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
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]
Notes of Decisions
Coleman v. Oregon Parks & Rec. Dep't, 217 P.3d 651 (Or. 2009).
· cites it 36× “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 105.688, an owner of land is not liable in contract or tort for any personal injury,…”
Stedman v. Dept. of Forestry, 502 P.3d 234 (Or. Ct. App. 2021).
· cites it 9× “As the state argues, plaintiff’s theory would make a fishing license seem to be a “charge” eliminating recre- ational immunity on state lands and waters.”
Fields v. City of Newport, 533 P.3d 384 (Or. Ct. App. 2023).
· cites it 39× “The lim- itation on liability provided by this section applies if the principal purpose for entry upon the land is for recreational purposes * * * and is not affected if the injury * * * occurs while the person entering land is engaging in activities other than the use of the…”
Liberty v. State, Dep't of Transp., 148 P.3d 909 (Or. 2006).
· cites it 5× “682(1) provides: “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…”
Coleman v. Oregon Parks & Rec. Dep't, 190 P.3d 487 (Or. Ct. App. 2008).
· cites it 9× “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 * * * when the owner of land either directly or indirectly permits any person to use the land for…”
Brewer v. Dep't of Fish & Wildlife, 2 P.3d 418 (Or. Ct. App. 2000).
· cites it 6× “682(1) provides: "Except as provided by subsection (2) of this section [pertaining to intentional injuries], and subject to the provisions of ORS 105.688 [limiting immunity to those who do not charge for use of the land or who charge no more than $20 per cord for woodcutting on…”
Johnson v. Gibson, 369 P.3d 1151 (Or. 2016).
· cites it 3× “We begin with the first question posed and the text of the Oregon Public Use of Lands Act, which provides, in part: “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…”
McCormick v. State Parks & Rec. Dept., 466 P.3d 10 (Or. 2020).
· cites it 5× “682 provides: “(1) Except as provided by subsection (2) of this sec- tion, and subject to the provisions of ORS 105.688,[3] 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…”
Landis v. Limbaugh, 385 P.3d 1139 (Or. Ct. App. 2016).
· cites it 3× “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…”
McCormick v. State Parks & Rec. Dept., 482 P.3d 187 (Or. Ct. App. 2020).
· cites it 3× “Under ORS 105.688, the state would not, in general, be entitled to recreational immunity under ORS 105.”
Waggoner v. City of Woodburn, 103 P.3d 648 (Or. Ct. App. 2004).
· cites it 3× “The applicability of the statutory immunity is further described in ORS 105.688, which provides, in part, that, subject to exceptions not pertinent to this case, “the immunities provided by ORS 105.”
Liberty v. State, 116 P.3d 902 (Or. Ct. App. 2005).
· cites it 2× “First, it argues that we need not determine whether using its property for mere access to another property for recreational purposes is itself a recreational purpose within the meaning of the statute because another statute — ORS 105.688 — provides that the immunity provided in…”
— Or. Rev. Stat. § 105.688(1) — 2 cases
— Or. Rev. Stat. § 105.688(1)(a) — 2 cases
Fields v. City of Newport, 533 P.3d 384 (Or. Ct. App. 2023).
“The lim- itation on liability provided by this section applies if the principal purpose for entry upon the land is for recreational purposes * * * and is not affected if the injury * * * occurs while the person entering land is engaging in activities other than the use of the…”
— Or. Rev. Stat. § 105.688(1)(b) — 3 cases
Brewer v. Dep't of Fish & Wildlife, 2 P.3d 418 (Or. Ct. App. 2000).
“682(1) provides: "Except as provided by subsection (2) of this section [pertaining to intentional injuries], and subject to the provisions of ORS 105.688 [limiting immunity to those who do not charge for use of the land or who charge no more than $20 per cord for woodcutting on…”
— Or. Rev. Stat. § 105.688(1)(c) — 5 cases
Fields v. City of Newport, 533 P.3d 384 (Or. Ct. App. 2023).
“The lim- itation on liability provided by this section applies if the principal purpose for entry upon the land is for recreational purposes * * * and is not affected if the injury * * * occurs while the person entering land is engaging in activities other than the use of the…”
— Or. Rev. Stat. § 105.688(2)(a) — 6 cases
Coleman v. Oregon Parks & Rec. Dep't, 217 P.3d 651 (Or. 2009).
“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 105.688, an owner of land is not liable in contract or tort for any personal injury,…”
Coleman v. Oregon Parks & Rec. Dep't, 190 P.3d 487 (Or. Ct. App. 2008).
“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 * * * when the owner of land either directly or indirectly permits any person to use the land for…”
Johnson v. Gibson, 369 P.3d 1151 (Or. 2016).
“We begin with the first question posed and the text of the Oregon Public Use of Lands Act, which provides, in part: “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…”
Stedman v. Dept. of Forestry, 502 P.3d 234 (Or. Ct. App. 2021).
“As the state argues, plaintiff’s theory would make a fishing license seem to be a “charge” eliminating recre- ational immunity on state lands and waters.”
— Or. Rev. Stat. § 105.688(2)(c) — 1 case
Coleman v. Oregon Parks & Rec. Dep't, 217 P.3d 651 (Or. 2009).
“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 105.688, an owner of land is not liable in contract or tort for any personal injury,…”
— Or. Rev. Stat. § 105.688(3) — 9 cases
Stedman v. Dept. of Forestry, 502 P.3d 234 (Or. Ct. App. 2021).
“As the state argues, plaintiff’s theory would make a fishing license seem to be a “charge” eliminating recre- ational immunity on state lands and waters.”
Johnson v. Gibson, 369 P.3d 1151 (Or. 2016).
“We begin with the first question posed and the text of the Oregon Public Use of Lands Act, which provides, in part: “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…”
McCormick v. State Parks & Rec. Dept., 466 P.3d 10 (Or. 2020).
“682 provides: “(1) Except as provided by subsection (2) of this sec- tion, and subject to the provisions of ORS 105.688,[3] 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…”
— Or. Rev. Stat. § 105.688(4) — 2 cases
— Or. Rev. Stat. § 105.688(8) — 1 case
— Or. Rev. Stat. § 105.688(l)(a) — 3 cases
Liberty v. State, Dep't of Transp., 148 P.3d 909 (Or. 2006).
“682(1) provides: “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…”
Waggoner v. City of Woodburn, 103 P.3d 648 (Or. Ct. App. 2004).
“The applicability of the statutory immunity is further described in ORS 105.688, which provides, in part, that, subject to exceptions not pertinent to this case, “the immunities provided by ORS 105.”
— Or. Rev. Stat. § 105.688(l)(b) — 3 cases
Brewer v. Dep't of Fish & Wildlife, 2 P.3d 418 (Or. Ct. App. 2000).
“682(1) provides: "Except as provided by subsection (2) of this section [pertaining to intentional injuries], and subject to the provisions of ORS 105.688 [limiting immunity to those who do not charge for use of the land or who charge no more than $20 per cord for woodcutting on…”
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