Chapter 401 Oregon Laws 2001

AN ACT

HB 2731

Relating to liability for use of land; creating new provisions; and amending ORS 30.936.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 30.936 is amended to read:

30.936. (1) No farming or forest practice on lands zoned for farm or forest use [occurring outside an urban growth boundary] shall give rise to any private right of action or claim for relief based on nuisance or trespass.

(2) Subsection (1) of this section shall not apply to a right of action or claim for relief for:

(a) Damage to commercial agricultural products; or

(b) Death or serious physical injury as defined in ORS 161.015.

(3) Subsection (1) of this section applies regardless of whether the farming or forest practice has undergone any change or interruption.

[(4) If the urban growth boundary is changed in such a way as to place a farming or forest practice outside its limits, subsection (1) of this section applies to that farming or forest practice after the date the urban growth boundary is changed.]

[(5) If the urban growth boundary is changed pursuant to ORS 197.296 in such a way as to place a farming practice inside its limits, subsection (1) of this section continues to apply to that farming practice until a change to a nonfarm use.]

SECTION 2. (1) Except as provided in subsection (2) of this section, the amendments to ORS 30.936 by section 1 of this 2001 Act apply to all rights of action and claims for relief, whether arising before, on or after the effective date of this 2001 Act.

(2) The amendments to ORS 30.936 by section 1 of this 2001 Act do not apply to any right of action or claim for relief for which a judgment has been entered in the register of a court before the effective date of this 2001 Act.

Approved by the Governor June 15, 2001

Filed in the office of Secretary of State June 15, 2001

Effective date January 1, 2002

__________