2013 Oregon Revised Statutes
Volume : 17 - Utilities, Vehicle Code, Watercraft, Aviation, Constitutions
Chapter 837 - Aircraft Operation
Section 837.380 - Owners of real property; Attorney General.
(1) Except as provided in subsection (2) of this section, a person who owns or lawfully occupies real property in this state may bring an action against any person or public body that operates a drone that is flown at a height of less than 400 feet over the property if:
(a) The operator of the drone has flown the drone over the property at a height of less than 400 feet on at least one previous occasion; and
(b) The person notified the owner or operator of the drone that the person did not want the drone flown over the property at a height of less than 400 feet.
(2) A person may not bring an action under this section if:
(a) The drone is lawfully in the flight path for landing at an airport, airfield or runway; and
(b) The drone is in the process of taking off or landing.
(3) A prevailing plaintiff may recover treble damages for any injury to the person or the property by reason of a trespass by a drone as described in this section, and may be awarded injunctive relief in the action.
(4) A prevailing plaintiff may recover attorney fees under ORS 20.080 if the amount pleaded in an action under this section is $10,000 or less.
(5) The Attorney General, on behalf of the State of Oregon, may bring an action or claim for relief alleging nuisance or trespass arising from the operation of a drone in the airspace over this state. A court shall award reasonable attorney fees to the Attorney General if the Attorney General prevails in an action under this section. [2013 c.686 §15]
Note: See note under 837.300.
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