71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2731
Sponsored by Representative SHETTERLY (at the request of Oregon
Farm Bureau)
CHAPTER ................
AN ACT
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. + }
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Enrolled House Bill 2731 (HB 2731-INTRO) Page 1
Passed by House May 1, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 30, 2001
...........................................................
President of Senate
Enrolled House Bill 2731 (HB 2731-INTRO) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2731 (HB 2731-INTRO) Page 3