71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1355
 
                           A-Engrossed
 
                         House Bill 2594
                   Ordered by the Senate May 1
             Including Senate Amendments dated May 1
 
Sponsored by Representative WILLIAMS (at the request of Charlotte
  Benz and Karen Wells)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Establishes way of necessity to certain pioneer cemeteries.
Sets conditions for use.
 
                        A BILL FOR AN ACT
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. + }
                         ----------