ORS 477.089
Recovery for property damage

  • liability for firefighting costs

(1)

As used in this section:

(a)

“Economic and property damage” means the sum of:

(A)

The lesser of the difference in the fair market value of property immediately before and immediately after a wildfire or the cost of restoring property to the condition the property was in immediately before a wildfire; and

(B)

Any other objectively verifiable monetary losses.

(b)

“Fair market value” means the amount, as determined by a state certified appraiser, that a willing buyer would pay to a willing seller for property in an arm’s-length transaction if both parties were fully informed about all advantages and disadvantages of the property and neither party is acting under a compulsion to buy or sell.

(c)

“Forest tree species” means a tree species that is capable of producing logs, fiber or other wood materials that are suitable for the production of lumber, sheeting, pulp, firewood or other commercial forest products.

(d)

“State certified appraiser” means an individual who has been certified as a state certified appraiser under ORS 674.310 (Duties and powers of board) and is qualified to appraise the property that is the subject of a fair market value determination.

(e)

“Wildfire” means a fire that:

(A)

Results from a violation of this chapter or of rules adopted under ORS 526.016 (General duties) or 526.041 (General duties of State Forester); or

(B)

Originated on land used or capable of being used for growing forest tree species regardless of the existing use of the land.

(2)

Except as provided in ORS 477.092 (Liability for destruction of property by wildfire) and 477.095 (Applicability of ORS 477.068, 477.085 and 477.089), in a civil action for property damage caused by a wildfire, the recoverable damages are:

(a)

The amount of economic and property damages, if the wildfire did not occur as the result of recklessness, gross negligence, willfulness or malice; or

(b)

Twice the amount of economic and property damages, if the wildfire occurred as the result of recklessness, gross negligence, willfulness or malice.

(3)

Except as provided in ORS 477.095 (Applicability of ORS 477.068, 477.085 and 477.089) and subject to any other provision of this chapter limiting the recovery of fire fighting costs, a person who causes a wildfire is liable to any person or entity for the full amount of all expenses incurred by the person or entity in fighting the wildfire.

(4)

The remedies provided under this section are in addition to any available criminal or civil penalties that may be assessed for the violation of a statute or rule but, subject to Article I, section 10, of the Oregon Constitution, are the exclusive remedies for damages or injury to property caused by a wildfire. This subsection does not:

(a)

Prohibit the bringing of any cross claim, counterclaim or joinder of parties;

(b)

Prohibit the institution of a suit under ORS 496.705 (Damage suits for unlawful killing of wildlife) for the recovery of damages for the unlawful taking of wildlife; or

(c)

Affect the applicability of ORS 31.600 (Contributory negligence not bar to recovery) to an action.

(5)

This section does not create a new cause of action or alter any existing cause of action. [2013 c.307 §2]
Note: 477.089 (Recovery for property damage) and 477.092 (Liability for destruction of property by wildfire) were added to and made a part of ORS chapter 477 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 477.089 — Recovery for property damage; liability for firefighting costs, https://www.­oregonlegislature.­gov/bills_laws/ors/ors477.­html (accessed May 26, 2025).

477.001
Definitions 477.005
Policy 477.009
Investigative authority of Attorney General for fire protection administration 477.013
Smoke management plan 477.015
Definitions 477.025
Variability of wildland-urban interface fire protection problems 477.027
Establishment of classes of wildland-urban interface 477.062
Inadequately protected forestland declared nuisance 477.064
Uncontrolled fire declared nuisance 477.066
Duty of owner and operator to abate fire 477.067
Notice of fire 477.068
Liability for cost of abatement 477.069
Negligence in origin and in failure to control fire may be united in one complaint 477.085
Liability for cost of protecting land within a forest protection district 477.089
Recovery for property damage 477.092
Liability for destruction of property by wildfire 477.095
Applicability of ORS 477.068, 477.085 and 477.089 477.100
Ability of owner to suppress fire 477.120
Liability of owner or operator 477.123
Volunteer fighters of wildfires 477.125
Liability of forest protective associations, rangeland protection associations and public bodies 477.128
Expenditures for criminal defense related to fire suppression activities 477.150
Smoke detection cameras 477.155
Wildfire response capacity 477.161
Fire protection for lands outside forest protection districts 477.175
Definition of “all possible aid” for agreement 477.180
Ratification of amendment to agreement 477.185
Use of local fire protection resources 477.190
Authority of Governor to carry out agreement 477.195
Ratification of Northwest Wildland Fire Protection Agreement 477.200
Northwest Wildland Fire Protection Agreement 477.205
Definitions for ORS 477.205 to 477.281 477.210
Duty of owner to protect forestland 477.220
Lands not provided protection 477.225
Establishment and change of forest protection districts 477.230
Basis for computing cost of protection provided by forester 477.232
Costs in excess of budget 477.235
Forester to prepare tentative budget estimates for districts 477.240
Advisory and guidance committees 477.245
Owners entitled to be heard on budget matters 477.250
Notice of budget meeting 477.255
Holding of budget meeting 477.260
Appeal to board 477.265
Board to deal with budgets annually 477.270
Budgeted cost of forester to be lien 477.277
Additional assessment to maintain unencumbered balance of Oregon Forest Land Protection Fund 477.281
Limitation on obligation of landowner for fire protection 477.295
Minimum assessment under ORS 477.270 477.300
Use of funds in State Forestry Department Account for capital outlay expenditures of district 477.305
Forester to enforce prohibition against littering on forestland in districts 477.315
Definitions for ORS 477.315 to 477.325 477.317
State Forester assistance to rangeland protection association 477.320
Request of rangeland owners for protection 477.325
Budget for rangeland protection 477.355
Fire wardens generally 477.360
Duties of fire warden for forest protection district 477.365
Duties and powers of wardens 477.406
Cooperative contracts or agreements for forest protection or forest related activities 477.408
Provisions of contract or agreement 477.409
Contracts for off-season services for fire prevention and suppression personnel 477.410
Liability of parties 477.412
Disposition and use of moneys received by forester under contract or agreement 477.415
Definitions for ORS 477.440 to 477.460 477.440
Emergency Fire Cost Committee 477.445
Distribution of fire emergency funds by committee 477.450
Election of committee chairperson 477.455
Meetings of committee 477.460
Duties of administrator 477.490
Statewide wildfire hazard map 477.502
Landscape Resiliency Fund 477.503
Reduction of wildfire risk 477.504
No effect on management of private lands 477.505
State Forester may declare fire season in district 477.510
Acts prohibited during fire season 477.512
Additional acts prohibited during fire season 477.515
Permits required for fires on forestlands 477.520
Refusal, suspension or revocation of permits 477.532
Regional air quality authority’s functions limited 477.535
Forester may proclaim forestland subject to restricted uses 477.540
Notice of proclamation 477.545
Restricted uses during closure 477.550
Violation of restrictions 477.552
Policy 477.554
Program establishment 477.556
Advisory committee 477.558
Functions for advisory committee 477.560
Oregon Forest Smoke Management Account 477.562
Registration fee 477.565
Felling dead trees and snags 477.580
Determination of additional fire hazards 477.605
Enjoining violations of ORS 477.615 and 477.645 to 477.655 477.610
Standardization of fire-fighting equipment used to protect forestland 477.615
Additional water supply and equipment 477.625
Permit to use fire or power-driven machinery 477.630
Information in permit 477.635
Authority to issue, refuse, suspend or revoke permit 477.640
Use and refueling of power saws 477.645
Internal combustion engines 477.650
Stationary internal combustion engines 477.655
Fire-fighting tools and equipment at operation area and on trucks 477.660
Additional protection facilities or services at operation area 477.665
Fire watch service 477.670
When use of fire or power-driven machinery prohibited 477.695
Removal of flammable material from railroad rights of way 477.698
Permits for prescribed fires 477.710
Starting of campfire or other open fire restricted 477.720
Accidentally setting fire to forestland 477.740
Unlawful use of fire 477.745
Liability of parents for costs of suppressing fire caused by minor child 477.747
Policies and plans for restoration of burned forestland 477.748
Small forestland grant program 477.750
Oregon Forest Land Protection Fund 477.755
Appropriation of fund 477.760
Reserve base of fund fixed 477.770
Rules relating to use of fund 477.775
Emergency fire suppression costs insurance 477.777
Agency request budget 477.880
Acreage assessment 477.960
Collection of assessment 477.970
Disposition of receipts 477.980
Enforcement policy 477.985
Enforcement procedure 477.993
Penalties

Current through early 2026

§ 477.089. Recovery for property damage's source at oregon​.gov