105.810 Treble
damages for injury to or removal of produce, trees or shrubs; costs and
attorney fees; limitation on liability of contract logger. (1) Except as provided in ORS
477.089 and 477.092 and subsections (4) to (7) of this section, whenever any
person, without lawful authority, willfully injures or severs from the land of
another any produce thereof or cuts down, girdles or otherwise injures or
carries off any tree, timber or shrub on the land of another person, or of the
state, county, United States or any public corporation, or on the street or
highway in front of any person’s house, or in any village, town or city lot, or
cultivated grounds, or on the common or public grounds of any village, town or
city, or on the street or highway in front thereof, in an action by such
person, village, town, city, the United States, state, county, or public
corporation, against the person committing such trespasses if judgment is given
for the plaintiff, it shall be given for treble the amount of damages claimed,
or assessed for the trespass. In any such action, upon plaintiff’s proof of
ownership of the premises and the commission by the defendant of any of the
acts mentioned in this section, it is prima facie evidence that the acts were
committed by the defendant willfully, intentionally and without plaintiff’s
consent.
(2) A court may,
in its discretion, award to a prevailing party under subsection (1) of this
section reimbursement of reasonable costs of litigation including but not
limited to investigation costs and attorney fees.
(3) A court may,
in its discretion, award to a prevailing plaintiff under subsection (1) of this
section reasonable costs of reforestation activities related to the injury
sustained by the plaintiff.
(4) A contract
logger is liable only for actual damages in an action under this section if:
(a) The contract
logger conducts an operation under a signed, written contract with a person the
contract logger reasonably believes to be the legal owner of the produce,
trees, timber or shrubs in the operation area;
(b) The contract
identifies the operation area by a metes and bounds description or other
sufficient legal description;
(c) Before the
contract logger begins harvesting in the operation area, the person who engages
the contract logger under the contract:
(A) Locates,
marks and protects from damage all survey monuments in the operation area;
(B) Flags, stakes
or otherwise clearly marks the boundaries of the operation area; and
(C) Provides the
contract logger with a copy of the deed, contract or other instrument that the
person who engages the contract logger under the contract relies upon as proof
of ownership of the produce, trees, timber or shrubs in the operation area;
(d) The contract
logger verifies the deed, contract or instrument described in paragraph (c)(C)
of this subsection against the metes and bounds description or other sufficient
legal description in the contract;
(e) The contract
logger retains a copy of the deed, contract or instrument described in
paragraph (c)(C) of this subsection for at least three years; and
(f) The contract
logger does not receive written notice that any person has a claim of title to
the land or timber in the operation area that is adverse to the person who
engages the contract logger under the contract.
(5) Subsection
(4) of this section does not affect an action for double or treble damages
against a contract logger for damages outside the operation area as described
in subsection (4) of this section.
(6) If an action
is brought under this section against a contract logger, and the contract
logger was engaged to harvest the timber by a person who purported to own the
timber or to have authority to harvest the timber, the person who engaged the
contract logger must be joined in the action as a defendant unless jurisdiction
over the person cannot be had. If a judgment is entered against the contract
logger and against the person who engaged the contract logger, the contract
logger shall not be required to pay any part of the judgment unless the
plaintiff establishes that the judgment cannot be enforced against the person
who engaged the contract logger. The plaintiff may enforce the judgment against
the contract logger only if:
(a) The plaintiff
makes a good faith effort for at least six months after the judgment becomes
final and subject to execution to enforce the judgment against the person who
engaged the contract logger; and
(b) The court
determines, upon motion of the plaintiff, that all or part of the judgment
cannot be collected from the person who engaged the contract logger.
(7) Subsections
(2) and (3) of this section apply in an action against a contract logger under
subsection (4) of this section.
(8) For purposes
of this section:
(a) “Contract
logger” means a person engaged in a commercial timber harvesting operation.
(b) “Operation”
has the meaning given that term in ORS 527.620. [Amended by 1995 c.721 §1; 1999
c.544 §1; 2013 c.307 §4; 2022 c.33 §77]
Notes of Decisions
Bighorn Logging Corp. v. Truck Ins. Exch., 437 P.3d 287 (Or. Ct. App. 2019).
· cites it 11× “In the first amended complaint, Ater specifically alleged both "intentional" and "negligent" timber trespass, ORS 105.810 ; ORS 105.815. Ater relied on the same factual allegations to support both claims, namely, Ater alleged that Bighorn had exceeded the limited license granted…”
Worman v. Columbia Cnty., 195 P.3d 414 (Or. Ct. App. 2008).
· cites it 13× “We turn, finally, to the trial court’s conclusion that plaintiffs failed to state a claim for timber trespass under ORS 105.810. ORS 105.810(1) provides, in part: “[W]henever any person, without lawful authority, willfully injures or severs from the land of another any produce…”
Olson v. Howard, 239 P.3d 510 (Or. Ct. App. 2010).
· cites it 13× “See ORS 105.810; ORS 105.815. 2 Howard, in a single motion, moved to strike all allegations from plaintiffs amended complaint that pertained to him, or, alternatively, to make the amended complaint more definite and certain regarding what relief was sought against him.”
Jongeward v. BNSF Ry. Co., 278 P.3d 157 (Wash. 2012).
· cites it 4× “Whenever any person shall cut down, girdle or otherwise injure, or carry off, any tree, timber, or shrub on the land of another person, or on the street or highway, in front of any person's house, village, town or city lot, or cultivated grounds, or on the commons, or public…”
Wyatt v. Sweitz, 934 P.2d 544 (Or. Ct. App. 1997).
· cites it 13× “2 Both timber trespass counts alleged: *726 “On or about January 5, 1993, defendant’s pickup slid off a public highway, coming to rest on plaintiffs property. Without plaintiffs permission, or a license to do so, defendant made an intrusion onto plaintiffs property with a…”
Vloedman v. Cornell, 984 P.2d 906 (Or. Ct. App. 1999).
· cites it 12× “The Cornells counterclaimed under ORS 105.810, alleging that, from 1992 to 1994, the Vloedmans unlawfully removed crops from the land.”
Gordon Creek Tree Farms, Inc. v. Layne, 368 P.2d 737 (Or. 1962).
· cites it 6× “This it did, and we think correctly, notwithstanding that plaintiff's prayer was for treble damages (ORS 105.810). 23. The defendants argue that because the trespass was found to be wilful and wanton on the part of the Laynes, the court had no alternative but to enter judgment…”
United States v. Firchau, 380 P.2d 800 (Or. 1963).
· cites it 9× “ORS 105.810. “* * * [Whenever any per *243 son, without lawful authority, wilfully injures or severs from the land of another any produce thereof or cuts down, girdles or otherwise injures or carries off any tree, timber or shrub on the land of another person, or of the state,…”
Kinzua Lumber Co. v. Daggett, 281 P.2d 221 (Or. 1955).
· cites it 7× “Sections 8-406 and 8-407, OCLA, mentioned in the stipulation, are now ORS 105.810 and 105.815. The former makes provision that judgment ‘ ‘ for treble the amount of damages claimed, or assessed for the trespass” shall be entered against any person who “without lawful authority,…”
Ashcraft v. Saunders, 444 P.2d 924 (Or. 1968).
· cites it 8× “Plaintiffs recovered a judgment for treble damages pursuant to ORS 105.810 and defendant appeals. Defendant concedes the trespass, but contends that plaintiffs are entitled to recover at most double damages, as provided in ORS 105.”
Ferguson v. Birmingham Fire Ins. Co., 460 P.2d 342 (Or. 1969).
· cites it 3× “Although the Guenther complaint alleged a willful trespass (to bring the intrusion within ORS 105.810 permitting the recovery of treble damages), the Guenthers, Avithout amending the complaint, were entitled to recover double damages under ORS 105.”
— Or. Rev. Stat. § 105.810(1) — 14 cases
Bighorn Logging Corp. v. Truck Ins. Exch., 437 P.3d 287 (Or. Ct. App. 2019).
“In the first amended complaint, Ater specifically alleged both "intentional" and "negligent" timber trespass, ORS 105.810 ; ORS 105.815. Ater relied on the same factual allegations to support both claims, namely, Ater alleged that Bighorn had exceeded the limited license granted…”
Olson v. Howard, 239 P.3d 510 (Or. Ct. App. 2010).
“See ORS 105.810; ORS 105.815. 2 Howard, in a single motion, moved to strike all allegations from plaintiffs amended complaint that pertained to him, or, alternatively, to make the amended complaint more definite and certain regarding what relief was sought against him.”
Jongeward v. BNSF Ry. Co., 278 P.3d 157 (Wash. 2012).
“Whenever any person shall cut down, girdle or otherwise injure, or carry off, any tree, timber, or shrub on the land of another person, or on the street or highway, in front of any person's house, village, town or city lot, or cultivated grounds, or on the commons, or public…”
Worman v. Columbia Cnty., 195 P.3d 414 (Or. Ct. App. 2008).
“We turn, finally, to the trial court’s conclusion that plaintiffs failed to state a claim for timber trespass under ORS 105.810. ORS 105.810(1) provides, in part: “[W]henever any person, without lawful authority, willfully injures or severs from the land of another any produce…”
— Or. Rev. Stat. § 105.810(2) — 7 cases
Olson v. Howard, 239 P.3d 510 (Or. Ct. App. 2010).
“See ORS 105.810; ORS 105.815. 2 Howard, in a single motion, moved to strike all allegations from plaintiffs amended complaint that pertained to him, or, alternatively, to make the amended complaint more definite and certain regarding what relief was sought against him.”
Vloedman v. Cornell, 984 P.2d 906 (Or. Ct. App. 1999).
“The Cornells counterclaimed under ORS 105.810, alleging that, from 1992 to 1994, the Vloedmans unlawfully removed crops from the land.”
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