Oregon Statutes 196.875 – Double and treble damages for destruction of public right of navigation, fishery or recreation; costs and attorney fees
(1) If any person, through negligence, violates ORS § 196.810, the Director of the Department of State Lands, in a proceeding brought pursuant to ORS § 196.870, may seek and the court may award double a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from such violation.
Terms Used In Oregon Statutes 196.875
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) If any person intentionally violates ORS § 196.810, the director, in a proceeding brought pursuant to ORS § 196.870, may seek and the court may award treble a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from such violation.
(3) An award made pursuant to this section shall be in addition to and not in lieu of any criminal penalties imposed for a violation of ORS § 196.810.
(4) In any action brought under ORS § 196.870, the court shall award to the prevailing party the costs of suit and reasonable attorney fees at trial and on appeal. Subject to the provisions of ORS § 20.140, any costs and attorney fees so awarded to the director shall be deposited in the Common School Fund to offset the director’s expenses of bringing such action. [Formerly 541.662 and 196.740; 2007 c.849 § 18]