Rule 2.101 - Way of Necessity(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 (or any licensed civil engineer or registered surveyor designated by him) shall, within thirty (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 forthwith mailed 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 persons 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 clerk $750.00 cash as a deposit on expenses to be incurred by the county or other persons as the result of the petition and action thereon. The $750.00 cash deposit may, in the exercise of the court's legal discretion, be refunded to the depositor in the event no expenses are incurred. Any filing fee required by law shall not be subject to return.Jackson Supp. L. R. 2.101
Amended effective 2/1/2024.