ORS 105.505¹
Remedies available for private nuisance

Any person whose property or personal enjoyment thereof is affected by a private nuisance, may maintain an action for damages therefor. If judgment is given for the plaintiff in the action, the plaintiff may, on motion, in addition to the execution to enforce the judgment, obtain an order allowing a warrant to issue to the sheriff to abate the nuisance. The motion must be made at the term at which judgment is given, and shall be allowed of course, unless it appears on the hearing that the nuisance has ceased or that such remedy is inadequate to abate or prevent the continuance of the nuisance, in which latter case the plaintiff may proceed to have the defendant enjoined. [Amended by 1979 c.284 §96]

Notes of Decisions

In General

Erroneous listing of plaintiff’s telephone number and numerous consequent telephone calls to plaintiff resulted in an invasion of plaintiff’s right to enjoy her prop­erty without unreasonable in­ter­fer­ence. Macca v. Gen. Tel. Co. of NW, Inc., 262 Or 414, 495 P2d 1193 (1972)

In order to recover for a nuisance, one must allege facts which show that the invasion was unreasonable under the circumstances. Jacobson v. Crown Zellerbach Corp., 273 Or 15, 539 P2d 641 (1975)

Equitable Relief

Feedlot opera­tion was enjoined from maintaining more cattle than its waste manage­ment system could effectively handle. Spencer Creek Pollu­tion Control Assn. v. Organic Fertilizer Co., 264 Or 557, 505 P2d 919 (1973)

Persons Liable for Nuisances

Persons making proper use of a public road were not liable for damages by such use to an abutting landowner’s prop­erty. Jacobson v. Crown Zellerbach Corp., 273 Or 15, 539 P2d 641 (1975)

Chapter 105

Atty. Gen. Opinions

Private process server in a forcible entry and detainer ac­tion, (1975) Vol 37, p 869

1 Legislative Counsel Committee, CHAPTER 105—Property Rights, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors105.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 105, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano105.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information