2015 ORS 105.682¹
Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products

(1) Except as provided by subsection (2) of this section, and subject to the provisions of ORS 105.688 (Applicability of immunities from liability for owner of land), an owner of land is not liable in contract or tort for any personal injury, death or property damage that arises out of the use of the land for recreational purposes, gardening, woodcutting or the harvest of special forest products when the owner of land either directly or indirectly permits any person to use the land for recreational purposes, gardening, woodcutting or the harvest of special forest products. The limitation on liability provided by this section applies if the principal purpose for entry upon the land is for recreational purposes, gardening, woodcutting or the harvest of special forest products, and is not affected if the injury, death or damage occurs while the person entering land is engaging in activities other than the use of the land for recreational purposes, gardening, woodcutting or the harvest of special forest products.

(2) This section does not limit the liability of an owner of land for intentional injury or damage to a person coming onto land for recreational purposes, gardening, woodcutting or the harvest of special forest products. [1995 c.456 §3; 2009 c.532 §4]

Notes of Decisions

Person maintaining and operating improve­ments on land is "owner of land." Brewer v. State Dept. of Fish and Wildlife, 167 Or App 173, 2 P3d 418 (2000), Sup Ct review denied

Immunity from liability for owner permitting "any" per­son to use land applies only if permission is granted to per­son as member of public generally rather than as specific invitee. Conant v. Stroup, 183 Or App 270, 51 P3d 1263 (2002)

Immunity from liability for injury arising from use of land is not limited to injuries for which land is mechanism of injury. Conant v. Stroup, 183 Or App 270, 51 P3d 1263 (2002)

Land made available to public for recrea­tional purposes includes land developed for use as city park. Waggoner v. City of Woodburn, 196 Or App 715, 103 P3d 648 (2004)

Immunity granted to city landowner for injuries arising out of recrea­tional use of city park does not violate plaintiff's right to remedy under sec­tion 10, Article I of Oregon Constitu­tion. Schlesinger v. City of Portland, 200 Or App 593, 116 P3d 239 (2005)

Use of land to gain access to recrea­tional site on adjoining prop­erty is not use of land for recrea­tional purposes. Liberty v. State Dept. of Transporta­tion, 342 Or 11, 148 P3d 909 (2006)

"Recrea­tional purposes" includes recrea­tional activities that involve travel. Kelly v. Hochberg, 231 Or App 155, 217 P3d 699 (2009), aff'd 349 Or 267, 243 P3d 62 (2010)

Law Review Cita­tions

89 OLR 725 (2010)

Law Review Cita­tions

89 OLR 725 (2010)

Notes of Decisions

Where plaintiff was injured in City of Portland public park, individual city employees who were responsible for repairing, maintaining and operating improve­ments in park, which is land made available to public for recrea­tional purposes, are not "owners" as used in Oregon Public Use of Lands Act, and so are not immune from liability for negligence. Johnson v. Gibson, 358 Or 624, 369 P3d 1151 (2016)

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 (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 105, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano105.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.