2017 ORS 105.692¹
Right to continued use of land following permitted use
  • presumption of dedication or other rights

(1) An owner of land who either directly or indirectly permits any person to use the land for recreational purposes, gardening, woodcutting or the harvest of special forest products does not give that person or any other person a right to continued use of the land for those purposes without the consent of the owner.

(2) The fact that an owner of land allows the public to use the land for recreational purposes, gardening, woodcutting or the harvest of special forest products without posting, fencing or otherwise restricting use of the land does not raise a presumption that the landowner intended to dedicate or otherwise give over to the public the right to continued use of the land.

(3) Nothing in this section shall be construed to diminish or divert any public right to use land for recreational purposes acquired by dedication, prescription, grant, custom or otherwise existing before October 5, 1973.

(4) Nothing in this section shall be construed to diminish or divert any public right to use land for woodcutting acquired by dedication, prescription, grant, custom or otherwise existing before October 3, 1979. [1995 c.456 §5; 2009 c.532 §5]

Notes of Decisions

Under Former Similar Statute (Ors 105.677)

Restric­tions on the right of the public to acquire interests in private lands after 1973, contained in this sec­tion, apply to permissive uses and not to adverse uses such as public prescriptive ease­ments. Ellis v. Municipal Reserve & Bond Co., 60 Or App 567, 655 P2d 204 (1982)

Law Review Cita­tions

Under Former Similar Statute (Ors 105.677)

4 EL 410-411 (1974); 22 EL 731 (1992)

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 (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 105, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano105.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.