45-80-Ordinance No. 82-45 Recorded 12/13/1982voL 4 PAS 8fl
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Removing
County Governing Body
Jurisdiction Over the
Establishment of Ways
Necessity, and Declar
Emergency.
the
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of
ing an * EC 13 1982
* ROSEMA
DESCHUTESRY PA yRSOM.
ORDINANCE NO. 82-045 T CLERK
WHEREAS, ORS 3760200 provides that a county governing body
may adopt an ordinance removing the governing body from juris-
diction of the statutory establishment of ways of necessity,
whereupon the Circuit Court would assume jurisdiction; and
WHEREAS, the Board of County Commissioners has determined
that ways of necessity proceedings require it to sit in a judicial
capacity concerning matters which would be better served by being
heard in Circuit Court; and
WHEREAS, the Board of County Commissioners has further
determined that it is in the best interest of the citizens of
Deschutes County that the Circuit Court have jurisdiction over the
statutory establishment of ways of necessity; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section le That Board of County Commissioners of Deschutes
County, Oregon is hereby removed from jurisdiction of the
statutory establishment of ways of necessity. The Circuit Court
of Deschutes County, Oregon, shall have jurisdiction of the
statutory establishment of ways of necessity pursuant to Section
10(2) of Oregon Laws 1979, Chapter 862 and ORS 376.200.
Section 20 Nothing in this Ordinance affects any proceedings
to establish a way of necessity if that proceeding is initiated
before the effective date of this Ordinance.
Section 3. This Ordinance being necessary for the immediate
preservation of public peace, health and safety, an emergency is
declared to exist, and this Ordinance takes effect on its passage.
1 - ORDINANCE NO. 82-045
45 pn-f-, 8-1
DATED this ° day of o , 1982,
BOARD OF COUNTY COMMISSIONERS
OF E UTEy~ COU T~ N
CLA Co SBEPAR , airman
ATTEST:
SUSAN STONEMAN
Recording Secretary
ALB v T A. YOUNG Commissier
C
ROB RT Ce PA LSON, JRe, mi sioner
2 - ORDINANCE NO. 82-045