• <br />1 <br />B. Condemnation Authority <br />2 <br />Petitioners concede that ORS 223.930 grants the city the authority to condemn <br />3 <br />property outside city limits to acquire a street right-of-way.4 However, petitioners argue that <br />4 <br />the city's authority under ORS 223.930 is subject to two express limitations. First, <br />5 <br />petitioners argue that ORS 223.930(1) requires that the city, and not the land use applicant, <br />6 <br />must construct the street. The city cannot rely on ORS 223.930 in the present case, <br />7 <br />petitioners contend, because it is clear that intervenor and not the city will construct the. <br />8 <br />"roadway." <br />9 <br />Second, petitioners argue, that ORS 223.930(1) limits the city's right to condemn <br />10 <br />under that statute to "roadways" as defined by the Oregon Vehicle Code. According to <br />11 <br />petitioners, the Oregon Vehicle Code definition of "roadway" and related definitions specify <br />12 <br />that the right-of-way must be used or intended for use by the "general public." See <br />13 <br />ORS 801.450 (defining "roadway" as the "portion of a highway that is improved, designed or <br />• <br />14 <br />ordinarily used for vehicular traffic"; and"ORS 801.305 (defining "highway" in turn as a <br />15 <br />Public way, road, street, etc. that is "used or intended for use of the general public for <br />16 <br />vehicles or vehicular traffic"). Because the emergency vehicle access can be accessed. only <br />17 <br />by emergency vehicles, petitioners argue, it is not open for "use of the general public" and <br />18 <br />thus not a "highway" or "roadway." <br />19 <br />The city responds that it is common to require.developers to construct public roads <br />20 <br />necessary to serve the proposed development, and that ORS 223.930(1) does not limit the <br />21 <br />city's condemnation powers to public streets that the city directly constructs, improves, <br />4 ORS 223.930(1) provides, in relevant part: <br />"Any city may construct, improve, maintain and repair any street the roadway of which, as <br />defined in the Oregon Vehicle Code, is along' or along and partly without, or partly within <br />and. partly without the boundaries of the city and may acquire, within and without the <br />boundaries of such city, such rights of way as may be required for such street by donation or <br />purchase or by condemnation in the same manner as provided in ORS 223.005 to 223.105 <br />• Page 9 <br />231 <br />351 <br />