Malheur Supp. L. R. 5.095

As amended through June 11, 2024

Rule 5.095 - WAY OF NECESSITY

In way of necessity cases filed under ORS Chapter 367, the following procedure shall be followed:

(1) In addition to the service of the petition as required by law, petitioner shall cause a copy of the petition to be served on the county engineer by certified mail, return receipt requested.

(2) Upon receipt of the petition, the county engineer, any licensed civil engineer or designated registered surveyor shall, within 30 days, prepare and file with the clerk of the court the report required by ORS 376.160.

(3) Upon receipt of the engineer's report, the clerk shall cause copies thereof to be mailed forthwith to petitioner and any persons upon whom the original petition was served. If the engineer's report includes any alternative route over land owned by person, other than those served by the original petition, petitioner shall forthwith cause a copy of the petition, a summons, and the engineer's report to be served upon such owner in the manner provided for the service of the original petition.

(4) Petitioner shall, at the time of filing the original petition, deposit with the County such sum as required by the County as a deposit on expenses to be incurred by the county or other persons as the result of the petition and action thereon.

Malheur Supp. L. R. 5.095

Amended effective 2/1/2024.