75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2003
Sponsored by Representative STIEGLER
CHAPTER ................
AN ACT
Relating to use of land; creating new provisions; and amending
ORS 105.672, 105.676, 105.682, 105.688, 105.692 and 105.696.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 105.672 is amended to read:
105.672. As used in ORS 105.672 to 105.696:
(1) 'Charge':
(a) Means the admission price or fee requested or expected by
an owner in return for granting permission for a person to enter
or go upon the owner's land.
(b) Does not mean any amount received from a public body in
return for granting permission for the public 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 - } { + such as the holder of a fee title, + }
a tenant, { + a + } lessee, { + an + } occupant { + , the
holder of an easement, the holder of a right of way + } or
{ - other - } { + a + } 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, waterskiing, 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. ORS 105.688 is amended to read:
105.688. (1) Except as specifically provided in ORS 105.672 to
105.696, the immunities provided by ORS 105.682 apply to:
(a) All { - public and private lands - } { + land + },
including but not limited to { - lands - } { + land + }
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 - }
Enrolled House Bill 2003 (HB 2003-INTRO) Page 1
{ + land + } described in paragraph (a) of this subsection;
{ - and - }
{ + (c) All paths, trails, roads, watercourses and other
rights of way while being used by a person to reach land for
recreational purposes, gardening, woodcutting or the harvest of
special forest products, that are on land adjacent to the land
that the person intends to use for recreational purposes,
gardening, woodcutting or the harvest of special forest products,
and that have not been improved, designed or maintained for the
specific purpose of providing access for recreational purposes,
gardening, woodcutting or the harvest of special forest products;
and + }
{ - (c) - } { + (d) + } All machinery or equipment on the
{ - lands - } { + land + } described in paragraph (a) of this
subsection.
{ - (2) The immunities provided by ORS 105.682 apply only
if: - }
{ - (a) The owner makes no charge for permission to use the
land; - }
{ - (b) The owner transfers an easement to a public body to
use the land; or - }
{ - (c) The owner charges no more than $75 per cord for
permission to use the land for woodcutting. - }
{ + (2) The immunities provided by ORS 105.682 for
recreational purposes and for the harvest of special forest
products apply only if:
(a) The owner transfers an easement to a public body to use the
land; or
(b) The owner makes no charge for permission to use the land.
(3) The immunities provided by ORS 105.682 for gardening apply
only if the owner charges no more than $25 per year for the use
of the land for gardening.
(4) The immunities provided by ORS 105.682 for woodcutting
apply only if the owner charges no more than $75 per cord for
permission to use the land for woodcutting. + }
SECTION 3. ORS 105.676 is amended to read:
105.676. 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 gardening, + } 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, { + gardening, + } woodcutting or the harvest of
special forest products.
SECTION 4. ORS 105.682 is amended to read:
105.682. (1) Except as provided by subsection (2) of this
section, and subject to the provisions of ORS 105.688, 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, { + gardening, + }
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, { + gardening, + }
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, { + gardening, + } woodcutting or the harvest of
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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, { + gardening, + } 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, { + gardening, + } woodcutting
or the harvest of special forest products.
SECTION 5. ORS 105.692 is amended to read:
105.692. (1) An owner of land who either directly or indirectly
permits any person to use the land for recreational purposes,
{ + gardening, + } 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, { + gardening, + } 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. ORS 105.696 is amended to read:
105.696. ORS 105.672 to 105.696 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 gardening, + } for
woodcutting or for the harvest of special forest products.
(2) Relieve a person using the land of another for recreational
purposes, { + gardening, + } 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. { + The amendments to ORS 105.676, 105.682,
105.688, 105.692 and 105.696 by sections 2 to 6 of this 2009 Act
apply only to causes of action that arise on or after the
effective date of this 2009 Act. + }
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Enrolled House Bill 2003 (HB 2003-INTRO) Page 3
Passed by House June 3, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 12, 2009
...........................................................
President of Senate
Enrolled House Bill 2003 (HB 2003-INTRO) Page 4
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2003 (HB 2003-INTRO) Page 5