reglab/housing_qa huggingface dataset:
OR Rev Stat § 374.334 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 374 - Control of Access to Public Highways|Section 374.334 - Access management strategy; rules.

(1) As used in this section: (a) "Access management strategy" means a project delivery strategy developed by the Department of Transportation, in collaboration with cities, counties and owners of real property abutting a state highway in the affected area, that identifies the location and type of public and private approaches and other necessary improvements that are planned to occur primarily in the highway right of way and that are intended to improve current conditions on the section of highway by moving in the direction of the objective standards described in ORS 374.311, subject to safety and highway operations concerns. (b) "Project" means a highway improvement project or highway modernization project included in the Statewide Transportation Improvement Program. (2) The Department of Transportation shall develop an access management strategy for each project. In developing an access management strategy, the department shall engage affected real property owners when: (a) Establishing the methodology by which private approaches will be considered for modification, relocation or closure; or (b) The department proposes to acquire all rights of access to a segment of the state highway. (3) Within 21 days after the department finalizes the methodology by which private approaches will be considered for modification, relocation or closure, an affected real property owner may request a review of the methodology through: (a) A collaborative discussion as established by the department by rule; or (b) The Access Management Dispute Review Board established under ORS 374.360. (4) If a facility plan, as defined in ORS 374.331, is created for a project, the facility plan must include a sufficient level of detail to identify the location of the private approaches affected by the project. (5) The department shall work with the cities, counties, highway users and real property owners affected by a project to: (a) Identify deficiencies with each highway segment impacted by a project; and (b) Establish the long-term vision for each highway segment impacted by a project that would guide the scope and design of improvements within the highway segment. (6) The following apply to all projects that include modification, relocation or closure of existing private approaches to a state highway: (a) The location of intersecting county roads and city streets shall be consistent with the city and county transportation system plans or shall be determined and agreed upon through collaborative discussion between the department and the cities and counties affected by the project. (b) The department shall determine the location of private approaches in the access management strategy in collaboration with affected real property owners using a collaborative discussion as established by the department by rule. [2013 c.476 §5]
OR Rev Stat § 374.335 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 374 - Control of Access to Public Highways|Section 374.335 - Driving certain motor vehicles across public highway not considered operation on highway.

Where any private road crosses or is crossed by a public highway, the operation of a motor vehicle across the public highway or upon the public highway for a distance of not more than 1,200 feet in the use of the private road is not subject to ORS 811.450, 815.155, 815.160, 815.170, 818.020, 818.060, 818.090, 818.110, 818.160, 818.300, 818.320, 818.340, 818.350, 818.400 and ORS chapter 825, provided such vehicle or vehicle use is: (1) Subject to a permit issued pursuant to ORS 374.308, 374.309 or 374.310, or such vehicle or vehicle use is authorized by the owner of the property subject to the permit; or (2) A farm tractor or implement of husbandry. [Formerly 374.265; 1971 c.391 §1; 1983 c.338 §923; 1987 c.158 §66; 2011 c.330 §11; 2013 c.476 §7]
OR Rev Stat § 374.340 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 374 - Control of Access to Public Highways|Section 374.340 - Cattle crossings under public road.

Any person owning, using or occupying lands on both sides of any public road is entitled to the privilege of making a crossing under the road for the purpose of letting the person’s cattle and other domestic animals cross the road. A crossing may be installed as provided under ORS 374.302 to 374.334. [Formerly 374.270; 1981 c.153 §74]
OR Rev Stat § 374.345 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 374 - Control of Access to Public Highways|Section 374.345 - Rules regarding turning onto state highway from approach road.

The Department of Transportation shall adopt rules regulating the procedures and circumstances under which the department may restrict turning movements onto a state highway from an approach road for which a permit was issued under ORS 374.308 or 374.310 when the restriction is not required by contract, condemnation judgment, recorded deed or permit. [1999 c.972 §4; 2013 c.476 §8]
OR Rev Stat § 374.350 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 374 - Control of Access to Public Highways|Section 374.350 - Process for appeal of decisions regarding access to highways.

The Department of Transportation shall establish a process through which persons affected by decisions of the department regarding access to highways may appeal the decisions. [1999 c.686 §3]
OR Rev Stat § 374.355 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 374 - Control of Access to Public Highways|Section 374.355 - Dispute resolution procedures; rules.

There is created a set of dispute resolution procedures governing an appeal of the Department of Transportation’s decision regarding an approach permit or the removal or modification of an approach. The procedures described in this section include but are not necessarily limited to notice, guarantee of an impartial tribunal, burden of proof and admission and weight of evidence, as follows: (1) Decisions by the department to deny an application, to deny a deviation or to approve an application with mitigation measures are appealable by the applicant or permit holder. An applicant or permit holder may request a hearing. A hearing conducted under this subsection shall be conducted as a contested case hearing in accordance with ORS chapter 183. (2) In addition to requesting a hearing under subsection (1) of this section, an applicant or permit holder may request the following dispute resolution procedures to resolve issues relating to the department’s decision: (a) Collaborative discussion, as established by the department by rule; (b) Review by an Access Management Dispute Review Board established under ORS 374.360; or (c) Both. (3) The time required for a collaborative discussion or review by an Access Management Dispute Review Board process is in addition to the 120 days required for the department’s final decision under ORS 374.312. (4)(a) The department shall conduct a collaborative discussion within 45 days of the date the department receives a request from an applicant or permit holder for collaborative discussion unless the applicant or permit holder and the department agree to a longer amount of time. (b) The department shall conduct a review by an Access Management Dispute Review Board within 45 days of the date the department receives a request for a review by an Access Management Dispute Review Board from an applicant or permit holder unless the applicant or permit holder and the department agree to a longer amount of time. (5) A request for a dispute resolution procedure shall stay the time in which the department must issue a final decision for a concurrent contested case hearing. (6) If an agreement between the parties is reached using collaborative discussion, the Director of Transportation shall issue the written decision. The written decision is a binding agreement for the department and for the applicant or permit holder. (7) The decision pursuant to the collaborative discussion or the Access Management Dispute Review Board to approve, modify or reverse the department’s decision to approve an application for an approach permit with conditions, to modify or require mitigation measures of an existing approach permit, to deny an approach permit or to remove or modify an approach is a settlement offer and is not a decision that may be appealed. (8) The department may adopt rules for the dispute resolution procedures described under this section. [2011 c.330 §14]
OR Rev Stat § 374.360 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 374 - Control of Access to Public Highways|Section 374.360 - Access Management Dispute Review Board.

(1) If the applicant or permit holder of an approach permit requests a review by an Access Management Dispute Review Board under ORS 374.355, the Department of Transportation shall appoint an Access Management Dispute Review Board by selecting members for a board consisting of any or all of following: (a) The Director of Transportation or a designee of the director who is familiar with the location in which the disputed approach is located. (b) A representative of the local jurisdiction in which the disputed approach is located. (c) A traffic engineer who practices engineering in Oregon. (d) A representative from the economic or business sector. (2) The Access Management Dispute Review Board shall consider information presented by the parties and shall notify the applicant or permit holder and the director of its findings regarding the department’s original decision. (3) The director shall review the Access Management Dispute Review Board’s findings and may approve, modify or reverse the department’s original decision to approve an application for an approach permit with conditions, to modify or require mitigation measures for an existing approach permit, to deny the approach permit or to remove or modify an approach. (4) The director shall notify the applicant or permit holder in writing of the department’s determination following a review by an Access Management Dispute Review Board appointed under this section. [2011 c.330 §15]
OR Rev Stat § 374.405 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 374 - Control of Access to Public Highways|Section 374.405 - Access rights of property abutting on state highways.

No rights in or to any state highway, including what is known as right of access, shall accrue to any real property abutting upon any portion of any state highway constructed, relocated or reconstructed after May 12, 1951, upon right of way, no part of the width of which was acquired prior to May 12, 1951, for public use as a highway, by reason of the real property abutting upon the state highway.
OR Rev Stat § 374.410 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 374 - Control of Access to Public Highways|Section 374.410 - Department of Transportation to prescribe access rights of abutting property.

In connection with any acquisition of real property for right of way of any state highway, the Department of Transportation shall prescribe and define the location, width, nature and extent of any right of access that may be permitted by the department to pertain to real property described in ORS 374.405.
OR Rev Stat § 374.415 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 374 - Control of Access to Public Highways|Section 374.415 - Action to prevent entering or leaving state highways in manner not authorized.

The Department of Transportation may commence and prosecute to final determination any suit, action or proceeding in the name of the state by and through the department, which in its judgment is necessary to enjoin and prevent any person, whether acting individually or by agent, from entering upon or departing from any state highway mentioned in ORS 374.405, at any location, for any use or in any manner not authorized by any grant of a right of access, as provided in ORS 374.410.
OR Rev Stat § 374.420 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 374 - Control of Access to Public Highways|Section 374.420 - County throughways; rights of abutting property owners.

(1) The county court or board of county commissioners may acquire by purchase, agreement, donation or exercise of the power of eminent domain, fee title or any interest in real property, including easements of air, view, light and access, which is necessary for the construction of a throughway or the establishment of a section of an existing county road as a throughway. (2) When right of way is acquired for a throughway after August 13, 1965, no rights in or to the throughway, including what is known as right of access, accrue to real property merely because the property abuts upon that part of the right of way so acquired. This subsection also applies to right of way acquired, prior to August 13, 1965, pursuant to ORS 374.420 to 374.430 (1963 Replacement Parts). (3) "Throughway," as used in this section, means a proposed or existing county road especially designed for through traffic, which has been designated by resolution of the county court or board of county commissioners as a throughway, over, from or to which owners or occupants of abutting land or other persons have no easement of access or only a limited easement of access, light, air or view, merely because of the fact that their property abuts upon the throughway or for any other reason. [Amended by 1965 c.364 §1]
OR Rev Stat § 374.425 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 374 - Control of Access to Public Highways|Section 374.425 - County court to prescribe access rights of abutting property.

In connection with the acquisition of real property for right of way for a throughway described in ORS 374.420, the county court or board of county commissioners may prescribe the location, width, nature and extent of any right of access that pertains to such real property. [Amended by 1965 c.364 §2]
OR Rev Stat § 374.430 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 374 - Control of Access to Public Highways|Section 374.430 - Action to prevent entering or leaving county roads in unauthorized manner.

The county court or board of county commissioners may commence and prosecute to final determination any suit, action or proceeding which in its judgment is necessary to enjoin and prevent any person, whether acting individually or by agent, from entering upon or departing from any throughway under its jurisdiction, mentioned in ORS 374.420, at any location, for any use or in any manner not authorized by any grant of a right of access, as provided in ORS 374.425. [Amended by 1965 c.364 §3]
OR Rev Stat § 374.990 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 374 - Control of Access to Public Highways|Section 374.990 - Penalty for violation of ORS 374.305 or rule adopted under ORS 374.309 or 374.310.

In addition to the liability for expenses under ORS 374.307 and 374.320, violation of ORS 374.305 or of any rule or regulation adopted under ORS 374.309 or 374.310 is a misdemeanor. [1955 c.424 §6; 2011 c.330 §12]
OR Rev Stat § 376.005 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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.
OR Rev Stat § 376.150 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 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. (2) "Way of necessity" means: (a) A road established under ORS 376.150 to 376.200 to provide motor vehicle access from a public road to land that would otherwise have no motor vehicle access; (b) A route established under ORS 376.150 to 376.200 to provide utility service access from an existing service location to a service point that would otherwise have no utility service access; or (c) A route established under ORS 376.150 to 376.200 to provide a continuation of preexisting sewer service to land that has access to a public road. [1979 c.862 §1; 1989 c.674 §1; 2009 c.318 §1]
OR Rev Stat § 376.155 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 in which the land is located. (2) A petition filed under this section shall contain a drawing and a narrative statement that contain all of the following information: (a) The location and legal description of the property to be served by the proposed way of necessity. (b) The location of all public roads located in the vicinity of the property to be served by the proposed way of necessity that are capable of being used to provide access to the property. The petition shall include the location of public roads that are not open for public use. (c) A specific proposed location for the proposed way of necessity. (d) Evidence showing the necessity for the establishment of a way of necessity. (e) Evidence that either: (A) The proposed way of necessity does not connect to a public road that has access rights acquired and limited by the state or county; or (B) If the public road proposed for access by way of necessity has the limited access rights, the state or county is willing to grant permission to connect the proposed way of necessity to the public road. (f) Evidence that the proposed way of necessity may be connected to the public road safely. (g) Evidence that the specific location proposed for the way of necessity is the nearest practicable point for connection to a way of necessity to a public road. (h) The names and addresses of the persons owning the land across which the way of necessity could be located. (i) The petitioner’s proposal for the amount of compensation to persons owning land across which the way of necessity is proposed to be located. (j) Evidence that the petitioner does not have an existing easement or right to an easement to provide access to a public road. (k) Evidence that the petitioner does not have any enforceable access to a public road. (L) If the petition is to establish a way of necessity described in ORS 376.150 (2)(c), evidence that: (A) A publicly owned sewer line does not exist in the portion of any public road adjacent to the land; and (B) The land is located in a jurisdiction that has adopted and implemented a public sewer extension program designed to make public sewers available to land lacking access to a public sewer line in the portion of a public road adjacent to the land. [1979 c.862 §2; 1991 c.936 §2; 2009 c.318 §2]
OR Rev Stat § 376.157 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 376.157 - Continuation of preexisting sewer service.

(1) A way of necessity that provides a continuation of preexisting sewer service to land that has access to a public road: (a) 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 the land. (b) May not be approved in circumstances where the abandonment of an existing private sewer line connection is necessitated by permitted development or redevelopment. (2) Compensation paid by the owner of the benefited land to the owner of the land burdened by the way of necessity must reflect the temporary duration of ways of necessity approved under ORS 376.175. [2009 c.318 §4]
OR Rev Stat § 376.160 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 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]
OR Rev Stat § 376.165 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 is required by the governing body, the deposit may be used to pay expenses and shall be deducted from the expenses ordered to be paid under ORS 376.175. [1979 c.862 §3a]
OR Rev Stat § 376.170 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 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. An answer shall be filed with the county governing body. The county governing body shall provide for service of the answer upon the petitioner in the manner provided for service of summons in an action at law. (2) If an answer is filed under this section, the petitioner may file a reply controverting any matter presented in the answer. A reply filed under this section must be filed within 10 days after receipt of service of the answer by the petitioner. A reply shall be filed with the county governing body. The county governing body shall provide for service of the reply upon the person filing the answer in the manner provided for service of summons in an action at law. [1979 c.862 §4]