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Oregon Revised Statutes

Or. Rev. Stat. § 477.066 (2026)

Duty of owner and operator to abate fire; abatement by authorities

✓ current as of May 2026
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      477.066 Duty of owner and operator to abate fire; abatement by authorities. (1) Each owner and operator of forestland on which a fire exists or from which it may have spread, notwithstanding the origin or subsequent spread thereof, shall immediately proceed to control and extinguish such fire when its existence comes to the knowledge of the owner or operator, without awaiting instructions from the forester, and shall continue until the fire is extinguished.

      (2) If the forester determines the fire is either burning uncontrolled or the owner or operator does not then have readily and immediately available personnel and equipment to control or extinguish the fire, the forester, or any forest protective association or agency under contract or agreement with the State Board of Forestry for the protection of forestland against fire, and within whose protection area the fire exists, shall summarily abate the nuisance thus constituted by controlling and extinguishing the fire.

      (3) An owner may request in writing that the forester employ alternate fire prevention and suppression strategies or techniques on the owner’s forestland. The forester may employ some or all of the requested strategies or techniques when, in the judgment of the forester, conditions warrant the use of the alternate strategies or techniques. [Formerly 477.036; 1961 c.603 §7; 1965 c.253 §51; 1967 c.429 §1; 1983 c.22 §2; 1999 c.355 §3]

Notes of Decisions
Cited in 10 cases, 1961–2000 · leading case: Defrees v. US, Through US Forest Serv., 738 F. Supp. 380 (D. Or. 1990).
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Defrees v. US, Through US Forest Serv., 738 F. Supp. 380 (D. Or. 1990). · cites it 2× “Plaintiffs’ negligence per se and statutory liability claims are based on alleged violations of ORS 477.066(1) and ORS 477.740(l)(d). Under ORS 477.”
State, by & Through St. Forester v. Estremado, 609 P.2d 893 (Or. Ct. App. 1980). · cites it 3× “068(1) provides: "In case an owner or operator fails to make the effort required by ORS 477.066, or is wilful, malicious or negligent in the origin of the *970 fire, the actual cost incurred by the forester or a forest protective association or agency in controlling or…”
State Forester v. Obrist, 390 P.2d 333 (Or. 1964). · cites it 5× “ORS 477.066 provides as follows: “The owner, easement holder, operator 1 and person in possession of forest land on which a fire exists, or from which it may have spread, or any of them, notwithstanding the origin or subsequent spread thereof on his own or other land, shall make…”
Am. Econ. Ins. Co. v. Commons, 552 P.2d 612 (Or. Ct. App. 1976). “Because the fire endangered forest land, the State Fire Marshal, pursuant to his authority under ORS 477.066, employed state equipment and personnel to enter the land and aid in bringing the fire under control.”
State v. California Oregon Power Co., 358 P.2d 524 (Or. 1961). · cites it 2× “(1) In case such owner, operator and person in possession, or any of them, shall fail to make the effort required by ORS 477.066, or where such owner, operator or person in possession is wilful, malicious or negligent in the origin of the fire, the actual cost of controlling or…”
State Ex Rel. Dep't of Forestry v. Jepson & Sons Logging Co., 668 P.2d 461 (Or. Ct. App. 1983). · cites it 5× “The state claimed that defendants failed to assert every reasonable effort to control and extinguish the fire and that they were therefore liable to the state pursuant to ORS 477.066 and ORS 477.068. 1 The state also alleged that defendants were strictly liable to the state…”
State ex rel. Dep't of Forestry v. Louisiana-Pac. Corp., 941 P.2d 1052 (Or. Ct. App. 1997). · cites it 5× “Finally, if the owner or operator on the forestland fails to perform its duties under ORS 477.066, or if the owner or operator is willful, malicious, or negligent in the origin or spread of the fire, it is liable for the costs of controlling and extinguishing the fire.”
State ex rel. Dep't of Forestry v. Louisiana Pac. Corp., 999 P.2d 487 (Or. Ct. App. 2000). · cites it 3× “068 (1995) read, in pertinent part, as follows: “(1) In case an owner or operator fails to perform the duty required by ORS 477.066, or is willful, malicious or negligent in the origin or subsequent spread of the fire, the actual cost incurred by the forester or a forest…”
State v. Columbia Basin Elec. Co-op, Inc., 646 P.2d 96 (Or. Ct. App. 1982). · cites it 7× “Under ORS 477.066, infra, each owner 2 or operator of forest land has a duty to “make every *593 reasonable effort to control and extinguish” a fire that exists on or spreads from the owner’s or operator’s land, or from which it may have spread, notwithstanding the origin.”
State v. Columbia Basin Elec. Co-op, Inc., 655 P.2d 1053 (Or. 1982). · cites it 5× “ORS 477.066 imposes upon every owner and operator of forest land the duty to make reasonable *288 efforts to control and extinguish fires.”
— Or. Rev. Stat. § 477.066(1) — 5 cases
Defrees v. US, Through US Forest Serv., 738 F. Supp. 380 (D. Or. 1990). “Plaintiffs’ negligence per se and statutory liability claims are based on alleged violations of ORS 477.066(1) and ORS 477.740(l)(d). Under ORS 477.”
State, by & Through St. Forester v. Estremado, 609 P.2d 893 (Or. Ct. App. 1980). “068(1) provides: "In case an owner or operator fails to make the effort required by ORS 477.066, or is wilful, malicious or negligent in the origin of the *970 fire, the actual cost incurred by the forester or a forest protective association or agency in controlling or…”
State Ex Rel. Dep't of Forestry v. Jepson & Sons Logging Co., 668 P.2d 461 (Or. Ct. App. 1983). “The state claimed that defendants failed to assert every reasonable effort to control and extinguish the fire and that they were therefore liable to the state pursuant to ORS 477.066 and ORS 477.068. 1 The state also alleged that defendants were strictly liable to the state…”
State ex rel. Dep't of Forestry v. Louisiana-Pac. Corp., 941 P.2d 1052 (Or. Ct. App. 1997). “Finally, if the owner or operator on the forestland fails to perform its duties under ORS 477.066, or if the owner or operator is willful, malicious, or negligent in the origin or spread of the fire, it is liable for the costs of controlling and extinguishing the fire.”
State v. Columbia Basin Elec. Co-op, Inc., 646 P.2d 96 (Or. Ct. App. 1982). “Under ORS 477.066, infra, each owner 2 or operator of forest land has a duty to “make every *593 reasonable effort to control and extinguish” a fire that exists on or spreads from the owner’s or operator’s land, or from which it may have spread, notwithstanding the origin.”
— Or. Rev. Stat. § 477.066(2) — 2 cases
State ex rel. Dep't of Forestry v. Louisiana-Pac. Corp., 941 P.2d 1052 (Or. Ct. App. 1997). “Finally, if the owner or operator on the forestland fails to perform its duties under ORS 477.066, or if the owner or operator is willful, malicious, or negligent in the origin or spread of the fire, it is liable for the costs of controlling and extinguishing the fire.”
State ex rel. Dep't of Forestry v. Louisiana Pac. Corp., 999 P.2d 487 (Or. Ct. App. 2000). “068 (1995) read, in pertinent part, as follows: “(1) In case an owner or operator fails to perform the duty required by ORS 477.066, or is willful, malicious or negligent in the origin or subsequent spread of the fire, the actual cost incurred by the forester or a forest…”
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