Mining and Mining Claims

ORS 517.135
Exemption from crimes of mineral trespass and interfering with a mining operation


(1)

ORS 517.128 (Restricting access to open mining area or mining claim prohibited) to 517.133 (Interfering with a mining operation) do not apply to conduct that would otherwise constitute an offense when it is required or authorized by law or judicial decree or is performed by a public servant in the reasonable exercise of official powers, duties or functions.

(2)

As used in subsection (1) of this section, “laws or judicial decrees” includes but is not limited to:

(a)

Laws defining duties and functions of public servants;

(b)

Laws defining duties of private citizens to assist public servants in the performance of certain of their functions; and

(c)

Judgments and orders of courts. [1999 c.354 §7]
Note: See note under 517.120 (Definitions for ORS 517.120 to 517.133).
Chapter 517

Atty. Gen. Opinions

Power of Department of Environmental Quality to regulate mining activities and recovery of oil and geothermal activities, (1972) Vol 35, p 1100

Law Review Citations

4 EL 370 (1974)


Source

Last accessed
Jun. 26, 2021