Chapter 11.60
WAYS OF NECESSITY
Sections:
11.60.020 Removal of jurisdiction.
11.60.010 Purpose.
ORS 376.200 provides that a county governing body may adopt an ordinance removing itself from jurisdiction over the establishment of ways of necessity under ORS 376.150 through 376.200. If a county governing body adopts such an ordinance, the circuit court of that county has jurisdiction over the establishment of ways of necessity in the county. The creation of a statutory way of necessity is fundamentally judicial in nature, due to the adversarial relationship between the party seeking the way of necessity and the party opposing the imposition of the way of necessity. The circuit court is best suited to resolving disputes between adverse parties. Thus, the public welfare is best served by transferring jurisdiction over the creation of ways of necessity from the county board of commissioners to the circuit court, in accordance with ORS 376.200. [Ord. 1165 § 1, 2002.]
11.60.020 Removal of jurisdiction.
The Marion County board of commissioners removes itself from jurisdiction over the establishment of ways of necessity under ORS 376.150 through 376.200. [Ord. 1165 § 2, 2002.]