Chapter 933 Oregon Laws 1999
Session Law
AN ACT
HB 2801
Relating to trespass.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) In addition to and not in lieu of any
other damages that may be claimed, a plaintiff who is a landowner shall receive
liquidated damages in an amount not to exceed $1,000 in any action in which the
plaintiff establishes that:
(a) The plaintiff closed the
land of the plaintiff as provided in subsection (2) of this section; and
(b) The defendant entered
and remained upon the land of the plaintiff without the permission of the
plaintiff.
(2) A landowner or an agent
of the landowner may close the privately owned land of the landowner by posting
notice as follows:
(a) For land through which
the public has no right of way, the landowner or agent must place a notice at
each outer gate and normal point of access to the land, including both sides of
a body of water that crosses the land wherever the body of water intersects an
outer boundary line. The notice must be placed on a post, structure or natural
object in the form of a sign or a blaze of paint. If a blaze of paint is used,
it must consist of at least 50 square inches of fluorescent orange paint,
except that when metal fence posts are used, approximately the top six inches
of the fence post must be painted. If a sign is used, the sign:
(A) Must be no smaller than
eight inches in height and 11 inches in width;
(B) Must contain the words
"Closed to Entry" or words to that effect in letters no less than one
inch in height; and
(C) Must display the name,
business address and phone number, if any, of the landowner or agent of the
landowner.
(b) For land through which
or along which the public has an unfenced right of way by means of a public
road, the landowner or agent must place:
(A) A conspicuous sign no
closer than 30 feet from the center line of the roadway where it enters the
land, containing words substantially similar to "PRIVATE PROPERTY, NO
TRESPASSING OFF ROAD NEXT ____ MILES"; or
(B) A sign or blaze of
paint, as described in paragraph (a) of this subsection, no closer than 30 feet
from the center line of the roadway at regular intervals of not less than
one-fourth mile along the roadway where it borders the land, except that a blaze
of paint may not be placed on posts where the public road enters the land.
(3) Nothing contained in
this section prevents emergency or law enforcement vehicles from entering upon
the posted land.
(4) An award of liquidated
damages under this section is not subject to ORS 18.535, 18.537 or 18.540.
(5) Nothing in this section
affects any other remedy, civil or criminal, that may be available for a
trespass described in this section.
Approved by the Governor
August 4, 1999
Filed in the office of
Secretary of State August 4, 1999
Effective date October 23,
1999
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