State Codes and Statutes

Statutes > Oregon > Vol3 > 099

Chapter 99 — PropertyRemoved by High Water

 

2009 EDITION

 

 

PROPERTYREMOVED BY HIGH WATER

 

PROPERTYRIGHTS AND TRANSACTIONS

 

99.010       Procedurefor reclaiming property placed on another’s land by high water

 

99.020       Oathof arbitrators

 

99.030       Procedurewhen five or more claimants

 

99.040       Entryto reclaim not a trespass

 

99.050       Recoveryof any part of tree from private property

 

99.060       Effectof failure to remove logs from another’s land

 

      99.010Procedure for reclaiming property placed on another’s land by high water. When the fencerails or other property of any person in this state is removed by high waterand lodged upon the land of another, the owner of the property removed may,except as provided in ORS 99.050, proceed upon the premises where such propertyis lodged within four months after the removal. If the proprietor of the landrefuses to deliver up the property, the parties shall each select an arbitratorwho shall examine or hear evidence upon all the circumstances and facts anddetermine the case. If the arbitrators cannot agree, they shall select anumpire, and the decision of a majority of them shall be final between theparties.

 

      99.020Oath of arbitrators.Before the arbitrators proceed as provided in ORS 99.010, they shall be swornto discharge their duties faithfully, impartially and according to law by aperson having power to administer oaths.

 

      99.030Procedure when five or more claimants. When five or more persons claimproperty as provided in ORS 99.010, they shall give notice to all interested ofthe time and place of such arbitration. Upon hearing all the facts andcircumstances in the case, the arbitrators shall award to each claimant such aportion of the property as the arbitrators deem reasonable and just.

 

      99.040Entry to reclaim not a trespass. It is not considered a trespass for anyperson to go upon the land of another for the purpose mentioned in ORS 99.010to 99.030 if such person shall, if practicable, go upon such route as will dothe least possible injury to the land.

 

      99.050Recovery of any part of tree from private property. Any person mayenter upon private property where any part of a fallen tree belonging to orunder the control of such person has been cast by freshets or high waters, forthe purpose of recovering and reclaiming the same. Before entering the land theperson shall post a bond or an irrevocable letter of credit issued by aninsured institution as defined in ORS 706.008 with the Public UtilityCommission, to be approved by the commissioner, in such sum as the commissionermay provide. The bond or irrevocable letter of credit shall run to the PublicUtility Commission to insure to any landowner the payment of any damageresulting from removal or reclaiming of such property. The owner of the landshall be compensated for any damages resulting from the removal. [Amended by1991 c.331 §25; 1997 c.631 §399]

 

      99.060Effect of failure to remove logs from another’s land. If any personfails to remove and reclaim logs, timber or any part of a fallen tree withinone year after it is cast upon private property as provided in ORS 99.050, itis deemed abandoned and the title thereto vests in the person entitled to thepossession of the land upon which the same is found.

 

      99.070 [Repealed by1995 c.733 §74]

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State Codes and Statutes

Statutes > Oregon > Vol3 > 099

Chapter 99 — PropertyRemoved by High Water

 

2009 EDITION

 

 

PROPERTYREMOVED BY HIGH WATER

 

PROPERTYRIGHTS AND TRANSACTIONS

 

99.010       Procedurefor reclaiming property placed on another’s land by high water

 

99.020       Oathof arbitrators

 

99.030       Procedurewhen five or more claimants

 

99.040       Entryto reclaim not a trespass

 

99.050       Recoveryof any part of tree from private property

 

99.060       Effectof failure to remove logs from another’s land

 

      99.010Procedure for reclaiming property placed on another’s land by high water. When the fencerails or other property of any person in this state is removed by high waterand lodged upon the land of another, the owner of the property removed may,except as provided in ORS 99.050, proceed upon the premises where such propertyis lodged within four months after the removal. If the proprietor of the landrefuses to deliver up the property, the parties shall each select an arbitratorwho shall examine or hear evidence upon all the circumstances and facts anddetermine the case. If the arbitrators cannot agree, they shall select anumpire, and the decision of a majority of them shall be final between theparties.

 

      99.020Oath of arbitrators.Before the arbitrators proceed as provided in ORS 99.010, they shall be swornto discharge their duties faithfully, impartially and according to law by aperson having power to administer oaths.

 

      99.030Procedure when five or more claimants. When five or more persons claimproperty as provided in ORS 99.010, they shall give notice to all interested ofthe time and place of such arbitration. Upon hearing all the facts andcircumstances in the case, the arbitrators shall award to each claimant such aportion of the property as the arbitrators deem reasonable and just.

 

      99.040Entry to reclaim not a trespass. It is not considered a trespass for anyperson to go upon the land of another for the purpose mentioned in ORS 99.010to 99.030 if such person shall, if practicable, go upon such route as will dothe least possible injury to the land.

 

      99.050Recovery of any part of tree from private property. Any person mayenter upon private property where any part of a fallen tree belonging to orunder the control of such person has been cast by freshets or high waters, forthe purpose of recovering and reclaiming the same. Before entering the land theperson shall post a bond or an irrevocable letter of credit issued by aninsured institution as defined in ORS 706.008 with the Public UtilityCommission, to be approved by the commissioner, in such sum as the commissionermay provide. The bond or irrevocable letter of credit shall run to the PublicUtility Commission to insure to any landowner the payment of any damageresulting from removal or reclaiming of such property. The owner of the landshall be compensated for any damages resulting from the removal. [Amended by1991 c.331 §25; 1997 c.631 §399]

 

      99.060Effect of failure to remove logs from another’s land. If any personfails to remove and reclaim logs, timber or any part of a fallen tree withinone year after it is cast upon private property as provided in ORS 99.050, itis deemed abandoned and the title thereto vests in the person entitled to thepossession of the land upon which the same is found.

 

      99.070 [Repealed by1995 c.733 §74]

_______________

 


State Codes and Statutes

State Codes and Statutes

Statutes > Oregon > Vol3 > 099

Chapter 99 — PropertyRemoved by High Water

 

2009 EDITION

 

 

PROPERTYREMOVED BY HIGH WATER

 

PROPERTYRIGHTS AND TRANSACTIONS

 

99.010       Procedurefor reclaiming property placed on another’s land by high water

 

99.020       Oathof arbitrators

 

99.030       Procedurewhen five or more claimants

 

99.040       Entryto reclaim not a trespass

 

99.050       Recoveryof any part of tree from private property

 

99.060       Effectof failure to remove logs from another’s land

 

      99.010Procedure for reclaiming property placed on another’s land by high water. When the fencerails or other property of any person in this state is removed by high waterand lodged upon the land of another, the owner of the property removed may,except as provided in ORS 99.050, proceed upon the premises where such propertyis lodged within four months after the removal. If the proprietor of the landrefuses to deliver up the property, the parties shall each select an arbitratorwho shall examine or hear evidence upon all the circumstances and facts anddetermine the case. If the arbitrators cannot agree, they shall select anumpire, and the decision of a majority of them shall be final between theparties.

 

      99.020Oath of arbitrators.Before the arbitrators proceed as provided in ORS 99.010, they shall be swornto discharge their duties faithfully, impartially and according to law by aperson having power to administer oaths.

 

      99.030Procedure when five or more claimants. When five or more persons claimproperty as provided in ORS 99.010, they shall give notice to all interested ofthe time and place of such arbitration. Upon hearing all the facts andcircumstances in the case, the arbitrators shall award to each claimant such aportion of the property as the arbitrators deem reasonable and just.

 

      99.040Entry to reclaim not a trespass. It is not considered a trespass for anyperson to go upon the land of another for the purpose mentioned in ORS 99.010to 99.030 if such person shall, if practicable, go upon such route as will dothe least possible injury to the land.

 

      99.050Recovery of any part of tree from private property. Any person mayenter upon private property where any part of a fallen tree belonging to orunder the control of such person has been cast by freshets or high waters, forthe purpose of recovering and reclaiming the same. Before entering the land theperson shall post a bond or an irrevocable letter of credit issued by aninsured institution as defined in ORS 706.008 with the Public UtilityCommission, to be approved by the commissioner, in such sum as the commissionermay provide. The bond or irrevocable letter of credit shall run to the PublicUtility Commission to insure to any landowner the payment of any damageresulting from removal or reclaiming of such property. The owner of the landshall be compensated for any damages resulting from the removal. [Amended by1991 c.331 §25; 1997 c.631 §399]

 

      99.060Effect of failure to remove logs from another’s land. If any personfails to remove and reclaim logs, timber or any part of a fallen tree withinone year after it is cast upon private property as provided in ORS 99.050, itis deemed abandoned and the title thereto vests in the person entitled to thepossession of the land upon which the same is found.

 

      99.070 [Repealed by1995 c.733 §74]

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