(1) As used in this section, “open
range” means an area wherein livestock may lawfully be permitted to run
at large.
(2) A person who permits a horse, mule, ass, sheep, goat or animal
of the bovine species to trespass on land enclosed by an adequate fence
and situated on open range shall be liable to the owner or lawful
possessor of the enclosed land for damage done by the animal. The person
seeking to recover the damages shall plead and prove that the fence of
the person consisted of structures, masonry, hedges, ditches, rails,
poles, planks, rivers, streams, ponds, lakes, wire fences, natural or
artificial barriers of any kind or any combination thereof. The adequacy
of the fence shall be determined by reference to the customs and
practices of good husbandmen in the particular area with reference to
fences. The question of the existence of the fence and the adequacy
thereof are questions of fact.
(3) Nothing contained in subsection (2) of this section is intended
to modify the provisions of ORS 608.310 to 608.400. [1957 c.476 §§1,2](1) Every person, or the lessee or agent of the
person, owning or operating any railroad, shall erect and maintain good
and sufficient lawful fences on both sides of the railroad line, except
at the crossings of and upon public roads and highways, within such
portions of cities as are or may be laid out and platted in lots and
blocks and at railroad station grounds. Such person shall also at the
same time erect and maintain necessary farm crossings and gates and
sufficient cattle guards at all public crossings.
(2) Railroad lines shall be so fenced and farm crossings, gates and
cattle guards installed, within three months from the time such lines are
put in operation. However, the Department of Transportation may prescribe
by rule the number, location and character of farm crossings which may be
necessary and the manner in which they shall be constructed so that they
are reasonably adequate, safe, sufficient and convenient, but not so as
to impair the terms of any contract between the landowner and the
railroad or judgment in condemnation relative to such crossings.
(3) The Department of Transportation may, by rule, determine and
prescribe any other description of fence than that designated as a lawful
fence, which shall be constructed and maintained by any such railroad
company between the points which are designated in such rule, and may
provide for the apportionment of the costs of reconstruction necessitated
thereby as between the parties interested.
(4) The Department of Transportation by rule may suspend the
operation of this section as to any particular portion of any line of
railroad. [Amended by 1971 c.655 §248; 1995 c.733 §46; 1997 c.249 §186;
2003 c.576 §524](1) Any person shall forfeit and pay into the
State Treasury the sum of $100 for each mile of fence on either side of a
railroad, or for each farm crossing, gate or cattle guard which the
person fails, neglects or refuses to erect and maintain in violation of
ORS 608.310. This shall be recovered as other penalties are recovered and
paid into the State Treasury.
(2) If a person neglects or refuses to comply with ORS 608.310 to
608.330, the Attorney General or prosecuting attorney of the proper
county may, by mandamus, compel compliance with such sections.
(3) The provisions of ORS 608.310 to 608.330 are cumulative to
existing remedies. [Amended by 1995 c.733 §47] (1) No person shall intentionally or
negligently leave open or unfastened any farm crossing gate, or let down
and leave down any bars of any railroad fence.
(2) Justices of the peace have original jurisdiction for violations
of this section. Any
person, or the lessee or agent of the person, owning or operating any
railroad, is liable for the value of any horses, mules, colts, cows,
bulls, calves, hogs or sheep killed, and for reasonable damages for any
injury to any such livestock upon or near any unfenced track of any
railroad in this state, whenever the killing or injury is caused by any
moving train, engine or cars upon such track. No
railroad track shall be deemed to be fenced within the meaning of ORS
608.340 unless it is guarded by such fence against the entrance thereon
of any livestock on either side of the track, and not more than 100 feet
from the track. Whatever is a lawful fence in the county where the
killing or injury occurs, and no other, shall be deemed a lawful fence
under ORS 608.340. However, complete natural defenses against the
entrance of stock upon the track, such as natural walls or deep ditches,
shall be deemed to be a fence under such section, when it, in connection
with other and ordinary lawful fences, forms a continuous guard and
defense against the entrance of such livestock upon the track.In every action for the
recovery of the value of any livestock killed, or for damages for injury
to any livestock, under ORS 608.340, proof of such killing or injury
shall of itself be deemed conclusive evidence in any court of this state
of negligence upon the part of the person, or the lessees or agents of
the person, owning or operating such railroad. Contributory negligence on
the part of the plaintiff in such action may be set up as a defense, but
allowing stock to run at large upon common unfenced range or upon
enclosed land owned or in possession of the owner of such stock shall not
be deemed contributory negligence. In any such action, proof of willful
intent on the part of the plaintiff to procure the killing or injury of
such stock shall defeat the recovery of any damages for such killing or
injury. In any action authorized by
ORS 608.340, service of summons or any other necessary process may be
made upon any person, or the lessees or agents of the person, owning or
operating any railroad, by personal service upon any authorized agent
thereof, residing or stationed in the county where such action is brought. Whenever any livestock
mentioned in ORS 608.340 is killed or injured by a moving train or engine
upon the unfenced railroad track of any railroad in this state, the
owner, operator, lessee or agent of the railroad shall immediately notify
or cause notice to be given to the sheriff of the county where the
accident occurred, and within a reasonable time shall deliver to the
sheriff a written description of the livestock so killed or injured,
including brands, earmarks and any marks of ownership, and a statement of
the condition of or extent and nature of injuries to the livestock. Upon receipt of the information
mentioned in ORS 608.380, the sheriff shall immediately notify the
nearest brand inspector and deliver the written statement to the
inspector. When
notified of the killing or injury of livestock under the circumstances
described in ORS 608.380, the brand inspector or sheriff shall go to the
scene of the accident, examine any identifying marks and, if the
ownership of the livestock is determined, notify the owner. If the owner
remains unknown, the sheriff shall cause publication in a county
newspaper of a description of the livestock and the facts of the accident. The owner or occupant of premises is
not required to fence against hogs. No owner or person entitled to the
possession of a hog shall permit it to run at large or upon the property
of another person.(1) Violation of ORS 608.330 is punishable, upon
conviction, by a fine not exceeding $50 or by imprisonment in the county
jail not exceeding 10 days, or both.
(2) Violation of ORS 608.380 is a Class A violation.
(3) Violation of ORS 608.510 is a Class D violation. [Amended by
1957 c.476 §3; 1999 c.1051 §207]
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