810.010; and ����� (iii) The improvement, design or maintenance was completed in a manner that does not constitute: ����� (I) Gross negligence or reckless, wanton or intentional misconduct; or ����

810.010; and

����� (iii) The improvement, design or maintenance was completed in a manner that does not constitute:

����� (I) Gross negligence or reckless, wanton or intentional misconduct; or

����� (II) An activity for which the actor is strictly liable without regard to fault; and

����� (d) All machinery or equipment on the land described in paragraph (a) of this subsection.

����� (2) The immunities provided by ORS 105.682 apply to land if the owner transfers an easement to a public body to use the land.

����� (3) Except as provided in subsections (4) to (7) of this section, the immunities provided by ORS 105.682 do not apply if the owner makes any charge for permission to use the land for recreational purposes, gardening, woodcutting or the harvest of special forest products.

����� (4) If the owner charges for permission to use the owner�s land for one or more specific recreational purposes and the owner provides notice in the manner provided by subsection (8) of this section, the immunities provided by ORS 105.682 apply to any use of the land other than the activities for which the charge is imposed. If the owner charges for permission to use a specified part of the owner�s land for recreational purposes and the owner provides notice in the manner provided by subsection (8) of this section, the immunities provided by ORS 105.682 apply to the remainder of the owner�s land.

����� (5) The immunities provided by ORS 105.682 for gardening do not apply if the owner charges more than $25 per year for the use of the land for gardening. If the owner charges more than $25 per year for the use of the land for gardening, the immunities provided by ORS 105.682 apply to any use of the land other than gardening. If the owner charges more than $25 per year for permission to use a specific part of the owner�s land for gardening and the owner provides notice in the manner provided by subsection (8) of this section, the immunities provided by ORS 105.682 apply to the remainder of the owner�s land.

����� (6) The immunities provided by ORS 105.682 for woodcutting do not apply if the owner charges more than $75 per cord for permission to use the land for woodcutting. If the owner charges more than $75 per cord for the use of the land for woodcutting, the immunities provided by ORS 105.682 apply to any use of the land other than woodcutting. If the owner charges more than $75 per cord for permission to use a specific part of the owner�s land for woodcutting and the owner provides notice in the manner provided by subsection (8) of this section, the immunities provided by ORS 105.682 apply to the remainder of the owner�s land.

����� (7) The immunities provided by ORS 105.682 for the harvest of special forest products do not apply if the owner makes any charge for permission to use the land for the harvest of special forest products. If the owner charges for permission to use the owner�s land for the harvest of special forest products, the immunities provided by ORS 105.682 apply to any use of the land other than the harvest of special forest products. If the owner charges for permission to use a specific part of the owner�s land for harvesting special forest products and the owner provides notice in the manner provided by subsection (8) of this section, the immunities provided by ORS 105.682 apply to the remainder of the owner�s land.

����� (8) Notices under subsections (4) to (7) of this section may be given by posting, as part of a receipt, or by such other means as may be reasonably calculated to apprise a person of:

����� (a) The limited uses of the land for which the charge is made, and the immunities provided under ORS 105.682 for other uses of the land; or

����� (b) The portion of the land the use of which is subject to the charge, and the immunities provided under ORS 105.682 for the remainder of the land. [1995 c.456 �4; 1999 c.872 �7; 2001 c.206 �1; 2009 c.532 �2; 2010 c.52 �2; 2024 c.64 ��7,10; 2025 c.220 �3]

����� 105.689 [1979 c.434 �3; repealed by 1995 c.456 �9]

����� 105.691 [1979 c.434 �4; repealed by 1995 c.456 �9]

����� 105.692 Right to continued use of land following permitted use; presumption of dedication or other rights. (1) An owner of land who either directly or indirectly permits any person to use the land for recreational purposes, gardening, 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, gardening, 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. [1995 c.456 �5; 2009 c.532 �5]

����� 105.693 [1979 c.434 �5; repealed by 1995 c.456 �9]

����� 105.695 [1979 c.434 �6; repealed by 1995 c.456 �9]

����� 105.696 Duty of care or liability not created; exercise of care required of person using land. 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 gardening, for woodcutting or for the harvest of special forest products.

����� (2) Relieve a person using the land of another for recreational purposes, gardening, 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. [1995 c.456 �6; 2009 c.532 �6]

����� 105.697 [1979 c.434 �7; repealed by 1995 c.456 �9]

����� 105.699 Rules applicable to state lands. The State Forester, under the general supervision of the State Board of Forestry, may adopt any rules considered necessary for the administration of the provisions of ORS 105.672 to 105.696 on state land. [1979 c.434 �8; 1995 c.456 �7]

����� 105.700 Prohibiting public access to private land; notice requirements; damages. (1) In addition to and not in lieu of any other damages that may be claimed, a plaintiff who is a landowner shall receive liquidated damages in an amount not to exceed $1,000 in any action in which the plaintiff establishes that:

����� (a) The plaintiff closed the land of the plaintiff as provided in subsection (2) of this section; and

����� (b) The defendant entered and remained upon the land of the plaintiff without the permission of the plaintiff.

����� (2) A landowner or an agent of the landowner may close the privately owned land of the landowner by posting notice as follows:

����� (a) For land through which the public has no right of way, the landowner or agent must place a notice at each outer gate and normal point of access to the land, including both sides of a body of water that crosses the land wherever the body of water intersects an outer boundary line. The notice must be placed on a post, structure or natural object in the form of a sign or a blaze of paint. If a blaze of paint is used, it must consist of at least 50 square inches of fluorescent orange paint, except that when metal fence posts are used, approximately the top six inches of the fence post must be painted. If a sign is used, the sign:

����� (A) Must be no smaller than eight inches in height and 11 inches in width;

����� (B) Must contain the words �Closed to Entry� or words to that effect in letters no less than one inch in height; and

����� (C) Must display the name, business address and phone number, if any, of the landowner or agent of the landowner.

����� (b) For land through which or along which the public has an unfenced right of way by means of a public road, the landowner or agent must place:

����� (A) A conspicuous sign no closer than 30 feet from the center line of the roadway where it enters the land, containing words substantially similar to �PRIVATE PROPERTY, NO TRESPASSING OFF ROAD NEXT _____ MILES�; or

����� (B) A sign or blaze of paint, as described in paragraph (a) of this subsection, no closer than 30 feet from the center line of the roadway at regular intervals of not less than one-fourth mile along the roadway where it borders the land, except that a blaze of paint may not be placed on posts where the public road enters the land.

����� (3) Nothing contained in this section prevents emergency or law enforcement vehicles from entering upon the posted land.

����� (4) An award of liquidated damages under this section is not subject to ORS 31.725, 31.730 or