ORS 837.380
Action by owner of real property

  • Attorney General

(1)

Except as provided in subsections (2) and (3) of this section, a person who owns or lawfully occupies real property in this state may bring an action against any person or public body that operates an unmanned aircraft system that is flown over the property if:

(a)

The operator of the unmanned aircraft system has flown the unmanned aircraft system over the property on at least one previous occasion; and

(b)

The person notified the owner or operator of the unmanned aircraft system that the person did not want the unmanned aircraft system flown over the property.

(2)

A person may not bring an action under this section if:

(a)

The unmanned aircraft system is lawfully in the flight path for landing at an airport, airfield or runway; and

(b)

The unmanned aircraft system is in the process of taking off or landing.

(3)

A person may not bring an action under this section if the unmanned aircraft system is operated for commercial purposes in compliance with authorization granted by the Federal Aviation Administration. This subsection does not preclude a person from bringing another civil action, including but not limited to an action for invasion of privacy or an action for invasion of personal privacy under ORS 30.831 (Action for invasion of personal privacy).

(4)

A prevailing plaintiff may recover treble damages for any injury to the person or the property by reason of a trespass by an unmanned aircraft system as described in this section, and may be awarded injunctive relief in the action.

(5)

A prevailing plaintiff may recover attorney fees under ORS 20.080 (Attorney fees for certain small tort claims) if the amount pleaded in an action under this section is $10,000 or less.

(6)

The Attorney General, on behalf of the State of Oregon, may bring an action or claim for relief alleging nuisance or trespass arising from the operation of an unmanned aircraft system in the airspace over this state. A court shall award reasonable attorney fees to the Attorney General if the Attorney General prevails in an action under this section. [2013 c.686 §15; 2015 c.315 §11; 2016 c.72 §10]
Note: See note under 837.300 (Definitions).

Source: Section 837.380 — Action by owner of real property; Attorney General, https://www.­oregonlegislature.­gov/bills_laws/ors/ors837.­html.

837.005
Exemptions of certain aircraft from requirements of registration
837.010
Federal pilot certificate required
837.015
Registration of aircraft
837.030
Exhibition of certificate on demand
837.040
Persons required to register aircraft
837.045
Fee schedule
837.050
Transfer of aircraft registration moneys to State Aviation Account
837.055
Assignment of number
837.060
Expiration and renewal of registrations
837.065
Effect of paying aircraft registration fee with worthless check
837.070
Notice of sale of aircraft
837.075
Aircraft dealer’s license
837.080
Prohibited operation of aircraft
837.085
Dropping articles without permit prohibited
837.090
Landings on public highways and grounds prohibited
837.095
Flying over military and naval establishments
837.100
Issuance of citations for violations
837.300
Definitions
837.310
Restrictions
837.320
Authorized use upon issuance of warrant
837.330
Written consent
837.335
Search and rescue
837.340
Investigations of crimes and accidents
837.345
Training
837.350
Restrictions
837.360
Restrictions
837.362
Policies and procedures for use of data
837.365
Weaponized unmanned aircraft systems
837.370
Operation over privately owned premises
837.372
Operation over critical infrastructure facility
837.374
Reckless interference with aircraft
837.375
Interference with an unmanned aircraft system
837.380
Action by owner of real property
837.385
Preemption of local laws regulating unmanned aircraft systems
837.390
Applicability
837.990
Penalties
837.995
Crimes involving unmanned aircraft systems
837.998
Civil penalties
Green check means up to date. Up to date