Section 105.668 - [Operative 1/2/2026] Immunity from liability for injury or property damage arising from use of trail or structures in public easement or right of way(1) As used in this section:(a) "Local government" means a city or county.(b) "Structures" means improvements in a trail, including, but not limited to, stairs and bridges, that are accessible by a user on foot, on a horse or on a bicycle or other nonmotorized vehicle or conveyance.(c) "Unimproved right of way" means a platted or dedicated public right of way over which a street, road or highway has not been constructed to the standards and specifications of the local government with jurisdiction over the public right of way and for which the local government has not expressly accepted responsibility for maintenance.(2) In a city with a population of 500,000 or greater, a personal injury or property damage resulting from use of a trail that is in a public easement or in an unimproved right of way, or from use of structures in the public easement or unimproved right of way, by a user on foot, on a horse or on a bicycle or other nonmotorized vehicle or conveyance does not give rise to a private claim or right of action based on negligence against: (b) The officers, employees or agents of the city to the extent the officers, employees or agents are entitled to defense and indemnification under ORS 30.285;(c) The owner of land abutting the public easement or unimproved right of way in the city; or(d) A nonprofit corporation and its volunteers for the construction and maintenance of the trail or the structures in a public easement or unimproved right of way in the city.(3) A local government to which subsection (2) of this section does not apply may opt to limit liability in the manner established by subsection (2) of this section by ordinance, resolution, rule, order or other regulation for: (a) The local government;(b) The officers, employees or agents of the local government to the extent the officers, employees or agents are entitled to defense and indemnification under ORS 30.285;(c) The owner of land abutting the public easement or unimproved right of way in the local government; or(d) A nonprofit corporation and its volunteers for the construction and maintenance of the trail or the structures in a public easement or unimproved right of way in the local government.(4) This section does not grant immunity from liability: (a) Except as provided in subsection (2)(b) or (3)(b) of this section, to a person that receives compensation for providing assistance, services or advice in relation to conduct that leads to a personal injury or property damage.(b) For gross negligence or reckless, wanton or intentional misconduct.(c) For an activity for which a person is strictly liable without regard to fault.Amended by 2024 Ch. 64,§ 8, eff. 3/27/2024, op. 1/2/2026.Amended by 2024 Ch. 64,§ 5, eff. 3/27/2024.This section is set out more than once due to postponed, multiple, or conflicting amendments.