(1) As used in this section, ‘owner’ means a person, including a tenant, lessee, occupant or other person, that possesses an interest in land, including but not limited to a possession of a fee title.

Terms Used In Oregon Statutes 105.834

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) An owner of land is not liable for personal injury, death or property damage that arises out of:

(a) Theft or attempted theft of metal property as defined in ORS § 165.116 from the owner’s land; or

(b) A hazardous condition that results from theft or attempted theft of metal property as defined in ORS § 165.116 from the owner’s land when the owner did not know or could not reasonably have known of the hazardous condition.

(3) The immunities provided under this section apply to:

(a) Public and private land;

(b) Roads, bodies of water, watercourses, rights of way, buildings and fixtures or structures on the owner’s land; and

(c) Machinery or equipment on the owner’s land.

(4) This section does not create or impose a duty of care upon an owner or possessor of land that would not otherwise exist under common law. [2009 c.811 § 10]

 

[1981 c.841 § 2; repealed by 1989 c.693 § 21]

 

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