Actions and Suits in Particular Cases

ORS 30.937
Immunity from private action based on farming or forest practice allowed as preexisting nonconforming use

  • exceptions

(1)

No farming or forest practice allowed as a preexisting nonconforming use shall give rise to any private right of action or claim for relief based on nuisance or trespass.

(2)

Subsection (1) of this section shall not apply to a right of action or claim for relief for:

(a)

Damage to commercial agricultural products; or

(b)

Death or serious physical injury as defined in ORS 161.015 (General definitions).

(3)

Subsection (1) of this section applies only where a farming or forest practice existed before the conflicting nonfarm or nonforest use of real property that gave rise to the right of action or claim for relief.

(4)

Subsection (1) of this section applies only where a farming or forest practice has not significantly increased in size or intensity from November 4, 1993, or the date on which the applicable urban growth boundary is changed to include the subject farming or forest practice within its limits, whichever is later. [1993 c.792 §35; 1995 c.703 §4]
§§ 30.930 to 30.947

Law Review Citations

18 WLR 153 (1982); 47 EL 261 (2017)

Source

Last accessed
Jun. 26, 2021

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