Title 105 · ORS Chapter 105
30.285; ����� (c) The owner of land abutting the public easement or unimproved right of way in the local government; or ����� (d) A nonprofit corporation and its volunteers for the construction and
Citation: ORS 30.285
Section: 30.285
30.285;
����� (c) The owner of land abutting the public easement or unimproved right of way in the local government; 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 local government.
����� (4) This section does not grant immunity from liability:
����� (a) Except as provided in subsection (2)(b) or (3)(b) of this section, to a person that receives compensation for providing assistance, services or advice in relation to conduct that leads to a personal injury or property damage.
����� (b) For gross negligence or reckless, wanton or intentional misconduct.
����� (c) For an activity for which a person is strictly liable without regard to fault. [2011 c.528 �1; 2024 c.64 ��5,8; 2025 c.220 �1]
����� 105.670 [1971 c.780 �4; repealed by 1995 c.456 �9]
����� 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.
����� (c) Does not include the fee for a winter recreation parking permit or any other parking fee of $15 or less per day.
����� (2) �Harvest� has that meaning given in ORS 164.813.
����� (3) �Land� includes all real property, whether publicly or privately owned.
����� (4) �Owner� means:
����� (a) The possessor of any interest in any land, including but not limited to the holder of any legal or equitable title, a tenant, a lessee, an occupant, the holder of an easement, the holder of a right of way or a person in possession of the land;
����� (b) An officer, employee, volunteer or agent of a person described in paragraph (a) of this subsection, while acting within the scope of assigned duties; and
����� (c) A director, partner, general partner, shareholder, limited liability company member, limited liability partner or limited partner of a person described in paragraph (a) of this subsection.
����� (5) �Recreational purposes� includes, but is not limited to, outdoor activities such as hunting, fishing, swimming, boating, camping, picnicking, hiking, walking, running, bicycling, 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. [1995 c.456 �1; 2007 c.372 �1; 2009 c.532 �1; 2010 c.52 �1; 2017 c.449 �1; 2024 c.64 ��6,9; 2025 c.220 �2]
����� 105.675 [1971 c.780 �5; 1987 c.708 �4; repealed by 1995 c.456 �9]
����� 105.676 Public policy. 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. [1995 c.456 �2; 2009 c.532 �3]
����� 105.677 [1973 c.732 �2; repealed by 1995 c.456 �9]
����� 105.680 [1971 c.780 �6; repealed by 1995 c.456 �9]
����� 105.682 Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products. (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 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. [1995 c.456 �3; 2009 c.532 �4]
����� 105.685 [1979 c.434 �1; 1985 c.375 �1; repealed by 1995 c.456 �9]
����� 105.687 [1979 c.434 �2; repealed by 1995 c.456 �9]
����� 105.688 Applicability of immunities from liability for owner of land; restrictions. (1) Except as specifically provided in ORS 105.672 to 105.696, the immunities provided by ORS 105.682 apply to:
����� (a) All land, including but not limited to 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 land described in paragraph (a) of this subsection;
����� (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, provided that:
����� (A) The right of way has 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; or
����� (B)(i) The right of way has been improved, designed or maintained to provide access for recreational purposes, gardening, woodcutting or the harvest of special forest products;
����� (ii) The right of way is not a highway under the jurisdiction of a road authority under ORS