Oregon Revised Statutes

Or. Rev. Stat. § 376.185 (2026)

Way of necessity over public land

✓ current as of May 2026

Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

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]

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2014–2023 · leading case: Bradley v. State, 324 P.3d 504 (Or. Ct. App. 2014).

Sort: Relevance Newest Treatment

Bradley v. State, 324 P.3d 504 (Or. Ct. App. 2014). · cites it 13× “A plaintiff who seeks a way of necessity over state-owned land cannot receive road access unless the state grants permission for the way of necessity under ORS 376.185. ORS 376.180(11). In turn, ORS 376.”

Thomas Creek Lumber v. Dept. of Forestry, 537 P.3d 615 (Or. Ct. App. 2023). · cites it 6× “In turn, ORS 376.185 provides that the state “shall not unreasonably withhold” consent to the petition.”

Thomas Creek Lumber v. Dept. of Forestry (Or. Ct. App. 2023). · cites it 6× “In turn, ORS 376.185 provides that the state “shall not unreasonably withhold” consent to the petition.”

— Or. Rev. Stat. § 376.185(1) — 3 cases

Bradley v. State, 324 P.3d 504 (Or. Ct. App. 2014). “A plaintiff who seeks a way of necessity over state-owned land cannot receive road access unless the state grants permission for the way of necessity under ORS 376.185. ORS 376.180(11). In turn, ORS 376.”

Thomas Creek Lumber v. Dept. of Forestry, 537 P.3d 615 (Or. Ct. App. 2023). “In turn, ORS 376.185 provides that the state “shall not unreasonably withhold” consent to the petition.”

Thomas Creek Lumber v. Dept. of Forestry (Or. Ct. App. 2023). “In turn, ORS 376.185 provides that the state “shall not unreasonably withhold” consent to the petition.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.