to 137.109.

137.101 to 137.109.

����� (7) A disclaimer of a power over property that is barred under this section is ineffective. A disclaimer of an interest in property that is barred under this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under ORS 105.623 to 105.649 had the disclaimer not been barred. [2001 c.245 �13; 2007 c.483 �1]

����� 105.645 Tax qualified disclaimer. Notwithstanding any other provision of ORS 105.623 to 105.649, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of the Internal Revenue Code and the regulations promulgated under that code, as in effect on December 31, 2010, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under ORS 105.623 to 105.649. [2001 c.245 �14; 2011 c.526 �16]

����� 105.646 Recording of disclaimer. If an instrument transferring an interest in property or a power over property that is subject to a disclaimer is required or permitted by law to be filed, recorded or registered, the disclaimer may be so filed, recorded or registered. Failure to file, record or register the disclaimer does not affect the validity of the disclaimer as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer. [2001 c.245 �15]

����� 105.647 Application to existing relationships. Except as otherwise provided in ORS 105.643, an interest in property or power over property existing on January 1, 2002, may be disclaimed in the manner provided by ORS 105.623 to 105.649 after January 1, 2002, unless the time for delivering or filing a disclaimer had expired under law in effect immediately before January 1, 2002. [2001 c.245 �16]

����� 105.648 Effect on recovery of money or property under ORS 411.620. ORS 105.623 to 105.649 do not allow any person to disclaim an interest in property, including any jointly held property, if the purpose or effect of the disclaimer is to prevent recovery of money or property under ORS 411.620. [2001 c.245 �17]

����� 105.649 Uniformity of application and construction. In applying and construing ORS 105.623 to 105.649, consideration must be given to the need to promote uniformity of the law with respect to disclaimers among states that enact versions of the Uniform Disclaimer of Property Interests Act. [2001 c.245 �18]

����� 105.655 [1971 c.780 �1; 1973 c.732 �4; 1979 c.258 �1; 1983 c.775 �1; 1991 c.968 �6; repealed by 1995 c.456 �9]

����� 105.660 [1971 c.780 �2; 1973 c.732 �3; repealed by 1995 c.456 �9]

����� 105.665 [1971 c.780 �3; repealed by 1995 c.456 �9]

PUBLIC USE OF LANDS

����� 105.668 Immunity from liability for injury or property damage arising from use of trail or structures in public easement or right of way. (1) As used in this section:

����� (a) �Local government� has the meaning given that term in ORS 174.116.

����� (b) �Structures� means improvements in a trail, including, but not limited to, stairs and bridges, that are accessible by a user on foot, on an equine or on a bicycle or other nonmotorized vehicle or conveyance.

����� (c) �Unimproved right of way� means a platted or dedicated public right of way over which a street, road or highway has not been constructed to the standards and specifications of the local government with jurisdiction over the public right of way and for which the local government has not expressly accepted responsibility for maintenance.

����� (2) In a city with a population of 500,000 or greater, a personal injury or property damage resulting from use of a trail that is in a public easement or in an unimproved right of way, or from use of structures in the public easement or unimproved right of way, by a user on foot, on an equine or on a bicycle or other nonmotorized vehicle or conveyance does not give rise to a private claim or right of action based on negligence against:

����� (a) The city;

����� (b) The officers, employees or agents of the city to the extent the officers, employees or agents are entitled to defense and indemnification under ORS 30.285;

����� (c) The owner of land abutting the public easement or unimproved right of way in the city; or

����� (d) A nonprofit corporation and its volunteers for the construction and maintenance of the trail or the structures in a public easement or unimproved right of way in the city.

����� (3) A local government to which subsection (2) of this section does not apply may opt to limit liability in the manner established by subsection (2) of this section by ordinance, resolution, rule, order or other regulation for:

����� (a) The local government;

����� (b) The officers, employees or agents of the local government to the extent the officers, employees or agents are entitled to defense and indemnification under ORS