Property Rights

ORS 105.688
Applicability of immunities from liability for owner of land

  • restrictions


(1)

Except as specifically provided in ORS 105.672 (Definitions for ORS 105.672 to 105.696) to 105.696 (Duty of care or liability not created), the immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) apply to:

(a)

All land, including but not limited to land adjacent or contiguous to any bodies of water, watercourses or the ocean shore as defined by ORS 390.605 (Definitions);

(b)

All roads, bodies of water, watercourses, rights of way, buildings, fixtures and structures on the land described in paragraph (a) of this subsection;

(c)

All paths, trails, roads, watercourses and other rights of way while being used by a person to reach land for recreational purposes, gardening, woodcutting or the harvest of special forest products, that are on land adjacent to the land that the person intends to use for recreational purposes, gardening, woodcutting or the harvest of special forest products, and that have not been improved, designed or maintained for the specific purpose of providing access for recreational purposes, gardening, woodcutting or the harvest of special forest products; and

(d)

All machinery or equipment on the land described in paragraph (a) of this subsection.

(2)

The immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) apply to land if the owner transfers an easement to a public body to use the land.

(3)

Except as provided in subsections (4) to (7) of this section, the immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) do not apply if the owner makes any charge for permission to use the land for recreational purposes, gardening, woodcutting or the harvest of special forest products.

(4)

If the owner charges for permission to use the owner’s land for one or more specific recreational purposes and the owner provides notice in the manner provided by subsection (8) of this section, the immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) apply to any use of the land other than the activities for which the charge is imposed. If the owner charges for permission to use a specified part of the owner’s land for recreational purposes and the owner provides notice in the manner provided by subsection (8) of this section, the immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) apply to the remainder of the owner’s land.

(5)

The immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) for gardening do not apply if the owner charges more than $25 per year for the use of the land for gardening. If the owner charges more than $25 per year for the use of the land for gardening, the immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) apply to any use of the land other than gardening. If the owner charges more than $25 per year for permission to use a specific part of the owner’s land for gardening and the owner provides notice in the manner provided by subsection (8) of this section, the immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) apply to the remainder of the owner’s land.

(6)

The immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) for woodcutting do not apply if the owner charges more than $75 per cord for permission to use the land for woodcutting. If the owner charges more than $75 per cord for the use of the land for woodcutting, the immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) apply to any use of the land other than woodcutting. If the owner charges more than $75 per cord for permission to use a specific part of the owner’s land for woodcutting and the owner provides notice in the manner provided by subsection (8) of this section, the immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) apply to the remainder of the owner’s land.

(7)

The immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) for the harvest of special forest products do not apply if the owner makes any charge for permission to use the land for the harvest of special forest products. If the owner charges for permission to use the owner’s land for the harvest of special forest products, the immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) apply to any use of the land other than the harvest of special forest products. If the owner charges for permission to use a specific part of the owner’s land for harvesting special forest products and the owner provides notice in the manner provided by subsection (8) of this section, the immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) apply to the remainder of the owner’s land.

(8)

Notices under subsections (4) to (7) of this section may be given by posting, as part of a receipt, or by such other means as may be reasonably calculated to apprise a person of:

(a)

The limited uses of the land for which the charge is made, and the immunities provided under ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) for other uses of the land; or

(b)

The portion of the land the use of which is subject to the charge, and the immunities provided under ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products) for the remainder of the land. [1995 c.456 §4; 1999 c.872 §7; 2001 c.206 §1; 2009 c.532 §2; 2010 c.52 §2]

Notes of Decisions

Under Former Similar Statutes (Ors 105.655 to 105.680)

Provisions in these sections exempting landowners from liability for injuries suffered by persons engaged in recreational use for which they paid no fee, apply to United States as landowner. O'Neal v. United States, 814 F2d 1285 (1987)

In General

Term "charge" connotes both fees to enter land and fees to use land as long as that use entails moving over or on land for recreational purposes. Coleman v. Oregon Parks and Recreation Dept., 347 Or 94, 217 P3d 651 (2009)

Law Review Citations

In General

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