Chapter 30 — Actions and Suits in Particular Cases
ORS 30.937 Immunity from private action based on farming or forest practice allowed as preexisting nonconforming use; exceptions
No farming or forest practice allowed as a preexisting nonconforming use shall give rise to any private right of action or claim for relief based on nuisance or trespass.
Subsection (1) of this section shall not apply to a right of action or claim for relief for:
Damage to commercial agricultural products; or
Death or serious physical injury as defined in ORS 161.015.
Subsection (1) of this section applies only where a farming or forest practice existed before the conflicting nonfarm or nonforest use of real property that gave rise to the right of action or claim for relief.
Subsection (1) of this section applies only where a farming or forest practice has not significantly increased in size or intensity from November 4, 1993, or the date on which the applicable urban growth boundary is changed to include the subject farming or forest practice within its limits, whichever is later.
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Provenance
2025 Oregon Revised Statutes — official online source
Official online edition
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Version history
Earlier statutory text is available in an ingested published ORS edition.
2025 Oregon Revised Statutes — official online source · active · operative text
Official source2023 Oregon Revised Statutes · active · operative text
Official source