2013 ORS § 390.672¹
Damages for destruction or infringement of public right of navigation, fishery or recreation
  • treble damages

(1) If any person or governmental body, through negligence, violates ORS 390.640 (Permit required for improvements on ocean shore), the State Parks and Recreation Director, in a proceeding brought pursuant to ORS 390.669 (Action by state or any person to abate public nuisance), may seek and the court may award double 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 such violation.

(2) If any person or governmental body intentionally violates ORS 390.640 (Permit required for improvements on ocean shore), the director, in a proceeding brought pursuant to ORS 390.669 (Action by state or any person to abate public nuisance), may seek and the court may award treble 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 such violation.

(3) An award made pursuant to this section shall be in addition to and not in lieu of any criminal penalties imposed for a violation of ORS 390.640 (Permit required for improvements on ocean shore).

(4) In any action brought under ORS 390.669 (Action by state or any person to abate public nuisance), the court shall award to the prevailing party the costs of suit and reasonable attorney fees at trial and on appeal. Subject to the provisions of ORS 20.140 (State and certain public corporations not required to advance costs), any costs and attorney fees so awarded to the director shall be deposited in an account of the State Parks and Recreation Department to offset the directors expenses of bringing such action. [1999 c.373 §16]