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<br /> PROPERTY RIGHTS 105.700
<br /> (2) The fact that an owner of land allows (b) The defendant entered and remained ! l i
<br /> the public to use the land for recreational upon the land of the plaintiff without the { y
<br /> purposes, woodcutting or the harvest of spe- permission of the plaintiff. !I f:
<br /> cial forest products without posting, fencing
<br /> or otherwise restricting use of the land does (2) A landowner or an agent of the land- I I
<br /> not raise a presumption that the landowner owner may close the privately owned land of
<br /> the landowner b
<br /> intended to dedicate or otherwise give over anowner y posting notice as follows: „I
<br /> to the public the right to continued use of (a) For land through which the public I
<br /> the land. has no right of way, the landowner or agent l
<br /> (3) Nothing in this section shall be con- must place a notice at each outer gate and
<br /> strued to diminish or divert any public right normal point of access to the land, including f ,
<br /> to use land for recreational purposes ac- both sides of a body of water that crosses the i �
<br /> quired by dedication, prescription, grant, land wherever the body of water intersects !
<br /> custom or otherwise existing before October an outer boundary line. The notice must be I ,I,
<br /> 5, 1973. placed on a post, structure or natural object II j ,
<br /> (4) Nothing in this section shall be con- in the form of a sign or a blaze of paint. If
<br /> a blaze of paint is used, it must consist of at 1
<br /> strued to diminish or divert any public right least 50 square inches of fluorescent orange
<br /> to use land for woodcutting acquired by ded- q g
<br /> ication, prescription, grant, custom or other- paint, except that when metal fence posts are ;
<br /> wise existing before October 3, 1979. [1995 used, approximately the top six inches of the ; YI
<br /> c.456 §5] fence post must be painted. If a sign is used, I i
<br /> 105.693 [1979 c.434 §5; repealed by 1995 c.456 §9] the sign
<br /> 105.695 [1979 c.434 §6; repealed by 1995 c.456 §9] (A) Must be no smaller than eight inches i,
<br /> in height and 11 inches in width;
<br /> 105.696 No duty of care or liability
<br /> created; exercise of care still required of (B) Must contain the words "Closed to !
<br /> person using land. ORS 105.672 to 105.696 Entry" or words to that effect in letters no
<br /> do not: less than one inch in height; and II
<br /> (1) Create a duty of care or basis for li- (C) Must display the name, business ad-
<br /> ability for personal injury, death or property dress and phone number, if any, of the land -
<br /> damage resulting from the use of land for owner or agent of the landowner. ■
<br /> recreational purposes, for woodcutting or for (b) For land through which or along I I
<br /> the harvest of special forest products.
<br /> which the public has an unfenced right of II
<br /> (2) Relieve a person using the land of way by means of a public road, the land- l
<br /> another for recreational purposes, woodcut- owner or agent must place:
<br /> ting or the harvest of special forest products `
<br /> from any obligation that the person has to (A) A conspicuous sign no closer than 30
<br /> feet from the center line of the roadway
<br /> exercise care in use of the land in the activ-
<br /> where it enters the land, containing words
<br /> ities of the person or from the legal cone- an g :
<br /> quences of failure of the person to exercise substantially similar to "PRIVATE PROP- {
<br /> that care. [1995 c.456 §6] ERTY, NO TRESPASSING OFF ROAD
<br /> 106.697 [1979 c.434 §7; repealed by 1995 c.456 §9] NEXT MILES "; or {
<br /> (B) A sign or blaze of paint, as described
<br /> 105.699 Rules applicable to state lands. in paragraph (a) of this subsection, no closer
<br /> The State Forester, under the general super- than 30 feet from the center line of the
<br /> vision of the State Board of Forestry, may roadway at regular intervals of not less than I I III
<br /> adopt any rules considered necessary for the one- fourth mile along the roadway where it
<br /> administration of the . provisions of ORS borders the land, except that a blaze of paint ! 1I,
<br /> 105.672 to 105.696 on state land. [1979 c.434 §s;
<br /> 1995 may not be placed on posts where the public il
<br /> 1995 c.45 c.456 §7]
<br /> road enters the land. i ;i
<br /> 105.700 Prohibiting public access to { !,
<br /> private land; notice requirements; dam- (3) Nothing contained in this section II
<br /> ages. (1) In addition to and not in lieu of any prevents emer ring upon the posted land. other damages that may be claimed, a es m en 1,
<br /> plaintiff who is a landowner shall receive (4) An award of liquidated damages under II '' 4
<br /> liquidated damages in an amount not to ex- this section is not subject to ORS 31.725, Ili �'
<br /> ceed $1,000 in any action in which the 31.730 or 31.735. 1,
<br /> plaintiff establishes that: ''
<br /> (5) Nothing in this section affects any
<br /> { (a) The plaintiff closed the land of the other remedy, civil or criminal, that may be {;:
<br /> plaintiff as provided in subsection (2) of this available for a trespass described in this sec- ii it
<br /> section; and tion. [1999 c.933 §1] [: .
<br /> Title 10 Page 379 (2005 Edition) ;" ,, ? !
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