2007 Oregon Code - Chapter 99 :: Chapter 99 - Property Removed by High Water
Chapter 99 — Property
Removed by High Water
2007 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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