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105.672 PROPERTY RIGHTS AND TRANSACTIONS PUBLIC USE OF LANDS land either directly or indirectly permits any 105.672 Definitions for ORS 105.672 to person to use the land for recreational pur - 105.696. As used in ORS 105.672 to 105.696: poses, woodcutting or the harvest of special forest products. The limitation on liability (1) "Charge" means the admission price provided by this section applies if the prince- or fee asked by any owner in return for per- pal purpose for entry upon the land is for mission to enter or go upon the owner's land. recreational purposes, woodcutting or the (2) "Harvest" has that meaning given in harvest of special forest products, and is not ORS 164.813. affected if the injury, death or damage occurs while the person entering land is engaging in (3) "Land" includes all real property, activities other than the use of the land for whether publicly or privately owned. recreational purposes, woodcutting or the (4) "Owner" means the possessor of any harvest of special forest products. interest in any land, including but not lim- (2) This section does not limit the liabil- ited to possession of a fee title. "Owner" ity of an owner of land for intentional injury includes a tenant, lessee, occupant or other or damage to a person coming onto land for person in possession of the land. recreational purposes, woodcutting or the (5) "Recreational purposes" includes, but harvest of special forest products. [1995 c.456 is not limited to, outdoor activities such as §31 hunting, fishing, swimming, boating, camp- 105.685 [1979 c.434 §1; •1985 c.375 §1; repealed by 1995 ing, picnicking, hiking, nature study, outdoor c.456 §91 educational activities, waterskiing, winter 105.887 [1979 c.434 §2; repealed by 1995 c.456 §9] sports, viewing or enjoying historical, ar- 105.688 Applicability of immunities chaeological, scenic or scientific sites or vol- from liability for owner of land; re- unteering for any public purpose project. strictions. (1) Except as specifically pro - (6) "Special forest products" has that vided in ORS 105.672 to 105.696, the meaning given in ORS 164.813. immunities provided by ORS 105.682 apply to (7) "Woodcutting" means the cutting or (a) All public and private lands, including removal of wood from land by an individual but not limited to lands adjacent or contig- who has obtained permission from the owner uous to any bodies of water, watercourses or of the land to cut or remove wood. [1995 c.456 the ocean shore as defined by ORS 390.605; . §1] (b) All roads, bodies of water, water- tie 105.675 [1971 c.780 §5; 1987 c.708 §4; repealed by 1995 courses, rights of way, buildings, fixtures and c.456 §91 structures on the lands described in para- :; Y 105.676 Public policy. The Legislative graph (a) of this subsection; and , i, Assembly hereby declares it is the public (c) All machinery or equipment on the policy of the State of Oregon to encourage lands described in paragraph (a) of this sub - owners of land to make their land available section. to the public for recreational purposes, for (2) The immunities provided by ORS woodcutting and for the harvest of special 105.682 apply only if: forest products by limiting their liability to- ward persons . entering thereon for such pur- (a) The owner makes no charge for per - poses and by protecting their interests in mission to use the land; their land from the extinguishment of any (b) The owner transfers an easement to such interest or the acquisition by the public a public body to use the land; or . of any right to use or continue the use of ( The owner charges no more than $75 such land for recreational purposes, wood- per cord for permission to use the land for cutting or the harvest of special forest pro- ducts. [1995 c.456 §2] woodcutting. [1995 c.456 §4; 1999 c.872 §7; 2001 c.206 §11 105.677 [1973 c.732 §2; repealed by 1995 c.456 §9] 105.689 [1979 c.434 §3; repealed by 1995 c.456 §9] 105.680 [1971 c.780 §6; repealed by 1995 c.456 §91 105.691 [1979 c.434 §4; repealed by 1995 c:456 §9] 105.682 Liabilities of owner of land 105,692 No right to continued use of v > used by public for recreational purposes, land if owner of land permits use of land; woodcutting or harvest of special forest no presumption of dedication or other products. (1) Except as provided by subset- rights. (1) An owner of land who either di- tion (2) of this section, and subject to the rectly or indirectly permits any person to use provisions of ORS 105.688, an owner of land the land for recreational purposes, woodcut - is not liable in contract or tort for any per- ting or the harvest of special forest products sonal injury, death or property damage that does not give that person or any other per - arises out of the use of the land for recre- son a right to continued use of the land for ational purposes, woodcutting or the harvest those purposes without the consent of the of special forest products when the owner of owner. Title 10 Page 378 . (2005 Edition)