2015 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 director’s expenses of bringing such action. [1999 c.373 §16]

Atty. Gen. Opinions

Effect of constitu­tional pro­vi­sion requiring pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284

Law Review Cita­tions

20 EL 1001 (1990); 35 WLR 183 (1999)


1 Legislative Counsel Committee, CHAPTER 390—State and Local Parks; Recreation Programs;, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors390.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 390, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano390.­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.