Land Usehttp://orop.com/Community/blogs/landuse/atom.aspxCommunity Server2009-09-21T14:21:00ZEasementshttp://orop.com/Community/blogs/landuse/archive/2011/09/28/easements.aspx2011-09-28T22:46:00Z2011-09-28T22:46:00Z<p>Easements can be a source for
friction between neighboring property owners. Obviously the more specific the
terms, conditions, and location of the easement, the less opportunity for
debate between the parties. Something that is often overlooked is the care and
maintenance of the easement. For those having an interest in a road, a well-crafted
road maintenance agreement by one of our local attorneys is worth a lot when
warring factions cannot find a consensus of opinion. However, there is a provision
in ORS 105.175 that provides that<b><i> "Failure to record the agreement shall
not affect the enforceability of the agreement among the parties to the
agreement and any other person with actual notice of the agreement."</i></b> It further provides that the allocation of
those maintenance costs may be appropriated taking into account the frequency
of use, distance of use, the size and weight of the vehicles used. While this
works well in <i>normal and customary circumstance</i><b> </b>the statute also goes on to
state: <i> <b>"Those holders of an interest in the easement that are responsible for
damage to the easement because of negligence or abnormal use shall repair the
damage at their sole expense." </b></i> Hopefully
this can take out some of the drama that can electrify a potentially divisive
situation. </p><p> Curt Johnson SIOR <br></p><img src="http://orop.com/Community/aggbug.aspx?PostID=70" width="1" height="1">orophttp://orop.com/Community/members/orop.aspxGroundwater Usehttp://orop.com/Community/blogs/landuse/archive/2009/09/21/groundwater-use.aspx2009-09-21T21:21:00Z2009-09-21T21:21:00Z<p class="MsoPlainText">The Water Resources Department has initiated a public
rulemaking process</p>
<p class="MsoPlainText">related to the implementation of provisions in SB 788 for
recording exempt</p>
<p class="MsoPlainText">groundwater use with the Oregon Water Resources
Department (OAR Chapter 690,</p>
<p class="MsoPlainText">Division 190).<span> </span></p>
<p class="MsoPlainText"><o:p> </o:p></p>
<p class="MsoPlainText">This is to notify you that the public comment period has
been extended by</p>
<p class="MsoPlainText">the Department to October 15, 2009 (by 5:00 pm).<span> </span>In addition, the</p>
<p class="MsoPlainText">Department has scheduled public hearings on September
22nd in Salem,</p>
<p class="MsoPlainText">September 29th in Pendleton and September 30th in
Bend.<span> </span>Please note that at</p>
<p class="MsoPlainText">each of the public hearings, and prior to the formal
hearing, the Department</p>
<p class="MsoPlainText">will provide time for an informal question and answer
session to allow</p>
<p class="MsoPlainText">people in attendance an opportunity to ask agency staff
questions about the</p>
<p class="MsoPlainText">proposed rules.</p>
<p class="MsoPlainText"><o:p> </o:p></p>
<p class="MsoPlainText">The draft rules and Notice of Open Comment Period and
Rulemaking Hearing can</p>
<p class="MsoPlainText">be found at <a href="http://www1.wrd.state.or.us/cgi-bin/notices.pl?oar_notices">http://www1.wrd.state.or.us/cgi-bin/notices.pl?oar_notices</a></p><img src="http://orop.com/Community/aggbug.aspx?PostID=56" width="1" height="1">TerryDhttp://orop.com/Community/members/TerryD.aspx