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Or. Rev. Stat. § 376.150

Definitions for ORS 376.150 to 376.200

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      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]

Notes of Decisions
Cited in 23 cases (4 in the last 5 years), 1983–2026 · leading case: Morgan v. Hart
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Morgan v. Hart (1997) or · cites it 11× “ORS 376.150 to 376.195. However, ORS 376.”
R & C. RANCH, LLC v. Kunde (2001) orctapp · cites it 2× “Plaintiff brought this action to establish a prescriptive easement or, in the alternative, a statutory way of necessity under ORS 376.150 et seq. across defendant’s property.”
King v. Clements (1996) orctapp · cites it 6× “In November 1992, plaintiffs filed an action alleging alternative claims for declaration of a prescriptive easement or imposition of a way of necessity pursuant to ORS 376.150 et seq. 1 Defendants were among the persons over whose property the alleged easement or way of…”
Bradley v. State (2014) orctapp · cites it 5× “Statutory way of necessity When a landowner has no means of vehicle access to a public road from his or her property, the landowner may petition for a way of necessity across another’s property to gain road access pursuant to ORS 376.150 to 376.200. That is the case here.”
Petroff v. Williams (2010) orctapp · cites it 5× “Ways of necessity are governed by ORS 376.150 to 376.200. A “way of necessity,” as pertinent here, is a “road established under ORS 376.”
Pike v. Wyllie (1990) orctapp · cites it 20× “ORS 376.150 to 376.200. The county court denied the petition.”
Wels v. Hippe (2015) orctapp · cites it 2× “See ORS 376.150 - 376.200 (ways of necessity).”
Thomas Creek Lumber v. Dept. of Forestry (2023) orctapp · cites it 3× “ORS 376.150; ORS 376.175; ORS 376.180; ORS 376.”
Chambers v. Disney (1983) orctapp · cites it 2× “[1] The trial judge concluded that he could not consider plaintiffs' alternative claim for a way of necessity, because a way of necessity established under ORS 376.150 et seq. may not be established if the petitioner could acquire an easement for access to a public road through…”
Friends of Parrett Mountain v. Northwest Natural Gas Co. (2003) or “” ORS 376.150(1) (emphasis added). “ ‘State highway,’ ‘highway’ or ‘state highway system’ means the entire width between the boundary lines of the right of way of every state highway, as defined by ORS *113 366.”
Nice v. Priday (1997) orctapp · cites it 4× “In this action for a statutory way of necessity, ORS 376.150 to ORS 376.200, 1 we must determine whether the trial court erred in granting defendants’ motion for summary judgment on the ground that plaintiffs’ action is barred by the doctrine of claim preclusion.”
Pike v. Wyllie (1990) orctapp · cites it 4× “Any determination with respect to a way of necessity, including, apparently, a decision on appeal, must comply with the provisions of ORS 376.150 to ORS 376.200. Even if our decision on de novo review, ORS 5.”
Show all 23 citing cases →
— Or. Rev. Stat. § 376.150(1) — 3 cases
Friends of Parrett Mountain v. Northwest Natural Gas Co. (2003) or “” ORS 376.150(1) (emphasis added). “ ‘State highway,’ ‘highway’ or ‘state highway system’ means the entire width between the boundary lines of the right of way of every state highway, as defined by ORS *113 366.”
Pike v. Wyllie (1990) orctapp “ORS 376.150 to 376.200. The county court denied the petition.”
Chapman v. Perron (1984) orctapp
— Or. Rev. Stat. § 376.150(2) — 3 cases
Pike v. Wyllie (1990) orctapp “ORS 376.150 to 376.200. The county court denied the petition.”
Witten v. Murphy (1984) orctapp
Chapman v. Perron (1984) orctapp
— Or. Rev. Stat. § 376.150(2)(a) — 4 cases
Petroff v. Williams (2010) orctapp “Ways of necessity are governed by ORS 376.150 to 376.200. A “way of necessity,” as pertinent here, is a “road established under ORS 376.”
Robertson v. City of Turner (2003) orctapp
Petroff v. Williams (2010) orctapp
Tyska v. Prest (1999) orctapp
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