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105.677 [1973 c.732 §2; repealed by 1995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105.680 [1971 c.780 §6; repealed by 1995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]
Notes of Decisions
Coleman v. Oregon Parks & Rec. Dep't, 217 P.3d 651 (Or. 2009).
· cites it 4× “682 grants immunity to landowners who open their land to the public for recreational purposes: "(1) Except as provided by subsection (2) of this section, and subject to the provisions of ORS 105.”
Landis v. Limbaugh, 385 P.3d 1139 (Or. Ct. App. 2016).
· cites it 3× “ners of land to make their land available to the public for recreational purposes, * * * 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…”
McCormick v. State Parks & Rec. Dept., 466 P.3d 10 (Or. 2020).
· cites it 3× “State Parks and Recreation Dept. make their land available to the public for recreational pur- poses, 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 protect- ing…”
Conant v. Stroup, 51 P.3d 1263 (Or. Ct. App. 2002).
· cites it 2× “676 declares that “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 woodcutting and for the harvest of special forest products by limiting their liability toward persons entering…”
Johnson v. Gibson, 369 P.3d 1151 (Or. 2016).
“660 (1971), now codified as amended as ORS 105.676 (emphasis added). The immunities provided by the Act apply only if “[t]he owner makes no charge for permission to use the land.”
Coleman v. Oregon Parks & Rec. Dep't, 190 P.3d 487 (Or. Ct. App. 2008).
· cites it 2× “The legislature has explicitly stated the policy supporting that quid pro quo: “[I]t 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 * * * by limiting their liability toward persons…”
Liberty v. State, 116 P.3d 902 (Or. Ct. App. 2005).
“676 declares the state’s policy of encouraging owners to make their land available to the public for recreational use: “[I]t 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…”
Ouradnik v. Ouradnik, 897 N.W.2d 300 (Minn. Ct. App. 2017).
“21 § 17C(a) (2016) (“Any person having an interest in land ... who lawfully permits the public to use such land for recreational .”
Waggoner v. City of Woodburn, 103 P.3d 648 (Or. Ct. App. 2004).
“ORS 105.676 declares that “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 * * * by limiting their liability toward persons entering thereon for such purposes.”
Ortega v. Martin, 427 P.3d 1103 (Or. Ct. App. 2018).
· cites it 2× “It states: "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…”
Fields v. City of Newport, 533 P.3d 384 (Or. Ct. App. 2023).
· cites it 2× “Members of the rescue team also fell “where [plaintiff] had fallen” when they arrived, and they had difficulty getting their all-terrain vehicle (ATV) to her because “[t]he tires couldn’t get enough traction to go up the incline[ ]” of the wooden bridge. The tires “would just…”
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