Property Rights

ORS 105.672
Definitions for ORS 105.672 to 105.696


As used in ORS 105.672 (Definitions for ORS 105.672 to 105.696) to 105.696 (Duty of care or liability not created):

(1)

“Charge”:

(a)

Means the admission price or fee requested or expected by an owner in return for granting permission for a person to enter or go upon the owner’s land.

(b)

Does not mean any amount received from a public body in return for granting permission for the public to enter or go upon the owner’s land.

(c)

Does not include the fee for a winter recreation parking permit or any other parking fee of $15 or less per day.

(2)

“Harvest” has that meaning given in ORS 164.813 (Unlawful cutting and transport of special forest products).

(3)

“Land” includes all real property, whether publicly or privately owned.

(4)

“Owner” means:

(a)

The possessor of any interest in any land, including but not limited to the holder of any legal or equitable title, a tenant, a lessee, an occupant, the holder of an easement, the holder of a right of way or a person in possession of the land;

(b)

An officer, employee, volunteer or agent of a person described in paragraph (a) of this subsection, while acting within the scope of assigned duties; and

(c)

A director, partner, general partner, shareholder, limited liability company member, limited liability partner or limited partner of a person described in paragraph (a) of this subsection.

(5)

“Recreational purposes” includes, but is not limited to, outdoor activities such as hunting, fishing, swimming, boating, camping, picnicking, hiking, nature study, outdoor educational activities, waterskiing, winter sports, viewing or enjoying historical, archaeological, scenic or scientific sites or volunteering for any public purpose project.

(6)

“Special forest products” has that meaning given in ORS 164.813 (Unlawful cutting and transport of special forest products).

(7)

“Woodcutting” means the cutting or removal of wood from land by an individual who has obtained permission from the owner of the land to cut or remove wood. [1995 c.456 §1; 2007 c.372 §1; 2009 c.532 §1; 2010 c.52 §1; 2017 c.449 §1]

Notes of Decisions

Person maintaining and operating improvements on land is "owner" of land. Brewer v. State Dept. of Fish and Wildlife, 167 Or App 173, 2 P3d 418 (2000), Sup Ct review denied

Use of land to gain access to recreational site on adjoining property is not use of land for recreational purposes. Liberty v. State Dept. of Transportation, 342 Or 11, 148 P3d 909 (2006)

Law Review Citations

89 OLR 725 (2010)

§§ 105.672 to 105.696

Law Review Citations

89 OLR 725 (2010)

§§ 105.672 to 105.700

Notes of Decisions

Where plaintiff was injured in City of Portland public park, individual city employees who were responsible for repairing, maintaining and operating improvements in park, which is land made available to public for recreational purposes, are not "owners" as used in Oregon Public Use of Lands Act, and so are not immune from liability for negligence. Johnson v. Gibson, 358 Or 624, 369 P3d 1151 (2016)

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