Oregon Revised Statutes

Or. Rev. Stat. § 608.015 (2026)

Civil liability for animals trespassing on adequately fenced land situated on open range

✓ current as of May 2026

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608.015 Civil liability for animals trespassing on adequately fenced land situated on open range. (1) As used in this section, “open range” means an area wherein livestock may lawfully be permitted to run at large.

(2) A person who permits a horse, mule, ass, sheep, goat or animal of the bovine species to trespass on land enclosed by an adequate fence and situated on open range shall be liable to the owner or lawful possessor of the enclosed land for damage done by the animal. The person seeking to recover the damages shall plead and prove that the fence of the person consisted of structures, masonry, hedges, ditches, rails, poles, planks, rivers, streams, ponds, lakes, wire fences, natural or artificial barriers of any kind or any combination thereof. The adequacy of the fence shall be determined by reference to the customs and practices of good husbandry in the particular area with reference to fences. The question of the existence of the fence and the adequacy thereof are questions of fact.

(3) Nothing contained in subsection (2) of this section is intended to modify the provisions of ORS 608.310 to 608.400. [1957 c.476 §§1,2; 2013 c.1 §78]

608.020 [Repealed by 1957 c.476 §4]

608.030 [Repealed by 1957 c.476 §4]

608.040 [Repealed by 1957 c.476 §4]

608.050 [Repealed by 1957 c.476 §4]

608.060 [Repealed by 1957 c.476 §4]

608.070 [Repealed by 1957 c.476 §4]

608.080 [Repealed by 1957 c.476 §4]

608.210 [Repealed by 1957 c.476 §4]

608.220 [Repealed by 1957 c.476 §4]

608.230 [Repealed by 1957 c.476 §4]

608.240 [Repealed by 1957 c.476 §4]

608.250 [Repealed by 1957 c.476 §4]

608.260 [Repealed by 1957 c.476 §4]

608.270 [Repealed by 1957 c.476 §4]

FENCES AND CROSSINGS ON RAILROAD RIGHT OF WAY; RAILROAD LIABILITY

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1978–2021 · leading case: Maguire v. Yanke, 590 P.2d 85 (Idaho 1978).

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Maguire v. Yanke, 590 P.2d 85 (Idaho 1978). · cites it 2× “Stat. Ann. §§ 47-13-1 et seq. (1977); Or. Rev.”

Simington Gardens, LLC v. Rock Ridge Farms, LLC, 481 P.3d 396 (Or. Ct. App. 2021). “, ORS 608.015 (describing liabil- ity of a person for permitting animals “to trespass on land enclosed by an adequate fence”).”

Haneberg v. Myers, 951 P.2d 146 (Or. 1997). · cites it 3× “ORS 608.015 creates civil liability for trespass when livestock enter “land enclosed by an adequate fence and situated on open range.”

— Or. Rev. Stat. § 608.015(2) — 1 case

Haneberg v. Myers, 951 P.2d 146 (Or. 1997). “ORS 608.015 creates civil liability for trespass when livestock enter “land enclosed by an adequate fence and situated on open range.”

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