MorePosted By Judson Coppock on 3/19/2009 at 7:12 PM
1888 Road petition to County Court asks for a county road to be created with a 40 foot wide ROW. I looked at the original and the request was clear. 4 months later the county court ordered that this road be declared a county road with no mention of ROW width, again I looked up the filed court minutes and there was no ROW width given in the order. Now, Oregon law says that any county road created between 27 January 1854 and 21 May 1889, if a ROW width is not given in the document that created the road, then the ROW width by statute shall be 60 feet wide. Does the petition have any bearing? The county wants additional ROW if the width is 40 feet to make the total of a 60 foot width. I am leaning towards using the statutory 60 feet because the petition was only a request to create the road. Opinions please.
jud
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1888 Road petition to County Court asks for a county road to be created with a 40 foot wide ROW. I looked at the original and the request was clear. 4 months later the county court ordered that this road be declared a county road with no mention of ROW width, again I looked up the filed court minutes and there was no ROW width given in the order. Now, Oregon law says that any county road created between 27 January 1854 and 21 May 1889, if a ROW width is not given in the document that created the road, then the ROW width by statute shall be 60 feet wide. Does the petition have any bearing? The county wants additional ROW if the width is 40 feet to make the total of a 60 foot width. I am leaning towards using the statutory 60 feet because the petition was only a request to create the road. Opinions please.
jud
To read the rest of this thread go to www.i-boards.com/bnp/pob/messages.asp?MsgID=1383910&ThreadID=131330&IsResponse=False#1383910
