1 B. Condemnation Authority <br />2 Petitioners concede that ORS 223.930 grants the city the authority to condemn <br />3 property outside city limits to acquire a street right-of-way. 4 However, petitioners argue that <br />4 the city's authority under ORS 223.930 is subject to two express limitations. First, <br />5 petitioners argue that ORS 223.930(1) requires that the city, and not the land use applicant, <br />6 must construct the street. The city cannot rely on ORS 223.930 in the present case, <br />7 petitioners contend, because it is clear that intervenor and not the city will construct the <br />8 "roadway." <br />9 Second, petitioners argue, that ORS 223.930(1) limits the city's right to condemn <br />10 under that statute to "roadways" as defined by the Oregon Vehicle Code. According to <br />11 petitioners, the Oregon Vehicle Code definition of "roadway" and related definitions specify <br />12 that the right-of-way must be used or intended for use by the "general public." See <br />13 ORS 801.450 (defining "roadway" as the "portion of a highway that is improved, designed or <br />14 ordinarily used for vehicular traffic"; and ORS 801.305 (defining "highway" in turn as a <br />15 public way, road, street, etc. that is "used or intended for use of the general public for <br />16 vehicles or vehicular traffic"). Because the emergency vehicle access can be accessed only <br />17 by emergency vehicles, petitioners argue, it is not open for "use of the general public" and <br />18 thus not a "highway" or "roadway." <br />19 The city responds that it is common to require developers to construct public roads <br />20 necessary to serve the proposed development, and that ORS 223.930(1) does not limit the <br />21 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 />* I, <br />Page 9 <br />