(2) A court may, in its discretion, award to a prevailing party under subsection (1) of this section reimbursement of reasonable costs of litigation including but not limited to investigation costs and attorney fees.
(3) A court may, in its discretion, award to a prevailing plaintiff under subsection (1) of this section reasonable costs of reforestation activities related to the injury sustained by the plaintiff.
(4) A contract logger is liable only for actual damages in an action under this section if:
(a) The contract logger conducts an operation under a signed, written contract with a person the contract logger reasonably believes to be the legal owner of the produce, trees, timber or shrubs in the operation area;
(b) The contract identifies the operation area by a metes and bounds description or other sufficient legal description;
(c) Before the contract logger begins harvesting in the operation area, the person who engages the contract logger under the contract:
(A) Locates, marks and protects from damage all survey monuments in the operation area;
(B) Flags, stakes or otherwise clearly marks the boundaries of the operation area; and
(C) Provides the contract logger with a copy of the deed, contract or other instrument that the person who engages the contract logger under the contract relies upon as proof of ownership of the produce, trees, timber or shrubs in the operation area;
(d) The contract logger verifies the deed, contract or instrument described in paragraph (c)(C) of this subsection against the metes and bounds description or other sufficient legal description in the contract;
(e) The contract logger retains a copy of the deed, contract or instrument described in paragraph (c)(C) of this subsection for at least three years; and
(f) The contract logger does not receive written notice that any person has a claim of title to the land or timber in the operation area that is adverse to the person who engages the contract logger under the contract.
(5) Subsection (4) of this section does not affect an action for double or treble damages against a contract logger for damages outside the operation area as described in subsection (4) of this section.
(6) If an action is brought under this section against a contract logger, and the contract logger was engaged to harvest the timber by a person who purported to own the timber or to have authority to harvest the timber, the person who engaged the contract logger must be joined in the action as a defendant unless jurisdiction over the person cannot be had. If a judgment is entered against the contract logger and against the person who engaged the contract logger, the contract logger shall not be required to pay any part of the judgment unless the plaintiff establishes that the judgment cannot be enforced against the person who engaged the contract logger. The plaintiff may enforce the judgment against the contract logger only if:
(a) The plaintiff makes a good faith effort for at least six months after the judgment becomes final and subject to execution to enforce the judgment against the person who engaged the contract logger; and
(b) The court determines, upon motion of the plaintiff, that all or part of the judgment cannot be collected from the person who engaged the contract logger.
(7) Subsections (2) and (3) of this section apply in an action against a contract logger under subsection (4) of this section.
(8) For purposes of this section:
(a) "Contract logger" means a person engaged in a commercial timber harvesting operation.
(b) "Operation" has the meaning given in ORS 527.620 (12). [Amended by 1995 c.721 §1; 1999 c.544 §1; 2013 c.307 §4]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Section 105.005 - Right of action; recovery; damages.
Section 105.010 - Contents of complaint.
Section 105.040 - Order to make survey.
Section 105.055 - Conclusiveness of judgment.
Section 105.111 - Stay of eviction for state service member.
Section 105.112 - Action by tenant to recover personal property; forms.
Section 105.113 - Form of summons.
Section 105.115 - Causes of unlawful holding by force; action for return of possession.
Section 105.124 - Form of complaint if ORS chapter 90 applies.
Section 105.126 - Form of complaint if ORS chapter 90 does not apply.
Section 105.130 - How action conducted; fees.
Section 105.135 - Service and return of summons; posting; contents; use of facsimile.
Section 105.138 - Compelling arbitration; procedure.
Section 105.140 - Continuance.
Section 105.145 - Judgment on trial by court; duties of parties to stipulated agreement.
Section 105.146 - Failure of defendant to perform as ordered; judgment of restitution.
Section 105.149 - Hearing on compliance with order.
Section 105.151 - Enforcement of judgment of restitution; notice of restitution.
Section 105.152 - Form of notice of restitution for judgment entered under ORS 105.146.
Section 105.153 - Form of notice of restitution for judgment not entered under ORS 105.146.
Section 105.156 - Form of writ of execution for judgment of restitution.
Section 105.157 - Form of eviction trespass notice.
Section 105.158 - Service of notice of restitution.
Section 105.159 - Computation of time before plaintiff may request writ of execution.
Section 105.161 - Service and enforcement of writ of execution and eviction trespass notice.
Section 105.163 - Setting aside judgment.
Section 105.170 - Definitions for ORS 105.170 to 105.185.
Section 105.175 - Easement to be kept in repair; sharing costs; agreements.
Section 105.180 - Action for failure to comply with duty of holder; recovery of costs; arbitration.
Section 105.185 - Application of ORS 105.170 to 105.185.
Section 105.200 - Request for itemized statement.
Section 105.210 - When and how partition prevented.
Section 105.260 - Power of court over report; final judgment.
Section 105.285 - Distribution of proceeds of sale.
Section 105.330 - Rules for determining value of certain estates.
Section 105.405 - Costs and expenses of partition.
Section 105.420 - Findings; policy.
Section 105.425 - Definitions for ORS 105.420 to 105.455.
Section 105.440 - Report of abatement expenditures; court approval; lien.
Section 105.445 - Effect on purchase money security interest of lien for unpaid abatement expenses.
Section 105.450 - Termination of receivership.
Section 105.462 - Definitions for ORS 105.462 to 105.490.
Section 105.464 - Form of seller’s property disclosure statement.
Section 105.465 - Application of ORS 105.462 to 105.490, 696.301 and 696.870; disclosure statement.
Section 105.470 - Exclusions from ORS 105.462 to 105.490, 696.301 and 696.870.
Section 105.475 - Buyer’s statement of revocation of offer; criteria.
Section 105.480 - Representations in disclosure statement; application.
Section 105.550 - Definitions for ORS 105.550 to 105.600.
Section 105.555 - Places declared nuisances subject to abatement.
Section 105.560 - Action to restrain or enjoin nuisance; jurisdiction; remedies.
Section 105.565 - Complaint; service; jury trial; admissibility of reputation as evidence.
Section 105.580 - Order of abatement; cancellation.
Section 105.597 - Places declared nuisances per se.
Section 105.620 - Acquiring title by adverse possession.
Section 105.624 - Definitions for ORS 105.623 to 105.649.
Section 105.628 - Effect on other law.
Section 105.629 - Power to disclaim; general requirements; when irrevocable.
Section 105.633 - Disclaimer of interest in property.
Section 105.634 - Disclaimer of rights of survivorship in jointly held property.
Section 105.638 - Disclaimer of power of appointment or other power not held in fiduciary capacity.
Section 105.641 - Disclaimer of power held in fiduciary capacity.
Section 105.642 - Delivery or filing.
Section 105.643 - When disclaimer barred or limited.
Section 105.672 - Definitions for ORS 105.672 to 105.696.
Section 105.688 - Applicability of immunities from liability for owner of land; restrictions.
Section 105.700 - Prohibiting public access to private land; notice requirements; damages.
Section 105.705 - Right to bring action; filing of judgment.
Section 105.718 - Procedure for determining location of public land survey corner.
Section 105.770 - Failure of contingency; application of extinguishment.
Section 105.772 - Preservation of future interests; filing of notice of intent required; limitation.
Section 105.774 - Exclusions from application of ORS 105.770 and 105.772.
Section 105.780 - Notice of substantial damage from flooding to residential structures.
Section 105.815 - When double damages are awarded for trespass; exception.
Section 105.834 - Owner’s immunity from liability for theft of metal property.
Section 105.836 - Definitions for ORS 105.836 to 105.842 and 476.725.
Section 105.838 - Carbon monoxide alarm in dwelling.
Section 105.842 - Tampering with carbon monoxide alarm.
Section 105.848 - Radon information for potential buyers of one and two family dwellings.
Section 105.865 - Apportioning compensation among property owners; termination of city liability.
Section 105.880 - Conveyance prohibiting use of solar energy systems void.
Section 105.885 - Definitions for ORS 105.885 to 105.895.
Section 105.890 - Solar energy easement appurtenant; termination.
Section 105.895 - Requirements for easement creation by instrument; recordation.
Section 105.905 - Wind energy easement appurtenant; termination.
Section 105.910 - Requirements for easement creation by instrument; recordation.
Section 105.925 - Definitions for ORS 105.925 to 105.945.
Section 105.938 - Court order for retrieval or use of data by insurer.
Section 105.950 - Statutory rule against perpetuities.
Section 105.955 - When nonvested property interest or power of appointment created.
Section 105.960 - Reformation.
Section 105.965 - Exclusions from statutory rule against perpetuities.
Section 105.970 - Prospective application.
Section 105.975 - Short title; application and construction; supersession and repeal of common law.