Oregon

Recreational Use/Recreational Trespass Laws

O.R.S. 105.672 through 105.696

§ 105.672. Definitions for ORS 105.672 to 105.696

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 a tenant, lessee, occupant or other 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.

§ 105.682. Limitation on liability of owner of land used by public for in certain cases

(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, 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, 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, woodcutting or the harvest of 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, 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, woodcutting or the harvest of special forest products.

§ 105.688. Application of immunities from liability; restrictions

(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, including but not limited to lands 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 described in paragraph (a) of this subsection; and
(c) All machinery or equipment on the lands 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.

§ 105.692. Right to continued use not conveyed; intention to dedicate or convey land not presumed

(1) An owner of land who either directly or indirectly permits any person to use the land for recreational purposes, 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, 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.

§ 105.696. No duty of care or basis for liability created

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 woodcutting or for the harvest of special forest products.

(2) Relieve a person using the land of another for recreational purposes, 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.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Statute: OR. Rev. Stat. 308A.95, 300,. 308A.350, Wildlife Habitat Special Assessment OR. Rev. Stat. 308A.400.

Method of Assessment: Current use for agricultural and forestry lands.

Application: Yes

Plan Requirements: Yes, the state Fish and Wildlife Commission shall adopt rules specifying the form and content of a wildlife habitat conservation and management plan that is sufficient for land that is subject to the plan to be specially assessed under ORS 308A.403 to 308A.430.

Penalty: If the owner fails to give the notice required under subsection 1 of this section during the period of classification, upon withdrawal under subsection 2 of this section, the assessor shall add to the tax extended against the land previously classified, an amount, if any, equal to the additional taxes that would have been collected had the assessor valued the classified land on the basis of the changed open space use, together with interest at the rate of two-thirds of one percent a month, or fraction of a month, from the dates on which such additional taxes would have been payable.

Current Use Taxation for open-space land: 

Statute: Open Space Lands Special Assessment (Or. Rev. Stat. § 308A.300).

Purpose of Assessment:“To maintain, preserve, conserve and otherwise continue in existence adequate open space lands and the vegetation thereon to assure continued public health by counteracting pollutants and to assure the use and enjoyment of natural resources and scenic beauty for the economic and social well-being of the state and its citizens.” Or. Rev. Stat. § 308A.303. Also notes the legislature’s desire to prevent forced conversion of open space into more intensive uses.

Method of Assessment: Land classified as open space land shall have an assessed value for the tax year equal to the lesser of the land's maximum assessed value or the land's real market value under Or. Rev. Stat. § 308.205, but this value must assume that the highest and best use of the land is the current open space use, including any improvements. Or. Rev. Stat. § 308A.315.

Eligibility Requirements

Application: An owner must apply during the calendar year preceding the first assessment year to the county assessor. If the ownership of all property included in the application remains unchanged, a new application is not required after the first year for which application was made and approved.

Renewal: Not required unless ownership of any of the property changes.

Area Requirements: None

Plan Requirements: None

Unique or Functional Characteristics

a) Land may be considered eligible for open space valuation if it is designated for open space purposes under a zoning plan or if it serves various conservation and recreational purposes. Or. Rev. Stat. § 308.300.

b) The county or other local planning and zoning authorities may weigh various considerations in deciding whether to grant the petition (as long as the parcel did not become eligible for valuation because it is designated for open space already, in which case the petition is non-discretionary), including projected costs and other consequences of extending urban services in other areas to compensate for any reduction in available buildable lands. However, if the commission finds that the parcel serves any of the various conservation or recreation purposes, the petition may not be denied based solely on the loss of revenue that would occur from granting the petition. § 308A.309.

Statute: Wildlife Habitat Special Assessment (Or. Rev. Stat. 308A.400).

Purpose of Assessment: Encourage and protect wildlife resources in the state through a voluntary conservation incentive rather than a regulation. Or. Rev. Stat. § 308A.400.

Method of Assessment: If the land was already assessed under one of the other special assessment methods, the value shall continue to be determined in accordance with the valuation method that was used the previous year [either under Or. Rev. Stat. 308A.050 to 308A.128 (farm use) or Or. Rev. Stat. 321.354 or 321.833 (timber/forestland use)]. If the parcel was not valued by either of these methods, the statute provides the guidelines for determining the value, depending on which requirements the parcel satisfies. Essentially, these statutes require current use valuation based on the type of use ongoing at the parcel, whether timber, agriculture, or otherwise.

Eligibility Requirements

Application: Applicant must submit a wildlife habitat conservation and management plan to the state Deptartment of Fish and Wildlife. After approval by the Department, the property owner must apply to the county assessor on or before April 1 of the first assessment year for which designation is sought. This application is deemed approved unless the county assessor denies it in whole or in part by August 15 of the same year.

Renewal: No

Area Requirements: No

Plan Requirements: Must develop a wildlife habitat conservation and management plan with a cooperating agency that specifies the conservation and management practices (including farm and forest uses consistent with the overall intent of the plan) that will be conducted to preserve and improve wildlife habitat on an affected lot or parcel. Wildlife habitat conservation and management plans may include those efforts that improve water quality, protect and restore fish and wildlife habitats, recover threatened or endangered species, enhance streamflows and maintain or restore long-term ecological health, diversity and productivity on a broad geographic scale. Accepted agricultural and forestry practices are accepted as an integral part of the wildlife habitat conservation and management practices specified in an approved plan. Or. Rev. Stat. 308A.412; 308A.424.

Unique or Functional Characteristics

a) State Fish and Wildlife Commission must designate lands that are eligible for this type of assessment at the request of the local governing body. Such lands include any land already zoned for farm or forest use or which is clearly identifiable as containing significant wildlife habitat. Only lands so designated are eligible for this special assessment.

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Tax incentive specifically for providing access: 

Oregon has no tax incentive specially providing access.

Tax Incentive when land is subject to Conservation Easement: 

Statute: Or. Rev. Stat. 308A.450.

Valuation and Process: Land subject to a conservation easement that is held by one or more holders and that is managed in compliance with the terms of the easement, shall receive conservation easement special assessment for ad valorem property tax purposes.

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Income Tax: 

Oregon has no tax credits or incentives for the donation of land or conservation easements.

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Hunter Access Program: 

Name of Program: Access and Habitat Program

Number of Acres Enrolled: 4,560,021

Landowners that participate in the program are eligible to apply for an Access and Habitat grant. Grants are usually awarded for projects such as wildlife forage seeding, riparian protection projects, wetland restoration, noxious weed control, or law enforcement patrols. Although conservation benefits are not currently being calculated, identifiable benefits to wildlife and wildlife habitat and reducing wildlife-related economic loss are a criteria considered in awarding grants.

For additional information regarding this state’s hunter access programs or efforts, please view the Hunting Heritage Action Plan Hunter Access Program Assessment Survey Report.

Case Law

Waggoner v. City of Woodburn 196 Or.App. 715, 103 P.3d 648

-Statutory immunity for owner of land used for recreational purposes is not limited to rural and undeveloped land, but also applied to city park so as to immunize city from liability for injuries to person who was injured while using swing at park.

Tijernia v. Cornelius Christian Church 273 Or. 58

-By defining the word “land,” in statute relating to public recreational use of private lands, to mean, inter alia, “agricultural land,” legislature intended to limit application of statutes and land holdings which tended to have some recreational value but which would not be susceptible to adequate policing or correction of dangerous conditions, so that “agricultural land” should be interpreted narrowly in light of the legislative purpose.
-Defendant church's land, on which injury occurred to plaintiff during softball game, was not “agricultural land” so as to immunize church from liability for dangerous condition under statute relating to public recreational use of private lands, since such land was not used for commercial farming, the grain which grew on it was volunteer and intermixed with weeds, and since the “crop” had been cut to comply with fire regulations but was not harvested until 1974, after initiation of lawsuit, and then only in the sense that person who cut it was allowed to take it away in return for his labors.

Denton v. L.W. Vail Co., Inc. 23 Or. App. 28

-Road construction contractors and Department of Transportation breached no duty to trespasser-motorcyclist, who rode into a barbed wire fence stretched across one end of project, by putting up the fence or by not posting some kind of warning that the fence was there.