Rule 2.101 - Way of NecessityIn way of necessity cases wherein a county has transferred jurisdiction to the Circuit Court under ORS Chapter 367, the following procedure will be followed:
(1) In addition to the service of the petition as, required by law, petitioner will 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) will, 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 will 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 will 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 must, at the time of filing the original petition, deposit with the clerk $750 cash as a deposit on expenses to be incurred by the county or other persons as the result of the petition and action there on. The $750 case deposit may, in the exercise of the court's legal discretion, be refunded to the depositor in the even no expenses are incurred. Any filing fee required by law will not be subject to return.Amended effective 2/1/2024.