Usa Oregon

USA Statutes : oregon
Chapter : Chapter 99 Property Removed by High Water
When the fence rails or other property of any person in
this state is removed by high water and 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 property is lodged within four
months after the removal. If the proprietor of the land refuses to
deliver up the property, the parties shall each select an arbitrator who
shall examine or hear evidence upon all the circumstances and facts and
determine the case. If the arbitrators cannot agree, they shall select an
umpire, and the decision of a majority of them shall be final between the
parties. Before the arbitrators proceed as
provided in ORS 99.010, they shall be sworn to discharge their duties
faithfully, impartially and according to law by a person having power to
administer oaths. When five or more
persons claim property as provided in ORS 99.010, they shall give notice
to all interested of the time and place of such arbitration. Upon hearing
all the facts and circumstances in the case, the arbitrators shall award
to each claimant such a portion of the property as the arbitrators deem
reasonable and just. It is not considered a
trespass for any person to go upon the land of another for the purpose
mentioned in ORS 99.010 to 99.030 if such person shall, if practicable,
go upon such route as will do the least possible injury to the land. Any
person may enter upon private property where any part of a fallen tree
belonging to or under the control of such person has been cast by
freshets or high waters, for the purpose of recovering and reclaiming the
same. Before entering the land the person shall post a bond or an
irrevocable letter of credit issued by an insured institution as defined
in ORS 706.008 with the Public Utility Commission, to be approved by the
commissioner, in such sum as the commissioner may provide. The bond or
irrevocable letter of credit shall run to the Public Utility Commission
to insure to any landowner the payment of any damage resulting from
removal or reclaiming of such property. The owner of the land shall be
compensated for any damages resulting from the removal. [Amended by 1991
c.331 §25; 1997 c.631 §399] If any
person fails to remove and reclaim logs, timber or any part of a fallen
tree within one year after it is cast upon private property as provided
in ORS 99.050, it is deemed abandoned and the title thereto vests in the
person entitled to the possession of the land upon which the same is


USA Statutes : oregon