Oregon Statutes 105.815 – When double damages are awarded for trespass; exception
(1) Except as provided in subsection (3) of this section, if, upon the trial of an action included in ORS § 105.810, it appears that the trespass was casual or involuntary, or that the defendant had probable cause to believe that the land on which the trespass was committed was the land of the defendant or the land of the person in whose service or by whose direction the act was done, or that the tree or timber was taken from unenclosed woodland for the purpose of repairing any public highway or bridge upon the land or adjoining it, judgment shall be given for double damages.
Terms Used In Oregon Statutes 105.815
- 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.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) A judgment for the costs of litigation and reforestation as provided in ORS § 105.810 shall be in addition to and not in lieu of a judgment for damages under this section.
(3) This section does not apply to a contract logger if the contract logger is subject only to actual damages under ORS § 105.810 (4). [Amended by 1995 c.721 § 2; 1999 c.544 § 2]