75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3375-1
 
                         Senate Bill 699
 
Sponsored by Senator FERRIOLI; Senators GEORGE, GIROD, KRUSE,
  TELFER, WHITSETT
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Limits recovery of attorney fees and costs in nuisance or
trespass cases that involve farming or forest practices to
defendants.
 
                        A BILL FOR AN ACT
Relating to entitlement of judgment in certain causes of action;
  amending ORS 30.938.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 30.938 is amended to read:
  30.938. In any action or claim for relief alleging nuisance or
trespass and arising from a practice that is alleged by either
party to be a farming or forest practice, the   { - prevailing
party - }  { + defendant + } shall be entitled to judgment for
reasonable attorney fees and costs incurred at trial and on
appeal.
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