2005 Oregon Code - Chapter 99 :: Chapter 99 - Property Removed by High Water
Chapter 99 — Property Removed by High Water
2005 EDITION
PROPERTY REMOVED BY HIGH WATER
PROPERTY RIGHTS AND TRANSACTIONS
99.010Â Â Â Â Â Â Procedure for reclaiming property placed on anotherÂ’s land by high water
99.020Â Â Â Â Â Â Oath of arbitrators
99.030Â Â Â Â Â Â Procedure when five or more claimants
99.040Â Â Â Â Â Â Entry to reclaim not a trespass
99.050Â Â Â Â Â Â Recovery of any part of tree from private property
99.060Â Â Â Â Â Â Effect of failure to remove logs from anotherÂ’s land
     99.010
Procedure for reclaiming property placed on anotherÂ’s land 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.
     99.020
Oath of arbitrators. 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.
     99.030
Procedure when five or more claimants. 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.
     99.040
Entry to reclaim not a trespass. 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.
     99.050
Recovery of any part of tree from private property. 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]
     99.060
Effect of failure to remove logs from anotherÂ’s land. 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 found.
     99.070
[Repealed by 1995 c.733 §74]
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