Bradley v. State

Plaintiffs1 filed a petition for a way of necessity to acquire road access to their landlocked property over state land owned by the Oregon Department of Forestry (ODF) near the coast in Clatsop County. A plaintiff who seeks a way of necessity over state-owned land cannot receive road access unless the state grants permission for the way of necessity under ORS 376.185. ORS 376.180(11). In turn, ORS 376.185 provides that the state “shall not unreasonably withhold” the required consent for a way of necessity. ODF denied plaintiffs its consent due to its concerns that the access road would harm…