Chapter 364 Oregon Laws 2001

AN ACT

HB 2594

Relating to ways of necessity to pioneer cemeteries; amending ORS 376.197.

Whereas the care accorded human remains of deceased persons reflects respect and regard for human dignity as well as cultural, spiritual and religious values; and

Whereas human remains and burial objects are a part of the finite, irreplaceable and nonrenewable cultural and historical heritage of the people of the State of Oregon; and

Whereas the equal and innate dignity of every human being is promoted by the respectful treatment of human remains consistent with the identifiable ethnic, cultural and religious affiliations of the deceased individual; now, therefore,

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 376.197 is amended to read:

376.197. (1) Notwithstanding any other provision of ORS 376.150 to 376.200, a way of necessity for nonmotorized conveyance is established to any parcel that meets the criteria described in ORS 308A.125.

(2)(a) Notwithstanding any other provision of ORS 376.150 to 376.200, a way of necessity is established to a pioneer cemetery listed in accordance with the provisions of ORS 97.782.

(b) The way of necessity established under paragraph (a) of this subsection shall:

(A) Be designated by the owner of the land over which the way of necessity passes; and

(B) Be accessible, at reasonable times to be designated by the property owner for visitation, maintenance or research purposes, to the owner of the pioneer cemetery, to descendants of those persons buried in the pioneer cemetery and to persons interested in historical research. The reasonableness of the times designated by the property owner shall be based on the need of the property owner to make use of the property and the need of the pioneer cemetery visitors for family visitation, maintenance or research access to the pioneer cemetery.

Approved by the Governor June 13, 2001

Filed in the office of Secretary of State June 13, 2001

Effective date January 1, 2002

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