove the application. If the application is approved, a copy of the approving order together with a copy of the findings of the county court shall be served by the county clerk by registered mail or by certified mail with return receipt within 10 days after the order is made, upon t…
376.335 Contracting with applicant
Any county court that has approved any such application may contract with the applicant, in accordance with ORS 376.305 to 376.390, and without advertisement for bids, for the improvement or maintenance, or both, of the forest road described in the application. The terms of the contract as to specifications of the work shall not be limited by the proposal fo…
376.340 Bond and insurance of forest road contractor
Before execution of any contract under ORS 376.305 to 376.390, the forest road contractor shall execute and file with the county clerk a performance bond in an amount to be fixed by the county court. The forest road contractor shall furnish, and have in force during the entire term of the contract, public liability and property damage insurance covering the…
376.345 Contents of forest road contract
Every contract entered into pursuant to ORS 376.305 to 376.390 shall: Describe the road and the termini thereof. Specify the width of the roadbed and contain reasonably complete specifications, prepared by the county roadmaster or other competent person, of the improvement and maintenance work to be done. Specify the time within which the improvement work…
376.350 Filing copies of forest road contract
One copy of the contract shall be filed with the county clerk, one with the Public Utility Commission and one with the Department of Transportation.
376.355 Limitations on using motor vehicles to transport forest products over forest road; regulations and permits for crossing state highways
During such term as may be specified in the contract, the forest road contractor and agents and subcontractors of the forest road contractor have the right and privilege to: Use and operate over the contract forest road, motor vehicles limited as to wheel base, weights, dimensions, tire widths and tire surfaces only as specified in the contract. Transport …
376.360 Signs giving notice of certain vehicles on forest road
In the event the forest road contractor is authorized by the provisions of the contract to operate vehicles or combinations of vehicles, including any load thereon, of any size or description not otherwise authorized by law, the county court shall erect and maintain signs giving notice thereof in a conspicuous manner and placed at each end of the forest road…
376.365 Persons having rights under forest road law and contract
During the term of the forest road contract, all exemptions, privileges and rights granted or provided for by ORS 376.305 to 376.390, and by the provisions of the contract made pursuant thereto, are limited to the forest road contractor, the agents and subcontractors of the forest road contractor, and to such other logging operators as may meet the provision…
376.370 Supervision over forest road work by roadmaster
All improvement and maintenance work done pursuant to a forest road contract shall be under the supervision of the county roadmaster of the contracting county. On request of the forest road contractor, the county roadmaster shall inspect any completed segment of the contract forest road, and if the county roadmaster determines the work to be in compliance w…
376.375 Contract liability of forest road contractor
The liability of any forest road contractor for failure to improve or maintain the contract forest road or any bridge or culvert thereon in accordance with the contract is limited to the contracting county.
376.380 Assignment of forest road contract
Any forest road contractor may assign the forest road contract in its entirety, with approval of the contracting county court and not otherwise. A copy of each assignment shall be filed with the county clerk. A copy of the assignment together with a copy of the resolution of the county court approving the assignment shall be delivered or sent by registered m…
376.385 [Amended by 1991 c.67 §92; 1999 c.1051 §270; 2007 c.679 §4; repealed by 2011 c.597 §118]repealed
No operative statutory text appears at this designation in the selected edition.
376.390 Payment of taxes and fees by forest road contractor
Nothing in ORS 376.305 to 376.390 relieves the forest road contractor or agents or subcontractors of the forest road contractor from payment of any taxes or fees prescribed by law, except that, with respect to a motor vehicle operated upon a contract forest road by a forest road contractor, or agent or subcontractor of the forest road contractor, the road ta…
376.505 Filing statement of route and bond; right of entry
Any person, firm or corporation that requires land for transportation of the raw products of the forest may file with the county clerk of the county in which the land is located: A statement showing the approximate route of any proposed road or railway and a general description of the tract that the road or railway may travel. At the time of filing the sta…
376.507 Definition of “transportation of the raw products of the forest.”
As used in ORS 376.505 to 376.540 “transportation of the raw products of the forest” includes ingress to and egress from forestland solely for the purpose of management, protection, growth and conservation of forest crops by thinning, reseeding, brush control and other forest management operations.
376.510 Right to acquire and condemn land for logging road
Any such person, firm or corporation has the right to acquire and own all lands reasonably necessary for the logging road or way to promote the transportation of logs or the raw products of the forest. If such person, firm or corporation is unable to agree with the owners of the land over which the logging railroad is necessary, as to the amount of compensat…
376.515 Property subject to appropriation
No more lands shall be appropriated under ORS 376.505 to 376.540 than are reasonably necessary for the purposes specified therein. No building nor the land upon which it is situated, which is exempt from execution as a homestead under the laws of the state, nor any land belonging to the homestead owner within 100 feet of the building, shall be so appropriate…
376.520 Condemnation procedure
Procedure for condemnation under ORS 376.505 to 376.540 shall be as set forth in ORS chapter 35.
376.525 Assessment of damages
In assessing damages under ORS 376.510, full compensation shall be allowed for the value of the land appropriated and all other injury and damage which the owner may suffer by reason of the appropriation of the land.
376.530 Fencing appropriated land
The person, firm or corporation appropriating land under ORS 376.505 to 376.540, and the successors and assigns of the person, firm or corporation, shall fence with a good and suitable fence both sides of the lands appropriated, in the event the lands are used for agricultural purposes, and shall take such other means and precautions reasonably necessary to …
376.535 Use of appropriated property; reversion on disuse
Any property acquired under ORS 376.505 to 376.540 shall be used exclusively for the purposes set forth therein or such incidental purposes as may be necessary to the continued carrying out of such purposes. Whenever the use of property as contemplated in ORS 376.505 to 376.540 ceases for a period of two years, it shall revert to the original owner, or the …
376.540 Logging roads
Any logging road which is necessary for the transportation of a single tract of timber is within ORS 376.505 to 376.540, whether it is a common carrier or otherwise. Such road is not under the jurisdiction of the Department of Transportation unless the owners thereof declare it a common carrier.
376.605 [Amended by 1971 c.741 §26; repealed by 2001 c.388 §1]repealed
No operative statutory text appears at this designation in the selected edition.
376.610 [Repealed by 1981 c.153 §79]repealed
No operative statutory text appears at this designation in the selected edition.
376.615 [Repealed by 1981 c.153 §79]repealed
No operative statutory text appears at this designation in the selected edition.
376.620 Skyline, logging line, ferry skyline or cable footbridge; authorization and regulation by Department of State Lands
When authorized by the Department of State Lands, it is lawful for any person, firm or corporation to construct, maintain and operate a skyline, high lead logging line, ferry skyline or cable footbridge across any navigable river, bay, inlet or other navigable waters within the state, not inconsistent with any Act of Congress regulating the construction of b…
376.705 Definitions for ORS 376.705 to 376.825
Unless the context otherwise requires, the definitions contained in this section shall govern the construction of ORS 376.705 to 376.825. “City” includes every county, city, and city and county within this state. “The city” means the particular county, city, or city and county, acting pursuant to ORS 376.705 to 376.825. “Legislative body” means the legisla…
376.710 Legislative findings; short title
The Legislative Assembly hereby finds and declares that in certain areas in cities, and particularly in retail shopping areas thereof, there is need to separate pedestrian travel from vehicular travel and that such separation is necessary to protect the public safety or otherwise to serve the public interest and convenience. The Legislative Assembly further …
376.715 Construction of Pedestrian Mall Law; validity of proceedings
ORS 376.705 to 376.825 and all of their provisions shall be liberally construed to the end that their purpose may be effective. Any proceedings taken pursuant to ORS 376.705 to 376.825 shall not be held invalid for failure to comply with the provisions of ORS 376.705 to 376.825, if the acts done and proceedings taken are not invalid under the state or feder…
376.720 Powers of city with respect to pedestrian mall
The legislative body of a city shall have the power: To establish pedestrian malls. To prohibit, in whole or in part, vehicular traffic on a pedestrian mall. To pay, from general funds of the city or other available moneys or from the proceeds of assessments levied on lands benefited by the establishment of a pedestrian mall, the damages, if any, allowed …
376.725 Resolution for establishment of mall; general contents of resolution
When the legislative body shall determine that the public interest and convenience require the establishment of a pedestrian mall and that vehicular traffic will not be unduly inconvenienced thereby, it may adopt a resolution declaring its intention to establish such pedestrian mall. Such resolution shall contain: The determination and declaration referred …
376.730 Description of proposed mall and intersecting streets
In such resolution any street may be described by referring thereto by its lawful or official name, or the name by which it is commonly known, and the pedestrian mall, the mall intersections and the intersecting streets may be described by reference to a map or plat thereof on file in the office of the city recorder.
376.735 Contents of resolution when landowners to be paid for damages by assessments on benefited property
In such resolution the legislative body may propose to pay the whole or any part of damages based on claims filed pursuant to ORS 376.755 (2), if any, allowed or awarded to any property owner by reason of the establishment of the pedestrian mall from the proceeds of assessments levied upon lands benefited by the establishment of the pedestrian mall. In such …
376.740 Contents of resolution when improvements are proposed
If, in connection with the initial establishment of a pedestrian mall, the legislative body proposes to make any improvements of the kind or type referred to in ORS 376.720 (1)(d), such resolution shall also contain: A general description of the improvements proposed to be made. Such description may be made (but is not required to be made) in any manner per…
376.745 Resolution to be published and posted
The resolution of intention shall be published in a newspaper of general circulation published within the county, city or city and county, as the case may be. The first publication shall be not less than 60 days prior to the date fixed therein for hearing. In a city where no such newspaper is published, the resolution shall instead be so published in a newsp…
376.750 Copies of resolution to be mailed to affected persons
A copy of the resolution shall be mailed, postage prepaid, not less than 60 days prior to the hearing to each person to whom any of the following described lands is assessed as shown on the last equalized assessment roll, at the address of the person as shown upon such roll, and to any person, whether owner in fee or having a lien upon, or legal or equitable…
376.755 Objections to mall; claims for damages; right to damages not created
Not later than the hour set for hearing any interested person may, severally or with others, file with the city recorder written objection to the establishment of the proposed pedestrian mall or to the extent of any district described pursuant to ORS 376.735, or both. Any protest or objection may be withdrawn at any time by written notice of such withdrawal …
376.760 Effect of objections by landowners
If the owners of lands abutting on the proposed pedestrian mall representing 10 percent of the frontage on the proposed pedestrian mall have made written objection to the establishment of the proposed pedestrian mall, the legislative body shall so find and shall terminate the proceedings for such establishment. In such event no proceeding under ORS 376.705 t…
376.765 Changing boundaries when assessments to be levied under ORS 376.735; notice; objections
If assessments are to be levied as contemplated by ORS 376.735, then at the hearing the legislative body may change the boundaries of the proposed district by adding thereto land which in its opinion will be benefited by the establishment of the pedestrian mall or by excluding from the district lands which in its opinion will not be so benefited. If the legi…
376.770 Allowing claims for damages; payment
At the hearing on the resolution of intention the legislative body may allow any claim for damages made pursuant to ORS 376.755 (2). Any such allowance shall be for the full amount of damages claimed in the written claim except that the legislative body, with the written consent of the claimant, may allow a claim for a lesser amount. The right of any claima…
376.775 Hearing objections, claims and protests; waiver; decision; continuations
At the hearing all objections and protests shall be heard and considered, and all claims shall be heard and considered. Any objections or protests, whether to the things proposed by the resolution of intention or to any changes proposed pursuant to ORS 376.765, not made at the time and in the manner provided by ORS 376.705 to 376.825 are deemed voluntarily …
376.780 Resolution after hearing; fixing boundaries
Following the conclusion of the hearing, the legislative body shall by resolution either abandon the proceeding taken pursuant to ORS 376.705 to 376.825 or determine that the pedestrian mall shall be established. If assessments are to be levied as contemplated by ORS 376.735, then in the resolution provided for in subsection (1) of this section, the legisla…
376.785 Judicial proceedings to determine unsettled claims for damages; satisfaction prior to traffic prohibition
If following the hearing the legislative body shall determine that the pedestrian mall shall be established, and if at that time there remain any written claims for damages which have not been allowed pursuant to ORS 376.770 or which have not been withdrawn, the legislative body shall direct that an action or actions be brought in the circuit court of the co…
376.790 Assessment of damages and other expenses against benefited lands
After all claims for damages filed pursuant to ORS 376.755 (2) have been finally determined, by allowance by the legislative body, by withdrawal, or by a judgment in an action or actions brought pursuant to ORS chapter 35, and the full amount of damages to be paid has accordingly been finally determined, all or part of the total amount of such damages (but n…
376.795 Manner of assessment; sale of bonds representing unpaid assessments
Such assessment may be levied and bonds to represent unpaid assessments issued and sold substantially in the manner provided in ORS 223.005 to 223.105 and 223.205 to 223.930, and to the extent applicable, such law shall govern as to the preparation of the assessment, the lands subject to assessment, the hearing upon the assessment and the notice thereof, the…
376.800 Special fund for payment of damages and expenses; use of surplus
All collections of assessments and all proceeds of the sale of bonds issued upon unpaid assessments shall be placed in a special fund and used exclusively for the payment of the damages, if any, and expenses for which the assessments were levied. If there is a surplus in such special fund, the legislative body may expend such surplus for the improvement or …
376.805 Payment of damages and other expenses from sources other than assessments and bonds
Notwithstanding the fact that the proceedings under ORS 376.705 to 376.825 have provided that assessments are to be levied as contemplated by ORS 376.735, the legislative body, at any time and either before or after the adoption of the resolution provided for in ORS 376.780 (1), may determine that such assessments shall not be levied. In lieu thereof the leg…
376.810 Ordinance establishing mall; contents
Following the adoption of the resolution provided for in ORS 376.780 (1), and as soon as moneys have been fully provided for the payment of all claims, if any, allowed pursuant to ORS 376.770, and for the payment of all damages and compensation, if any, awarded in any action or actions brought pursuant to ORS chapter 35, the legislative body may adopt an ord…
376.815 Adoption of ordinance; payment of claims, damages and compensation
Such ordinance shall be adopted and published in the manner, and shall take effect, as provided by law or charter for other ordinances of the city. Such ordinance shall be subject to referendum in the same manner as other ordinances of the city. No payment of allowed claims or damages or compensation awarded by any court shall be made until such ordinance i…
376.820 Jurisdiction over mall; abandonment or modification
Proceedings under ORS 376.705 to 376.825 and the adoption of such ordinance notwithstanding, the city and its legislative body shall retain its police powers and other rights and powers relating to the city streets constituting a part of the pedestrian mall. No action taken pursuant to ORS 376.705 to 376.825 shall be interpreted or construed to be a vacation…
376.825 Improvements on mall; payment of costs
The city and its legislative body shall have the power to improve a pedestrian mall as provided in ORS 376.720 (1)(d), and for the accomplishment, in whole or in part, of that purpose may use ORS 223.005 to 223.105 and 223.205 to 223.930 or any similar special assessment law. Any work or improvement permitted by such statutes shall be deemed to be work or im…
376.990 Penalties
Operation of a motor vehicle by any person over a contract forest road in violation of the contract provisions as to equipment, weight, width, length or height, is a Class A misdemeanor. The definitions in ORS 376.310 apply to this section. Violation by any person of any of the provisions of ORS 376.305 to 376.390 is a Class A misdemeanor. _______________