Oregon Statutes - Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls

• 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...
• 376.105   [Repealed by 1979 c.862 §12]
• 376.110   [Repealed by 1979 c.862 §12]
• 376.115   [Repealed by 1979 c.862 §12]
• 376.120   [Repealed by 1979 c.862 §12]
• 376.125   [Repealed by 1979 c.862 §12]
• 376.130   [Repealed by 1979 c.862 §12]
• 376.135   [Repealed by 1979 c.862 §12]
• 376.140   [Repealed by 1971 c.743 §432]
• 376.145   [Repealed by 1979 c.862 §12]
• 376.150   Definitions for ORS 376.150 to 376.200.
  As used in ORS 376.150 to 376.200: (1) “Public road” means the entire right of way of any road over which the public has the...
• 376.155   Petition to establish way of necessity; contents; requirements.
  (1) 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...
• 376.160   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...
• 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...
• 376.170   Filing of answer by landowner; reply to answer by petitioner.
  (1) 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...
• 376.175   Order granting or denying way of necessity; contents; liability for costs; appeal.
  (1) 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...
• 376.180   Conditions for way of necessity.
  A way of necessity established under ORS 376.150 to 376.200 shall: (1) Be located to cause the least possible damage to land across which it...
• 376.185   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...
• 376.190   Responsibility for maintenance of way of necessity; alteration limited.
  (1) 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...
• 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...
• 376.197   Way of necessity to historic cemeteries.
  (1) 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...
• 376.200   Transfer of jurisdiction over establishment of ways of necessity to circuit court; local court rules; procedure after transfer.
  (1) 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...
• 376.205   [Repealed by 1981 c.153 §79]
• 376.210   [Repealed by 1981 c.153 §79]
• 376.215   [Repealed by 1981 c.153 §79]
• 376.220   [Repealed by 1981 c.153 §79]
• 376.305   Policy and purpose of Act.
  (1) It is declared that a substantial part of the forest resources of this state are now left unharvested and are lost by reason of...
• 376.310   Definitions for ORS 376.305 to 376.390.
  As used in ORS 376.305 to 376.390: (1) “Forest road” means any county or public road, or part thereof, outside the corporate limits of a...
• 376.315   Application to become forest road contractor.
  (1) Any logging operator desiring to become a forest road contractor may make application to the county court having jurisdiction and control over a forest...
• 376.320   Hearing on application; posting, publishing, serving and proof of notice.
  (1) The county court shall: (a) Fix a date for hearing the application. (b) Cause a notice of the hearing to be posted at the...
• 376.325   Signing and contents of notice.
  The notice of hearing shall be signed by the county clerk and shall state: (1) The date the application was filed. (2) The name of...
• 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...
• 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...
• 376.340   Bond and insurance of forest road contractor.
  (1) 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...
• 376.345   Contents of forest road contract.
  Every contract entered into pursuant to ORS 376.305 to 376.390 shall: (1) Describe the road and the termini thereof. (2) Specify the width of the...
• 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.
  (1) During such term as may be specified in the contract, the forest road contractor and agents and subcontractors of the forest road contractor have...
• 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...
• 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...
• 376.370   Supervision over forest road work by roadmaster.
  (1) All improvement and maintenance work done pursuant to a forest road contract shall be under the supervision of the county roadmaster of the contracting...
• 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...
• 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...
• 376.385   Paying over fines, penalties and forfeited security deposits to county treasurer.
  All fines and penalties collected, or security deposits forfeited, under ORS 376.990, shall be paid by the court or judicial officer collecting the same to...
• 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...
• 376.505   Filing statement of route and bond; right of entry.
  (1) Any person, firm or corporation that requires land for transportation of the raw products of the forest may file with the county clerk of...
• 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...
• 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...
• 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...
• 376.520   Condemnation procedure.
  Procedure for condemnation under ORS 376.505 to 376.540 shall be as set forth in ORS chapter 35. [Amended by 1971 c.741 §23]
• 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...
• 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...
• 376.535   Use of appropriated property; reversion on disuse.
  (1) 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...
• 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...
• 376.605   [Amended by 1971 c.741 §26; repealed by 2001 c.388 §1]
• 376.610   [Repealed by 1981 c.153 §79]
• 376.615   [Repealed by 1981 c.153 §79]
• 376.620   Skyline, logging line, ferry skyline or cable footbridge; authorization and regulation by land board.
  (1) When authorized by the Department of State Lands, it is lawful for any person, firm or corporation to construct, maintain and operate a skyline,...
• 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. (1) “City” includes every county,...
• 376.710   Legislative findings; short title.
  (1) The Legislative Assembly hereby finds and declares that in certain areas in cities, and particularly in retail shopping areas thereof, there is need to...
• 376.715   Construction of Pedestrian Mall Law; validity of proceedings.
  (1) ORS 376.705 to 376.825 and all of their provisions shall be liberally construed to the end that their purpose may be effective. (2) Any...
• 376.720   Powers of city with respect to pedestrian mall.
  (1) The legislative body of a city shall have the power: (a) To establish pedestrian malls. (b) To prohibit, in whole or in part, vehicular...
• 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...
• 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...
• 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...
• 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...
• 376.745   Resolution to be published and posted.
  (1) The resolution of intention shall be published in a newspaper of general circulation published within the county, city or city and county, as the...
• 376.750   Copies of resolution to be mailed to affected persons.
  (1) A copy of the resolution shall be mailed, postage prepaid, not less than 60 days prior to the hearing to each person to whom...
• 376.755   Objections to mall; claims for damages; right to damages not created.
  (1) Not later than the hour set for hearing any interested person may, severally or with others, file with the city recorder written objection to...
• 376.760   Effect of objections by landowners.
  (1) If the owners of lands abutting on the proposed pedestrian mall representing 10 percent of the frontage on the proposed pedestrian mall have made...
• 376.765   Changing boundaries when assessments to be levied under ORS 376.735; notice; objections.
  (1) 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...
• 376.770   Allowing claims for damages; payment.
  (1) 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...
• 376.775   Hearing objections, claims and protests; waiver; decision; continuations.
  (1) At the hearing all objections and protests shall be heard and considered, and all claims shall be heard and considered. (2) Any objections or...
• 376.780   Resolution after hearing; fixing boundaries.
  (1) 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...
• 376.785   Judicial proceedings to determine unsettled claims for damages; satisfaction prior to traffic prohibition.
  (1) If following the hearing the legislative body shall determine that the pedestrian mall shall be established, and if at that time there remain any...
• 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...
• 376.795   Manner of assessment; sale of bonds representing unpaid assessments.
  (1) 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...
• 376.800   Special fund for payment of damages and expenses; use of surplus.
  (1) All collections of assessments and all proceeds of the sale of bonds issued upon unpaid assessments shall be placed in a special fund and...
• 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...
• 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...
• 376.815   Adoption of ordinance; payment of claims, damages and compensation.
  (1) Such ordinance shall be adopted and published in the manner, and shall take effect, as provided by law or charter for other ordinances of...
• 376.820   Jurisdiction over mall; abandonment or modification.
  (1) 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...
• 376.825   Improvements on mall; payment of costs.
  (1) 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...
• 376.990   Penalties.
  (1) Operation of a motor vehicle by any person over a contract forest road in violation of the contract provisions as to equipment, weight, width,...

Last modified: August 7, 2008