ORS 30.949
Action for hindering, impairment or obstruction of forest practice on state forestland

(1)

As used in this section:

(a)

“Access road” means a road owned or maintained by the State Forestry Department.

(b)

“Forest practice” has the meaning given that term in ORS 527.620 (Definitions for ORS 527.610 to 527.770).

(c)

“State forestland” means:

(A)

Forestland acquired under ORS 530.010 (State Board of Forestry authorized to acquire lands) to 530.040 (Exchange of forestland or timber); and

(B)

Common School Forest Lands and Elliott State Forest Lands managed under ORS 530.490 (Management, control and protection of Common School Forest Lands and Elliott State Forest).

(2)

A private entity that contracts with the State Forestry Department to perform a forest practice has a right of action for the amount of actual damages against any person that, while on state forestland or an access road on state forestland, intentionally commits an act that hinders, impairs or obstructs or is an attempt to hinder, impair or obstruct, the performance of the forest practice by the private entity. A court shall award a plaintiff prevailing under this section reasonable attorney fees and costs.

(3)

If the contract between the private entity and the department provides for the private entity to perform forest practices in a defined area of state forestland that lies in more than one county, venue for a cause of action under this section is proper in any county containing part of the area of state forestland defined by the contract terms in effect on the date the cause of action arose.

(4)

An action under this section must be commenced within two years after the date of the act giving rise to the cause of action. [2013 c.461 §1]
Source
OR Legislature
Last accessed
May. 15, 2020
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