105.810, it appears that the trespass was casual or involuntary, or that the defendant had probable cause to believe that the land on which the trespass was committed was the land of the defendant or

105.810, it appears that the trespass was casual or involuntary, or that the defendant had probable cause to believe that the land on which the trespass was committed was the land of the defendant or the land of the person in whose service or by whose direction the act was done, or that the tree or timber was taken from unenclosed woodland for the purpose of repairing any public highway or bridge upon the land or adjoining it, judgment shall be given for double damages.

����� (2) A judgment for the costs of litigation and reforestation as provided in ORS 105.810 shall be in addition to and not in lieu of a judgment for damages under this section.

����� (3) This section does not apply to a contract logger if the contract logger is subject only to actual damages under ORS 105.810 (4). [Amended by 1995 c.721 �2; 1999 c.544 �2]

����� 105.820 Remedy of tenants in common. A tenant in common may maintain any proper action, suit or proceeding against a cotenant for receiving more than the just proportion of the rents or profits of the estate owned by them in common.

����� 105.825 Action for injury to inheritance. A person seised of an estate in remainder or reversion may maintain a civil action for any injury to the inheritance, notwithstanding the presence of an intervening estate for life or years.

����� 105.830 [1981 c.841 �1; repealed by 1989 c.693 �21]

����� 105.831 Damages for injury to mining claim. If a court finds that a person has intentionally damaged or removed mining equipment or has intentionally removed or injured minerals, soil, gravel, sand, trees or shrubs located within the mining claim of another person, the court shall award actual damages to such other person, including any liability of such other person to third persons resulting from such damage, removal or injury. In an appropriate case, the court may award punitive damages to such other person. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1989 c.1049 �2; 1995 c.618 �56]

����� 105.834 Owner�s immunity from liability for theft of metal property. (1) As used in this section, �owner� means a person, including a tenant, lessee, occupant or other person, that possesses an interest in land, including but not limited to a possession of a fee title.

����� (2) An owner of land is not liable for personal injury, death or property damage that arises out of:

����� (a) Theft or attempted theft of metal property as defined in ORS 165.116 from the owner�s land; or

����� (b) A hazardous condition that results from theft or attempted theft of metal property as defined in ORS 165.116 from the owner�s land when the owner did not know or could not reasonably have known of the hazardous condition.

����� (3) The immunities provided under this section apply to:

����� (a) Public and private land;

����� (b) Roads, bodies of water, watercourses, rights of way, buildings and fixtures or structures on the owner�s land; and

����� (c) Machinery or equipment on the owner�s land.

����� (4) This section does not create or impose a duty of care upon an owner or possessor of land that would not otherwise exist under common law. [2009 c.811 �10]

����� 105.835 [1981 c.841 �2; repealed by 1989 c.693 �21]

CARBON MONOXIDE ALARMS IN DWELLINGS

����� 105.836 Definitions for ORS 105.836 to 105.842 and 476.725. As used in ORS 105.836 to 105.842 and 476.725, unless the context requires otherwise:

����� (1) �Carbon monoxide alarm� means a device that:

����� (a) Detects carbon monoxide;

����� (b) Produces a distinctive audible alert when carbon monoxide is detected;

����� (c) Conforms to State Fire Marshal rules;

����� (d) Is listed by Underwriters Laboratories or any other nationally recognized testing laboratory or an equivalent organization; and

����� (e) Operates as a distinct unit or as two or more single station units wired to operate in conjunction with each other.

����� (2) �Carbon monoxide source� means:

����� (a) A heater, fireplace, appliance or cooking source that uses coal, kerosene, petroleum products, wood or other fuels that emit carbon monoxide as a by-product of combustion; or

����� (b) An attached garage with an opening that communicates directly with a living space.

����� (3) �Multifamily housing� means a building in which three or more residential units each have space for eating, living and sleeping and permanent provisions for cooking and sanitation.

����� (4) �One and two family dwelling� means a residential building that is regulated under the state building code as a one and two family dwelling. [2009 c.591 �1; 2011 c.42 �17]

����� 105.838 Carbon monoxide alarm in dwelling. (1) A person may not convey fee title to a one and two family dwelling or multifamily housing that contains a carbon monoxide source, or transfer possession under a land sale contract of a one and two family dwelling or multifamily housing that contains a carbon monoxide source, unless one or more properly functioning carbon monoxide alarms are installed in the dwelling or housing at locations that provide carbon monoxide detection for all sleeping areas of the dwelling or housing.

����� (2) A carbon monoxide alarm in a one and two family dwelling or multifamily housing described in subsection (1) of this section must be installed in conformance with applicable rules of the State Fire Marshal and in conformance with any applicable requirements of the state building code.

����� (3) Violation of this section or a rule adopted by the State Fire Marshal does not invalidate any sale or transfer of possession of a one and two family dwelling or multifamily housing. [2009 c.591 �2]

����� 105.840 Action by purchaser for failure of seller to install carbon monoxide alarm. A purchaser or transferee of a one and two family dwelling or multifamily housing who is aggrieved by a violation of ORS 105.838 or of a rule adopted under ORS 476.725 may bring an individual action in an appropriate court to recover the greater of actual damages or $250 per residential unit. In any action brought under this section, the court may award to a prevailing party, in addition to the relief provided in this section, reasonable attorney fees at trial and on appeal, and costs. Actions brought under this section must be commenced within one year after the date of sale or transfer. [2009 c.591 �3]

����� 105.842 Tampering with carbon monoxide alarm. (1) As used in this section, �tamper� includes, but is not limited to, the removal of working batteries.

����� (2) Except as otherwise provided in this section, a person may not remove or tamper with a carbon monoxide alarm installed in a one and two family dwelling or multifamily housing. This section does not prohibit the removal of, or tampering with, a carbon monoxide alarm:

����� (a) For the purpose of replacing a defective alarm or conforming the installation of the alarm with State Fire Marshal rules;

����� (b) In a dwelling or housing that is being demolished or converted to nonresidential use; or

����� (c) For the period that the removal or tampering is necessary for an active process of remodeling or renovating the installation location. [2009 c.591 �6]

����� 105.844 Short title. ORS 90.316,