Chapter 477 — Chapter 477

ORS 477.055 [1953 c.372 §19; repealed by 1965 c.253 §153 and 1965 c.428 §18]

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ORS 477.056 [1965 c.253 §47 (enacted in lieu of 477.070); 1967 c.429 §57; renumbered 477.120]

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ORS 477.057 [1997 c.429 §16; 2007 c.30 §8; repealed by 2021 c.592 §34]

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ORS 477.058 [1965 c.253 §49 (enacted in lieu of 477.148); 1967 c.429 §58; renumbered 477.130]

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ORS 477.059 [1997 c.429 §17; 2007 c.30 §9; repealed by 2021 c.592 §34]

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ORS 477.060 [1997 c.429 §18; 2001 c.361 §1; 2007 c.30 §10; repealed by 2021 c.592 §34]

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ORS 477.061 [1997 c.429 §2; 2007 c.30 §11; repealed by 2021 c.592 §34]

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ORS 477.062 Inadequately protected forestland declared nuisance; notice to protect; work at expense of owner; collection of amount expended. (1) All forestland that by reason of its lack of adequate fire protection endangers life, forest resources or property is declared to be a public nuisance

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ORS 477.064 Uncontrolled fire declared nuisance. Any fire on any forestland in Oregon burning uncontrolled or without proper action being taken to prevent its spread, notwithstanding its origin, is declared a public nuisance by reason of its menace to life, forest resources or property. The spread of fire in forestland across an ownership boundary is prima facie evidence of fire burning uncontrolled. [Formerly 477.034; 1997 c.274 §3]

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ORS 477.066 Duty of owner and operator to abate fire; abatement by authorities. (1) Each owner and operator of forestland on which a fire exists or from which it may have spread, notwithstanding the origin or subsequent spread thereof, shall immediately proceed to control and extinguish such fire when its existence comes to the knowledge of the owner or operator, without awaiting instructions from the forester, and shall continue until the fire is extinguished

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ORS 477.067 Notice of fire. For the purpose of ORS 477.066, notification to the owner or operator of the forestland, is considered sufficient notification to the owner of the existence of a fire. [Formerly 477.042 and then 477.071]

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ORS 477.068 Liability for cost of abatement; interest; lien; foreclosure; attorney fees. (1) In case an owner or operator fails to perform the duty required by ORS 477.066, or is willful, malicious or negligent in the origin or subsequent spread of the fire, the actual cost incurred by the forester or a forest protective association or agency in controlling or extinguishing the fire shall be paid by the owner or operator within 90 days after the date on which the first written demand for payment of the actual cost is mailed by the State Forester to the owner or operator. If the actual cost is not paid within such 90-day period, such amount shall bear interest at 10 percent per year from the date on which the first written demand for the payment of the actual costs was mailed by the State Forester and the actual cost together with such interest may be recovered from such owner or operator by an action prosecuted in the name of the State of Oregon, or such forest protective association or agency, or both

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ORS 477.069 Negligence in origin and in failure to control fire may be united in one complaint. Notwithstanding any other law, in any action authorized by ORS 477.068 to collect the costs incurred, the plaintiff may unite in the same complaint causes of action based upon any or all of the grounds therein mentioned. [1957 c.157 §1; 1961 c.603 §9; 1965 c.253 §54]

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ORS 477.070 [Formerly 477.040; 1955 c.218 §2; 1959 c.363 §7; 1961 c.603 §10; 1963 c.107 §4; repealed by 1965 c.253 §46 (477.056 enacted in lieu of 477.070)]

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ORS 477.071 [Formerly 477.042; 1961 c.603 §11; 1965 c.253 §52; renumbered 477.067]

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ORS 477.072 [Repealed by 1953 c.372 §22]

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ORS 477.073 [Formerly 477.050; 1957 c.83 §8; repealed by 1965 c.253 §153]

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ORS 477.074 [Repealed by 1953 c.372 §22]

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ORS 477.076 [Repealed by 1953 c.372 §22]

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ORS 477.078 [Repealed by 1953 c.372 §22]

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ORS 477.080 [Repealed by 1953 c.372 §22]

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ORS 477.082 [Repealed by 1953 c.372 §22]

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ORS 477.085 Liability for cost of protecting land within a forest protection district. Any person who willfully or negligently sets a fire or causes a fire to be set for which efforts to control or extinguish the fire in order to protect forestland within a forest protection district from fire are exerted by the forester or any forest protective association or agency under contract or agreement with the State Board of Forestry is liable for the actual costs incurred by the forester, association or agency in such efforts. The costs shall be recovered from the person liable therefor in the same manner as costs recovered under ORS 477.068. [1965 c.428 §7; 1967 c.429 §2; 1997 c.274 §3a; 1999 c.355 §4]

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ORS 477.089 Recovery for property damage; liability for firefighting costs. (1) As used in this section

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ORS 477.090 [Formerly 477.310; 1971 c.743 §384; 1987 c.919 §18; repealed by 2013 c.307 §8]

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ORS 477.092 Liability for destruction of property by wildfire. (1) As used in this section, “wildfire” has the meaning given that term in ORS 477.089

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ORS 477.095 Applicability of ORS 477.068, 477.085 and 477.089. (1) An owner of forestland shall not be subject to the provisions of ORS 477.068 and 477.089, where the origin or subsequent spread of a fire was the direct result of training activity by the Oregon National Guard or of any component of the Armed Forces of the United States

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ORS 477.100 Ability of owner to suppress fire; limitation. (1) The State Forester, or any agency or organization with responsibility under this chapter to suppress fires, may not prohibit an owner or the owner’s agent from suppressing a fire occurring on the owner’s property or that poses a threat to the owner’s property

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ORS 477.101 [1959 c.363 §19; 1965 c.253 §135; repealed by 1965 c.428 §§8,18]

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ORS 477.102 [Repealed by 1953 c.372 §22]

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ORS 477.104 [Repealed by 1953 c.372 §22]

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ORS 477.106 [Repealed by 1953 c.372 §22]

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ORS 477.108 [Repealed by 1953 c.372 §22]

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ORS 477.110 [Repealed by 1953 c.372 §22]

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ORS 477.112 [Repealed by 1953 c.372 §22]

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ORS 477.120 Liability of owner or operator. (1) Except as provided in subsections (2) and (3) of this section, the owner or operator of forestland is not subject to the obligations or penalties of ORS 164.335 and 477.740 or 477.064, 477.066 and 477.068 if

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ORS 477.123 Volunteer fighters of wildfires. (1) As used in this section

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ORS 477.125 Liability of forest protective associations, rangeland protection associations and public bodies; limitations. (1) A forest protective association, rangeland protection association as defined in ORS 477.315 or public body as defined in ORS 174.109, or a person acting as an agent of a forest protective association, rangeland protection association or public body, is not liable for any injury to persons or property resulting from carrying out the provisions of this chapter or while acting within the scope of a duty imposed by this chapter

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ORS 477.128 Expenditures for criminal defense related to fire suppression activities. (1) As used in this section, “firefighter” means an employee of the State Forestry Department or of a forest protective association, as defined in ORS 477.001, whose duties include the abatement of uncontrolled fire as described in ORS 477.064

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ORS 477.130 [Formerly 477.058; 1971 c.743 §386; 1973 c.46 §3; 1997 c.274 §3b; repealed by 1999 c.355 §17]

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ORS 477.132 [Repealed by 1953 c.375 §38]

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ORS 477.133 [1953 c.375 §31; 1957 c.309 §10; 1965 c.253 §79; renumbered 477.420]

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ORS 477.134 [Repealed by 1953 c.375 §38]

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ORS 477.135 [1953 c.375 §32; 1957 c.309 §11; 1965 c.253 §80; renumbered 477.425]

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ORS 477.136 [Repealed by 1953 c.375 §38]

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ORS 477.142 [1963 c.454 §2; 1965 c.253 §73; renumbered 477.315]

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ORS 477.144 [1963 c.454 §3; 1965 c.253 §74; renumbered 477.320]

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ORS 477.146 [1963 c.454 §4; 1965 c.253 §75; renumbered 477.325]

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ORS 477.148 [1963 c.454 §5; repealed by 1965 c.253 §48 (477.058 enacted in lieu of 477.148)]

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ORS 477.150 Smoke detection cameras. (1) The State Forestry Department shall establish and maintain an expanded system of automated smoke detection cameras that includes staffing in detection centers to monitor and alert fire suppression staff when fires are detected

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