Oregon Revised Statutes

Or. Rev. Stat. § 273.241 (2026)

Action to recover damages for unlawful removal of material

✓ current as of May 2026

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273.241 Action to recover damages for unlawful removal of material. (1) Removal of material from any property of the State of Oregon under the control of the Department of State Lands by any person without lawful authority is a trespass for which the state, in addition to any action commenced under ORS 273.990, may also commence an action for damages. If damages are assessed against the defendant in any such action, the state shall be awarded double the amount of damages assessed if the trespass is willful. Proof by the state of its ownership of the premises is prima facie evidence that the trespass, if committed, was willful.

(2) Any action under subsection (1) of this section must be commenced within six years from the date of the trespass or the date on which the trespass is discovered by the state, whichever last occurs. [Formerly 274.605]

MANAGEMENT AND DISPOSITION OF REAL ESTATE

Notes of Decisions

Cited in 1 case, 2001–2001 · leading case: Gladhart v. Oregon Vineyard Supply Co., 26 P.3d 817 (Or. 2001).

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Gladhart v. Oregon Vineyard Supply Co., 26 P.3d 817 (Or. 2001). “7250(2) (1977) (action for breach of warranty extending to future performance “accrues when the breach is or should have been discovered”); ORS 273.241(2) (1977) (action based on removal of material from state lands “must be commenced within six years from the date of the…”

— Or. Rev. Stat. § 273.241(2) — 1 case

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