§ 30.772 — Liability of landowner arising out of aviation activity; exceptions

Oregon § 30.772

• Jurisdiction: Oregon
• Vol.: 1
• Title 3: Remedies and Special Actions and Proceedings
• Ch. 30: Actions and Suits in Particular Cases

Text

(1) As used in this section:
(a) “Airstrip” means land that contains a runway or heliport operated and maintained for the takeoff and landing of motorized aircraft and that is registered with the Oregon Department of Aviation or the Federal Aviation Administration at the time of the flight at issue.
(b) “Aviation activity” includes but is not limited to hang gliding, parachuting, paragliding and operating airplanes or ultralight aircraft.
(c) “Charge” has the meaning given that term in ORS 105.672.
(d) “Land” has the meaning given that term in ORS 105.672.
(e) “Nonpublic airstrip” means an airstrip that is registered as a private use airport with the Oregon Department of Aviation or the Federal Aviation Administration at the time of the flight at issue.
(f) “Owner” has the meaning given that term in ORS 105.672.
(g) “Public airstrip” means an airstrip that is not a nonpublic airstrip.
(2) An owner of land is not liable for any personal injury, death or property damage arising from the use of land for purposes of aviation activity, unless the owner intentionally causes the injury, death or property damage.
(3) Subsection (2) of this section does not apply to any of the following:
(a) An owner of a public airstrip.
(b) An owner of a nonpublic airstrip if:
(A) The owner is contacted by the operator of a motorized aircraft prior to the beginning of the aircraft’s flight;
(B) The owner provides permission to the operator to use the owner’s land for activities related to the aircraft’s flight; and
(C) Gross negligence of the owner causes injury, death or property damage related to the aircraft’s flight.
(c) An owner of land who imposes a charge for the use of the land for aviation purposes.

Legislative History

2015 c.308 §1