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 the transportation of logs or the raw products of the forest. If such
person, firm or corporation is unable to agree with the owners of the land over
which the logging railroad is necessary, as to the amount of compensation to be
paid therefor, such person, firm or corporation has the right to condemn so
much of the land necessary for the logging railroad, road or ways as may be
necessary for the use thereof, and may maintain the suit for condemnation in
the circuit court of the county wherein the lands are located. No land shall be
taken until compensation has been assessed and tendered.
Notes of Decisions
Moore Mill & Lumber Co. v. Foster, 337 P.2d 810 (Or. 1959).
· cites it 13× “" Section 2 of the act, as it appears in ORS 376.510, provides: "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 the transportation of logs or the raw products of the forests.”
Friends of Yamhill Cnty. v. City of Newberg, 247 P.3d 767 (Or. Ct. App. 2011).
“Foster, 216 Or 204, 235 , 336 P2d 39 (1959) (“It is our belief that the word ‘necessary,’ as used in Art I, § 18, means ‘reasonably necessary’ as that term is employed in ORS 376.510. We further believe that the meaning of the term ‘reasonably necessary’ is indicated with…”
Friends of Yamhill Cty. v. City of Newberg, 247 P.3d 767 (Or. Ct. App. 2011).
“I, § 18, means `reasonably necessary' as that term is employed in ORS 376.510. We further believe that the meaning of the term `reasonably necessary' is indicated with sufficient clarity by its context.”
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