Bill Text: OR HB2757 | 2011 | Regular Session | Introduced
Bill Title: Relating to use of land.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2757 Detail]
Download: Oregon-2011-HB2757-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 977
House Bill 2757
Sponsored by Representative CLEM (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Allows owner of land to receive liquidated damages in amount
not to exceed $1,000 in action in which owner establishes that
owner closed land to specific activities and defendant entered
upon land and engaged in prohibited activities without permission
of owner.
A BILL FOR AN ACT
Relating to use of land; creating new provisions; and amending
ORS 105.700.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + ORS 105.700 is added to and made a part of ORS
105.672 to 105.696. + }
SECTION 2. ORS 105.700 is amended to read:
105.700. (1) In addition to and not in lieu of any other
damages that may be claimed, a plaintiff who is { - a
landowner - } { + an owner of land + } shall receive liquidated
damages in an amount not to exceed $1,000 in any action in which
the plaintiff establishes that:
(a) The plaintiff closed the land of the plaintiff as provided
in subsection (2) of this section { - ; - } { + , + } and
{ - (b) - } the defendant entered and remained upon the land
of the plaintiff without the permission of the plaintiff { + ; or
(b) The plaintiff closed the land of the plaintiff to specific
activities as provided in subsection (3) of this section, and the
defendant entered upon the land of the plaintiff and engaged in
the prohibited activities without the permission of the
plaintiff + }.
(2) { - A landowner - } { + An owner of land + } or an
agent of the
{ - landowner - } { + owner + } may close the { - privately
owned - } land of the
{ - landowner - } { + owner to all activities + } by posting
notice as follows:
(a) For land through which the public has no right of way, the
{ - landowner - } { + owner of land + } or { + the + } agent
must place a notice at each outer gate and normal point of access
to the land, including both sides of a body of water that crosses
the land wherever the body of water intersects an outer boundary
line. The notice must be placed on a post, structure or natural
object in the form of a sign or a blaze of paint. If a blaze of
paint is used, it must consist of at least 50 square inches of
fluorescent orange paint, except that when metal fence posts are
used, approximately the top six inches of the fence post must be
painted. If a sign is used, the sign:
(A) Must be no smaller than { - eight - } { + 8 + } inches
in height and 11 inches in width;
(B) Must contain the words 'Closed to Entry' or words to that
effect in letters no less than one inch in height; and
(C) Must display the name, business address and { - phone - }
{ + telephone + } number, if any, of the { - landowner - }
{ + owner of the land + }or { + the + } agent of the
{ - landowner - } { + owner + }.
(b) For land through which or along which the public has an
unfenced right of way by means of a public road, the
{ - landowner - } { + owner of the land + } or { + the + }
agent must place:
(A) A conspicuous sign no closer than 30 feet from the center
line of the { - roadway where it - } { + public road where
the public road + } enters the land, containing words
substantially similar to ' PRIVATE PROPERTY, NO TRESPASSING OFF
ROAD NEXT ___ MILES'; or
(B) A sign or blaze of paint, as described in paragraph (a) of
this subsection, no closer than 30 feet from the center line of
the { - roadway - } { + public road + } at regular intervals
of not less than one-fourth mile along the { - roadway where
it - } { + public road where the public road + } borders the
land, except that a blaze of paint may not be placed on posts
where the public road enters the land.
{ + (3) An owner of land or an agent of the owner may close
the land of the owner to specific activities by posting notice as
follows:
(a) For land through which the public has no right of way, the
owner or the agent must place a sign at each outer gate and
normal point of access to the land, including both sides of a
body of water that crosses the land wherever the body of water
intersects an outer boundary line. The sign must be placed on a
post, structure or natural object, must be no smaller than 8
inches in height and 11 inches in width, must clearly state the
specific activities that are prohibited on the land in letters no
less than one inch in height, and must display the name, business
address and telephone number, if any, of the owner or agent.
(b) For land through which or along which the public has an
unfenced right of way by means of a public road, the owner or the
agent must place a conspicuous sign as described in paragraph (a)
of this subsection, no closer than 30 feet from the center line
of the public road where the public road enters the land, that
clearly states the specific activities that are prohibited on the
land, or must place a sign as described in paragraph (a) of this
subsection, no closer than 30 feet from the center line of the
public road, at regular intervals of not less than one-fourth
mile along the public road where the public road borders the
land. + }
{ - (3) - } { + (4) + } { - Nothing contained in this
section prevents - } { + An owner of land is not authorized by
this section to prevent + } emergency or law enforcement vehicles
from entering upon the posted land.
{ - (4) - } { + (5) + } An award of liquidated damages
under this section is not subject to ORS 31.725, 31.730 or
31.735.
{ - (5) - } { + (6) + } Nothing in this section affects any
other remedy, civil or criminal, that may be available for a
trespass described in this section.
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