ORS 550.410 Additional cause of action for certain impairments of district works

As used in this section, “actionable condition” means a condition on public or private property that obstructs, clogs, damages, injures, reduces the efficiency of, impairs the usefulness of or otherwise has a negative impact on the district’s works.

In addition to the remedies provided under ORS 550.390 and 550.400, when an actionable condition exists, the district may bring a civil action in Multnomah County Circuit Court against the person or persons responsible for creating or maintaining the actionable condition.

The civil action may include a request for one or more of the following remedies:

Injunctive relief;

Authority to enter onto the property to abate the actionable condition; and

Remediation costs and damages that arise from the existence or abatement of the actionable condition.

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