1. (1) A way of necessity may not be established under ORS 376.150 to 376.200 across land owned by the state or a political subdivision of the state without the consent of the governing body of the political subdivision or of the appropriate agency of the state. The governing body of a political subdivision of this state and any agency of the state shall not unreasonably withhold consent required under this subsection.

2. (2) Whenever a way of necessity is sought over land owned by the state or a political subdivision of the state, a copy of the petition for the way of necessity, of the county report and of the notice of hearing shall be forwarded by certified mail to:

   1. (a) If the political subdivision owns the land, the governing body of the political subdivision.
   2. (b) If the state owns the land, to the Department of State Lands and to each agency of the state that has use or control of the land.

[1979 c.862 §7; 1993 c.98 §17]