ORS 105.688¹
Applicability of immunities from liability for owner of land
  • restrictions

(1) Except as specifically provided in ORS 105.672 (Definitions for ORS 105.672 to 105.696) to 105.696 (No duty of care or liability created), the immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, woodcutting or harvest of special forest products) apply to:

(a) All public and private lands, including but not limited to lands adjacent or contiguous to any bodies of water, watercourses or the ocean shore as defined by ORS 390.605 (Definitions);

(b) All roads, bodies of water, watercourses, rights of way, buildings, fixtures and structures on the lands described in paragraph (a) of this subsection; and

(c) All machinery or equipment on the lands described in paragraph (a) of this subsection.

(2) The immunities provided by ORS 105.682 (Liabilities of owner of land used by public for recreational purposes, woodcutting or harvest of special forest products) apply only if:

(a) The owner makes no charge for permission to use the land;

(b) The owner transfers an easement to a public body to use the land; or

(c) The owner charges no more than $75 per cord for permission to use the land for woodcutting. [1995 c.456 §4; 1999 c.872 §7; 2001 c.206 §1]

Notes of Decisions

Under Former Similar Statute

Provisions in these sec­tions exempting landowners from liability for injuries suffered by per­sons engaged in recrea­tional use for which they paid no fee, apply to United States as landowner. O'Neal v. United States, 814 F2d 1285 (1987)

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/­Archive/­2007ors105.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 105, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­105ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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