Scenic Waterways

ORS 390.669
Action by state or any person to abate public nuisance

  • temporary restraining order or preliminary injunction
  • compensation to public

(1)

In addition to any enforcement action taken under ORS 390.663 (Investigation of violation within ocean shore), civil proceedings to abate alleged public nuisances under ORS 390.661 (Improvement without permit or contrary to permit conditions as public nuisance) may be instituted in the name of the State of Oregon upon relation of the State Parks and Recreation Director or by any person in the person’s name.

(2)

Before beginning any action under subsection (1) of this section, a person other than the director shall provide to the director 60 days’ notice of the intended action. A person other than the director may not begin an action under subsection (1) of this section if the director has commenced and is diligently prosecuting civil, criminal or administrative proceedings in the same matter.

(3)

The director may institute an action in the name of the State of Oregon for a temporary restraining order or preliminary injunction if a threatened or existing public nuisance under ORS 390.661 (Improvement without permit or contrary to permit conditions as public nuisance) creates an emergency that requires immediate action to protect the public health, safety or welfare. The director shall not be required to furnish a bond in such proceeding.

(4)

The State Parks and Recreation Commission, the State Parks and Recreation Director and the employees or duly authorized representatives of the State Parks and Recreation Department shall not be liable for any damages a defendant may sustain as a result of an injunction, restraining order or abatement order issued under this section.

(5)

A case filed under this section shall be given preference on the docket over all other civil cases except those given an equal preference by statute.

(6)

In any action brought under this section, the plaintiff may seek and the court may award a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from an existing public nuisance under ORS 390.661 (Improvement without permit or contrary to permit conditions as public nuisance). Any money received by the plaintiff under this subsection shall be deposited in an account of the State Parks and Recreation Department for use by the department in administering the ocean shore program. [1999 c.373 §15]
§§ 390.610 to 390.770

Atty. Gen. Opinions

Effect of constitutional provision requiring payments based on government regulations restricting use of property, (2001) Vol 49, p 284

Law Review Citations

20 EL 1001 (1990); 35 WLR 183 (1999)

Source

Last accessed
Jun. 26, 2021

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