Witten v. Murphy

This is a proceeding to establish a statutory way of necessity. ORS 376.150-376.200. The county court granted petitioners a way across defendants’ land. The Circuit Court affirmed, ORS 376.175(4), and defendants appeal. The question is whether petitioners have carried their burden to show that they have no “existing enforceable access to a public road,” 376.180(8), and that they could not “acquire an easement for access to a public road through other legal action.” ORS 376.180 (9). We review de novo, ORS 5.120(2) and ORS 19.125(3), and affirm.

Petitioners and defendants separately own several…