Property Rights

ORS 105.590
Penalty for intentional violation of restraining order


An intentional violation of a restraining order, preliminary injunction or order of abatement under ORS 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities) is a Class B misdemeanor. [1989 c.846 §9; 1999 c.168 §9; 2011 c.597 §159]

Notes of Decisions

Under Former Similar Statute (Ors 465.160)

Provision of prospective equitable relief from continuation of nuisances does not circumvent criminal statutes and thereby deny constitutional rights available under such statutes. State ex rel Haas v. Club Recreation, 41 Or App 557, 599 P2d 1194 (1979), Sup Ct review denied

§§ 105.550 to 105.600

Notes of Decisions

Under Former Similar Statutes (Ors 465.110 to 465.180)

As the state has valid interest in prohibiting illegal uses of property and proper safeguards exist, abatement proceedings do not amount to an unconstitutional taking of property. State ex rel Haas v. Club Recreation, 41 Or App 557, 599 P2d 1194 (1979), Sup Ct review denied

Atty. Gen. Opinions

In General

Exemption of nuisance laws from constitutional requirement for payments based on government regulations restricting use of property, (2001) Vol 49, p 284

Chapter 105

Atty. Gen. Opinions

Private process server in a forcible entry and detainer action, (1975) Vol 37, p 869


Source

Last accessed
Jun. 26, 2021