Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 105.815

When double damages are awarded for trespass; exception

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      105.815 When double damages are awarded for trespass; exception. (1) Except as provided in subsection (3) of this section, if, upon the trial of an action included in ORS 105.810, it appears that the trespass was casual or involuntary, or that the defendant had probable cause to believe that the land on which the trespass was committed was the land of the defendant or the land of the person in whose service or by whose direction the act was done, or that the tree or timber was taken from unenclosed woodland for the purpose of repairing any public highway or bridge upon the land or adjoining it, judgment shall be given for double damages.

      (2) A judgment for the costs of litigation and reforestation as provided in ORS 105.810 shall be in addition to and not in lieu of a judgment for damages under this section.

      (3) This section does not apply to a contract logger if the contract logger is subject only to actual damages under ORS 105.810 (4). [Amended by 1995 c.721 §2; 1999 c.544 §2]

Notes of Decisions
Cited in 35 cases (4 in the last 5 years), 1955–2024 · leading case: Wyatt v. Sweitz
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Wyatt v. Sweitz (1997) orctapp · cites it 19× “Plaintiff appeals, assigning error to the trial court’s allowance of partial judgment on the pleadings, ORCP 21 B, against his claim for “casual or involuntary” timber trespass, ORS 105.815. Defendant cross-appeals, assigning error to the trial court’s allowance of attorney…”
Kinzua Lumber Co. v. Daggett (1955) or · cites it 16× “” ORS 105.815 says: “If, upon the trial of an action included in ORS 105.”
Gordon Creek Tree Farms, Inc. v. Layne (1962) or · cites it 9× “*216 Relying on ORS 105.815, the court entered judgment against the Laynes and Hillyard and Harris for double that amount.”
Bighorn Logging Corp. v. Truck Ins. Exch. (2019) orctapp · cites it 2× “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 by Ater when it used a chainsaw to cut and girdle numerous trees on Ater's property in lieu of using the promised…”
Worman v. Columbia County (2008) orctapp · cites it 3× “810 and ORS 105.815, the double-damages timber trespass statutes] apply to injuries to [the] plaintiffs’ fruit crops and trees caused by fumes emitted from [the] defendants’ plant.”
Olson v. Howard (2010) orctapp · cites it 3× “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.”
Simington Gardens, LLC v. Rock Ridge Farms, LLC (2021) orctapp · cites it 24× “810, and double damages when the “trespass to pro- duce” is “casual or involuntary,” ORS 105.815. ORS 105.810 additionally provides for an award of attorney fees to the prevailing party.”
Ferguson v. Birmingham Fire Insurance Company (1969) or · cites it 2× “” The judgment was for $2,189, representing double damages as provided for in ORS 105.815, and costs. Mrs. Ferguson paid the judgment.”
Loe Et Ux v. Lenhard (1961) or · cites it 2× “The plaintiff proceeded on the theory that both defendants were liable for an accidental trespass.”
Holman Transfer Co. v. Pacific Northwest Bell Telephone Co. (1979) or · cites it 2× “In their briefs both parties discuss our cases involving the timber trespass statutes, but those cases are not particularly helpful with respect to the issue of statutory construction which is now before us.”
Nordling v. Johnston (1955) or · cites it 2× “There are many points of difference between this provision and ORS 105.815, which was considered in Kinzua Lumber Co.”
Sinsel v. Henderson (1983) orctapp · cites it 6× “The trial court awarded plaintiffs double damages for timber trespass, ORS 105.815, and dismissed defendants’ counterclaim and suit to quiet title to the property on the ground of adverse possession.”
Show all 35 citing cases →
— Or. Rev. Stat. § 105.815(1) — 5 cases
Bighorn Logging Corp. v. Truck Ins. Exch. (2019) orctapp “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 by Ater when it used a chainsaw to cut and girdle numerous trees on Ater's property in lieu of using the promised…”
Olson v. Howard (2010) orctapp “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.”
Harshbarger v. Klamath Cnty. (2018) orctapp
Simington Gardens, LLC v. Rock Ridge Farms, LLC (2021) orctapp “810, and double damages when the “trespass to pro- duce” is “casual or involuntary,” ORS 105.815. ORS 105.810 additionally provides for an award of attorney fees to the prevailing party.”
Thompson v. Marshall (2021) orctapp
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