68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
Enrolled
House Bill 2296
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Representative Kevin
Mannix)
CHAPTER ................
AN ACT
Relating to land; creating new provisions; amending ORS 105.699;
and repealing ORS 105.655, 105.660, 105.665, 105.670, 105.675,
105.677, 105.680, 105.685, 105.687, 105.689, 105.691, 105.693,
105.695 and 105.697.
Be It Enacted by the People of the State of Oregon:
**************************** SECTION 1. { + As used in
sections 1 to 6 of this Act:
(1) 'Charge' means the admission price or fee asked by any
owner in return for permission to enter or go upon the owner's
land.
(2) 'Harvest' has that meaning given in ORS 164.813.
(3) 'Land' includes all real property, whether publicly or
privately owned.
(4) 'Owner' means the possessor of any interest in any land,
including but not limited to possession of a fee title. ' Owner'
includes a tenant, lessee, occupant or other person in possession
of the land.
(5) 'Recreational purposes' includes, but is not limited to,
outdoor activities such as hunting, fishing, swimming, boating,
camping, picnicking, hiking, nature study, outdoor educational
activities, water skiing, winter sports, viewing or enjoying
historical, archaeological, scenic or scientific sites or
volunteering for any public purpose project.
(6) 'Special forest products' has that meaning given in ORS
164.813.
(7) 'Woodcutting' means the cutting or removal of wood from
land by an individual who has obtained permission from the owner
of the land to cut or remove wood. + }
**************************** SECTION 2. { + The Legislative
Assembly hereby declares it is the public policy of the State of
Oregon to encourage owners of land to make their land available
to the public for recreational purposes, for woodcutting and for
the harvest of special forest products by limiting their
liability toward persons entering thereon for such purposes and
by protecting their interests in their land from the
extinguishment of any such interest or the acquisition by the
public of any right to use or continue the use of such land for
recreational purposes, woodcutting or the harvest of special
forest products. + }
**************************** SECTION 3. { + (1) Except as
provided by subsection (2) of this section, and subject to the
provisions of section 4 of this Act, 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, 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, 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, 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, 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, woodcutting or the harvest of
special forest products. + }
**************************** SECTION 4. { + (1) Except as
specifically provided in sections 1 to 6 of this Act, the
immunities provided by section 3 of this Act 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;
(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 section 3 of this Act apply only
if:
(a) The owner makes no charge for permission to use the land;
or
(b) The owner charges no more than $20 per cord for permission
to use the land for woodcutting. + }
**************************** SECTION 5. { + (1) An owner of
land who either directly or indirectly permits any person to use
the land for recreational purposes, 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, 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. + }
**************************** SECTION 6. { + Sections 1 to 6 of
this Act do not:
(1) Create a duty of care or basis for liability for personal
injury, death or property damage resulting from the use of land
for recreational purposes, for woodcutting or for the harvest of
special forest products.
Enrolled House Bill 2296 Page 2
(2) Relieve a person using the land of another for recreational
purposes, woodcutting or the harvest of special forest products
from any obligation that the person has to exercise care in use
of the land in the activities of the person or from the legal
consequences of failure of the person to exercise that care. + }
**************************** SECTION 7. ORS 105.699 is amended
to read:
105.699. The State Forester, under the general supervision of
the State Board of Forestry, may adopt any rules considered
necessary for the administration of the provisions of { - ORS
105.685 to 105.697 - } { + sections 1 to 6 of this 1995 Act + }
on state land.
**************************** SECTION 8. { + The repeal of
statutory provisions by section 9 of this Act does not apply to
any cause of action that arose before the effective date of this
Act. Any cause of action that arose before the effective date of
this Act shall continue to be governed by the law applicable to
the cause of action in effect immediately before the effective
date of this Act. + }
**************************** SECTION 9. { + ORS 105.655,
105.660, 105.665, 105.670, 105.675, 105.677, 105.680, 105.685,
105.687, 105.689, 105.691, 105.693, 105.695 and 105.697 are
repealed. + }
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Passed by House March 30, 1995
Repassed by House May 22, 1995
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 18, 1995
...........................................................
President of Senate
Enrolled House Bill 2296 Page 3
Received by Governor:
......M.,............., 1995
Approved:
......M.,............., 1995
...........................................................
Governor
Filed by Office of Secretary of State:
......M.,............., 1995
...........................................................
Secretary of State
Enrolled House Bill 2296 Page 4