Oregon Revised Statutes
Or. Rev. Stat. § 477.064 (2026)
Uncontrolled fire declared nuisance
✓ current as of May 2026
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477.064 Uncontrolled fire declared nuisance. Any fire on any forestland in Oregon burning uncontrolled or without proper action being taken to prevent its spread, notwithstanding its origin, is declared a public nuisance by reason of its menace to life, forest resources or property. The spread of fire in forestland across an ownership boundary is prima facie evidence of fire burning uncontrolled. [Formerly 477.034; 1997 c.274 §3]
Notes of Decisions
Cited in 2
cases, 1994–1997 · leading case: Henderson v. Nielsen, 871 P.2d 495 (Or. Ct. App. 1994).
Henderson v. Nielsen, 871 P.2d 495 (Or. Ct. App. 1994). “” Plaintiffs contend that the fire in this case was in violation of ORS 477.064, which provides, in part: “Any fire on any forestland in Oregon burning uncontrolled or without proper action being taken to prevent its spread, notwithstanding its origin, is declared a public…”
State ex rel. Dep't of Forestry v. Louisiana-Pac. Corp., 941 P.2d 1052 (Or. Ct. App. 1997). “066(1) requires owners and operators on forestland on which a fire exists, or from which it has spread, to proceed to control and extinguish it immediately upon learning of the existence of the fire.”
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