ORS 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 necessity and to submit a written report to the county governing body.

The report under subsection (1) of this section shall include:

Possible alternate routes for ways of necessity to the property;

A determination of whether the proposed way of necessity meets the requirements under ORS 376.150 to 376.200;

The reasonableness of the way of necessity proposed in the petition; and

A recommendation for a specific location and width for a way of necessity.

Upon receipt of the report under subsection (2) of this section, the county governing body shall:

Provide a copy of the report to the petitioner; and

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.

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.