Conditions for way of necessity
Source:
Section 376.180 — Conditions for way of necessity, https://www.oregonlegislature.gov/bills_laws/ors/ors376.html
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Notes of Decisions
Under former similar statute
Way of necessity must be open to public use. Aylett v. Mardis, 59 Or App 109, 650 P2d 165 (1982), Sup Ct review denied
In general
Where petitioner’s land does not abut highway, this section requires petitioners to show they lack easement so as to show need for way of necessity. Witten v. Murphy, 71 Or App 511, 692 P2d 715 (1984), Sup Ct review denied
Where petitioners have existing enforceable access to public road, they are not entitled to way of necessity under this section, notwithstanding state of repair of such access. Pike v. Wyllie, 100 Or App 120, 785 P2d 764 (1990), Sup Ct review denied
Burden of showing inability to acquire easement for access through other legal action rests on petitioner. Tyska v. Prest, 163 Or App 219, 988 P2d 392 (1999)