reglab/housing_qa huggingface dataset:
OR Rev Stat § 376.175 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 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. (2) Any order entered under this section shall: (a) State whether the way of necessity is granted or denied; (b) Declare as established any way of necessity that is granted; (c) Describe the exact location and width of any way of necessity established; (d) Describe those uses that are permitted on any way of necessity established; (e) Direct the petitioner to pay costs and reasonable attorney fees incurred by each owner of land whose land was subject to the petitioner’s action for a way of necessity under ORS 376.150 to 376.200; (f) Establish the amount of compensation due to any owner of land across which any way of necessity has been established and direct the petitioner to pay the compensation; and (g) Establish the costs incurred by the county in the procedures for the way of necessity under ORS 376.150 to 376.200 and direct the petitioner to reimburse the county for those costs not already paid by petitioner. (3) An order entered under subsections (1) and (2) of this section to provide for utility service, as set forth in ORS 376.150 (2)(b), shall conform to affected utility policy and standards. (4) A petitioner shall pay any costs the petitioner is directed to pay under an order issued under this section within 60 days after entry of the order. The petitioner is liable for any costs not paid within the time established in this subsection. If more than one landowner joins in a petition for a way of necessity under ORS 376.155, every petitioner granted use of the way of necessity shall be jointly and severally liable for any costs ordered to be paid. (5) Any party to the action for a way of necessity may contest any part of the order of the county governing body in an appeal filed with the circuit court within 30 days after entry of the order of the county governing body. [1979 c.862 §5; 1989 c.674 §2; 1991 c.936 §3]
OR Rev Stat § 376.180 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 is located; (2) Be fenced or gated if required by the county governing body; (3) 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; (4) Be established only for uses in connection with the property for which the way of necessity is sought; (5) Not be subject to any use that is not described in the order establishing the way of necessity; (6) Not exceed 30 feet in width unless authorized by the county governing body for engineering purposes; (7) Not be connected to a public road where the rights of access to the road have been acquired by the state or a county unless the state or governing body of the county grants permission for the connection; (8) Not be established if the property for which the way of necessity is sought has an existing enforceable access to a public road; (9) Not be established if the petitioner for the way of necessity could acquire an easement for access to a public road through other legal action; (10) Not be established for land that has been subdivided or partitioned in violation of ORS chapter 92; (11) Not be established over land owned by the state or a political subdivision of the state unless permission is granted for the way of necessity under ORS 376.185; and (12) Not be established for any land if the owner of the land had knowingly eliminated access to all public roads from the land by the sale of other land owned by the landowner. [1979 c.862 §6; 1991 c.936 §5; 1993 c.18 §91]
OR Rev Stat § 376.185 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 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]
OR Rev Stat § 376.190 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 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 necessity. (2) A way of necessity established under ORS 376.150 to 376.200 shall not be altered or vacated except by the governing body of the county in which it is located and in a manner provided by law for the alteration or vacation of a public road. (3) No county shall be required to work, improve, maintain or repair a way of necessity. [1979 c.862 §8; 1991 c.936 §5]
OR Rev Stat § 376.195 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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. [1979 c.862 §9]
OR Rev Stat § 376.197 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 criteria described in ORS 308A.125. (2)(a) 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 97.782. (b) The way of necessity established under paragraph (a) of this subsection shall: (A) Be designated by the owner of the land over which the way of necessity passes; and (B) Be accessible, at reasonable times to be designated by the property owner for visitation, maintenance or research purposes, to the owner of the historic cemetery, to descendants of those persons buried in the historic cemetery and to persons interested in historical research. The reasonableness of the times designated by the property owner shall be based on the need of the property owner to make use of the property and the need of the historic cemetery visitors for family visitation, maintenance or research access to the historic cemetery. [1999 c.314 §46; 2001 c.364 §1; 2003 c.173 §9]
OR Rev Stat § 376.200 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 the establishment of ways of necessity under ORS 376.150 to 376.200. (2) If the county governing body adopts an ordinance described in subsection (1) of this section, the circuit court of that county shall have jurisdiction of the establishment of ways of necessity for that county. Except as otherwise provided in this section, a court with jurisdiction of the establishment of ways of necessity under this section shall follow the procedures for establishment of a way of necessity provided under ORS 376.150 to 376.200. The court may adopt local court rules to supplement the procedures provided under ORS 376.150 to 376.200. (3) Notwithstanding ORS 376.175, if jurisdiction for establishment of ways of necessity is in the circuit court as provided under this section, an appeal from the decision of the court shall be to the Court of Appeals. (4) Notwithstanding ORS 376.160 (1), if jurisdiction for establishment of ways of necessity is in the circuit court as provided under this section, upon filing a petition the petitioner shall: (a) Provide for service of the petition on all persons owning land across which the way of necessity could be located; and (b) Post a bond or security deposit with the court clerk in an amount required by the court to pay for the cost of the investigation and report under subsection (5) of this section. (5) If jurisdiction for establishment of ways of necessity is in the circuit court as provided under this section, upon receipt of a petition the court shall appoint a person to investigate the proposed way of necessity and submit a written report to the court and the petitioner. The cost of the investigation and report shall be charged against the bond or security deposit posted under subsection (4) of this section. If the bond or security deposit is more than the actual cost of the investigation and report, the difference shall be refunded to the petitioner. If the bond or security deposit is less than the actual cost of the investigation and report, the petitioner shall pay to the county governing body the amount of the deficiency. A judgment of the court shall not become final until the full cost of the investigation and report has been paid. (6) Notwithstanding ORS 376.160 (3), if jurisdiction for establishment of ways of necessity is in the circuit court as provided under this section, upon receipt of the report under subsection (5) of this section, the petitioner shall 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 petition or report. [1979 c.862 §10; 1995 c.265 §1]
OR Rev Stat § 376.305 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 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 counties of this state are unable to construct, improve and maintain so as to enable their safe and economical use for such purposes. (2) It is declared to be the public policy of this state to conserve and develop its natural resources, to encourage and facilitate the transportation of products of the forest and the salvage and utilization of such products now being wasted, and to develop and improve certain county and other public roads for such purposes.
OR Rev Stat § 376.310 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 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. (2) "Contract forest road" means a forest road improved or maintained pursuant to a contract made under ORS 376.305 to 376.390. (3) "Logging operator" means any person having the right to cut and remove timber or forest products in this state, or who is engaged or desirous of engaging in this state in the transportation of forest products, by motor vehicle, to market or processing plant. (4) "Forest road contractor" means a logging operator who has entered into a contract under ORS 376.305 to 376.390 to improve or maintain, or improve and maintain, a contract forest road. (5) "Motor vehicle" includes any motor vehicle with or without a trailer or semitrailer. (6) "Person" means any person, firm or corporation, or group or combination thereof.
OR Rev Stat § 376.315 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 road, to improve or maintain, or improve and maintain, such road. (2) The application shall set forth: (a) A description of the road and the termini thereof. (b) If the applicant proposes to improve the road, a general statement of the improvements proposed to be made. (c) If the applicant proposes to maintain the road, a general description of the maintenance work proposed to be done. (3) The application shall be verified and signed by the applicant and filed in the office of the county clerk, together with an affidavit showing service thereof, either personally, by registered mail or by certified mail with return receipt, on the Public Utility Commission and on the Department of Transportation. [Amended by 1991 c.249 §29]
OR Rev Stat § 376.320 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 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. (c) Cause notice of the hearing to be published in a newspaper published in the county and having general circulation therein, but if there is no such newspaper published in the county, then in any newspaper having general circulation in the county, for not less than once a week for two weeks immediately prior to the date set for the hearing. (2) A copy of the notice shall be served personally, by registered mail or by certified mail with return receipt on the Public Utility Commission and on the Department of Transportation at least 15 days prior to the date set for hearing. (3) Proof that the notice has been posted and served shall be made by affidavit and filed in the proceeding. [Amended by 1991 c.249 §30]
OR Rev Stat § 376.325 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 the applicant. (3) The description of the forest road proposed to be improved or maintained, or both. (4) The proposal for improvement or maintenance, or both, as set forth in the application. (5) The time and place of hearing. (6) That all persons interested may appear and be heard for or against the application.
OR Rev Stat § 376.330 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 the Public Utility Commission and the Department of Transportation. The county clerk shall file in the proceeding the certificate of such service. [Amended by 1991 c.249 §31]
OR Rev Stat § 376.335 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 for improvement or maintenance as contained in the application.
OR Rev Stat § 376.340 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 bond in an amount to be fixed by the county court. (2) 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 operation and the operation of agents and subcontractors of the forest road contractor in the improvement, maintenance and use of the contract forest road in any amount that may be fixed in the contract, but the public liability insurance shall be for an amount of not less than $50,000 for bodily injuries to or death of one person and, subject to that minimum amount for each person, not less than $100,000 for bodily injuries to or death of more than one person in any one accident, and the property damage insurance shall be for an amount of not less than $5,000 for injury to or destruction of property in any one accident. [Amended by 1953 c.370 §5; 1957 c.650 §14; 1983 c.740 §121]
OR Rev Stat § 376.345 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 roadbed and contain reasonably complete specifications, prepared by the county roadmaster or other competent person, of the improvement and maintenance work to be done. (3) Specify the time within which the improvement work other than maintenance shall be completed. (4) Contain such provisions pertaining to maintenance as may be agreed upon by the parties. (5) Obligate the forest road contractor to furnish all labor and materials required for the work the contractor has contracted to do. (6) Provide that the same rights and privileges on the contract forest road as are available to the forest road contractor are available to any other logging operator: (a) Upon approval by the county court; (b) Upon the logging operator furnishing insurance as provided in ORS 376.340; (c) Upon the logging operator reimbursing the forest road contractor for an equitable portion of the construction costs, if any, borne by the forest road contractor; and (d) Upon the equitable sharing of the logging operator with the forest road contractor in the costs of maintaining the road, provision being made for either the specific rates therefor per 1,000 feet board measure of timber or equivalent of forest products transported over the road or, in the alternative, a formula for determining such rates with a provision for arbitration under ORS 36.600 to 36.740, in the event of disagreement between the forest road contractor and another logging operator respecting the application of the formula. [Amended by 2003 c.598 §41]
OR Rev Stat § 376.350 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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.
OR Rev Stat § 376.355 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 the right and privilege to: (a) 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. (b) Transport forest products upon such motor vehicles over the road, with loads limited as to gross weights, axle load weights, tire load weights, and load dimensions and heights only as specified in the contract. (2) Whenever any forest road contractor operates any motor vehicle having a size or weight prohibited by or in excess of the limitations contained in any law pertaining to state highways, on a contract forest road which crosses a state highway, the Department of Transportation may adopt rules and regulations and issue permits for said motor vehicle to cross said state highway in the use of such contract forest road. Such rules and regulations and such permits may include, but need not be limited to, provisions for reinforcing and strengthening the highway and for the installation of signs and signals, and such other requirements as the Department of Transportation may deem necessary for the preservation of the highway and for the safety and best interest of the public. All construction and installations under such permits shall be under the supervision of the Department of Transportation and at the expense of the forest road contractor. [Amended by 1953 c.370 §5]
OR Rev Stat § 376.360 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls|Section 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 or section of forest road covered by the contract, and at such other places as may be necessary to inform and warn the public.