Oregon § 376.197 Way of necessity to historic cemeteries

Oregon Statutes

§ 376.197 — Way of necessity to historic cemeteries

Oregon § 376.197

Vol.10

Title 31Highways, Roads, Bridges and Ferries

Ch. 376Ways of Necessity; Special Ways; Pedestrian Malls

This text of Oregon § 376.197 (Way of necessity to historic cemeteries) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 376.197 (2026).

Text

(1)Notwithstanding any other provision of ORS 376.150 to 376.200, a way of necessity for nonmotorized conveyance is established to any parcel that meets the criteria described in ORS 308A.125.

(2)(a) Notwithstanding any other provision of ORS 376.150 to 376.200, a way of necessity is established to a historic cemetery listed in accordance with the provisions of ORS 97.782.

(b)The way of necessity established under paragraph (a) of this subsection shall:

(A)Be designated by the owner of the land over which the way of necessity passes; and

(B)Be accessible, at reasonable times to be designated by the property owner for visitation, maintenance or research purposes, to the owner of the historic cemetery, to descendants of those persons buried in the historic cemetery and to persons interes

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(1) Notwithstanding any other provision of ORS 376.150 to 376.200, a way of necessity for nonmotorized conveyance is established to any parcel that meets the criteria described in ORS 308A.125.
(2)(a) Notwithstanding any other provision of ORS 376.150 to 376.200, a way of necessity is established to a historic cemetery listed in accordance with the provisions of ORS 97.782.
(b) The way of necessity established under paragraph (a) of this subsection shall:
(A) Be designated by the owner of the land over which the way of necessity passes; and
(B) Be accessible, at reasonable times to be designated by the property owner for visitation, maintenance or research purposes, to the owner of the historic cemetery, to descendants of those persons buried in the historic cemetery and to persons interested in historical research. The reasonableness of the times designated by the property owner shall be based on the need of the property owner to make use of the property and the need of the historic cemetery visitors for family visitation, maintenance or research access to the historic cemetery.