Oregon Statutes 30.949 – Action for hindering, impairment or obstruction of forest practice on state forestland
(1) As used in this section:
Terms Used In Oregon Statutes 30.949
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Venue: The geographical location in which a case is tried.
(a) ‘Access road’ means a road owned or maintained by the State Forestry Department.
(b) ‘Forest practice’ has the meaning given that term in ORS § 527.620.
(c) ‘State forestland’ means:
(A) Forestland acquired under ORS § 530.010 to 530.040; and
(B) Common School Forest Lands and Elliott State Forest Lands managed under ORS § 530.490.
(2) A private entity that contracts with the State Forestry Department to perform a forest practice has a right of action for the amount of actual damages against any person that, while on state forestland or an access road on state forestland, intentionally commits an act that hinders, impairs or obstructs or is an attempt to hinder, impair or obstruct, the performance of the forest practice by the private entity. A court shall award a plaintiff prevailing under this section reasonable attorney fees and costs.
(3) If the contract between the private entity and the department provides for the private entity to perform forest practices in a defined area of state forestland that lies in more than one county, venue for a cause of action under this section is proper in any county containing part of the area of state forestland defined by the contract terms in effect on the date the cause of action arose.
(4) An action under this section must be commenced within two years after the date of the act giving rise to the cause of action. [2013 c.461 § 1]
The amendments to 30.949 by section 30, chapter 89, Oregon Laws 2022, become operative on January 1, 2024, only if certain conditions are met on or before December 31, 2023. See section 31, chapter 89, Oregon Laws 2022, as amended by section 1, chapter 225, Oregon Laws 2023 (second note following 530.520). 30.949, as amended by section 30, chapter 89, Oregon Laws 2022, is set forth for the user’s convenience.
(1) As used in this section:
(a) ‘Access road’ means a road owned or maintained by the State Forestry Department.
(b) ‘Forest practice’ has the meaning given that term in ORS § 527.620.
(c) ‘State forestland’ means:
(A) Forestland acquired under ORS § 530.010 to 530.040; and
(B) Common School Forest Lands managed under ORS § 530.490.
(2) A private entity that contracts with the State Forestry Department to perform a forest practice has a right of action for the amount of actual damages against any person that, while on state forestland or an access road on state forestland, intentionally commits an act that hinders, impairs or obstructs or is an attempt to hinder, impair or obstruct, the performance of the forest practice by the private entity. A court shall award a plaintiff prevailing under this section reasonable attorney fees and costs.
(3) If the contract between the private entity and the department provides for the private entity to perform forest practices in a defined area of state forestland that lies in more than one county, venue for a cause of action under this section is proper in any county containing part of the area of state forestland defined by the contract terms in effect on the date the cause of action arose.
(4) An action under this section must be commenced within two years after the date of the act giving rise to the cause of action.
[1979 c.801 § 1; 1987 c.774 § 13; 1997 c.249 § 19; 1997 c.841 § 1; 2001 c.534 § 1; renumbered 471.565 in 2001]
[1979 c.801 § 2; repealed by 1987 c.774 § 14]
[1979 c.801 § 3; 1991 c.860 § 5; 1995 c.618 § 31; 2001 c.791 § 5; renumbered 471.567 in 2001]
ACTIONS ARISING OUT OF
FOOD-RELATED CONDITION