On May 28, 2025, Governor Kotek signed SB 179 into law, to be effective January 1, 2026. SB 179 makes permanent the temporary changes made to the Oregon recreational immunity law by SB 1576 in 2024, set to sunset on January 2, 2026.
By way of background, ORS 105.672 – 105.696 provides landowners with immunity from negligence claims for personal injury or property damage when the landowner has made the land available to the public for recreational purposes without a fee, and the claim arises from a person’s use of the land for recreational purposes.
In 2009 the law was amended to provide immunity with respect to unimproved trails used for access to land for recreational purposes, but the amendment did not address improved trails. In 2023, some local governments and other landowners closed their trails after Fields v. City of Newport, 326 Or App 764 (2023) held that recreational immunity did not apply to improved trails used to access other land that the person intends to use for recreation. Many of the closed trails were on the Oregon Coast, which threatened to harm the area’s economy.
SB 179 provides a permanent fix by expressly providing immunity with respect to improved trails, paths, and other rights of way that are used to access land for recreational purposes, so long as the improvement was completed in a manner that does not constitute gross negligence, wanton or intentional misconduct, or an activity for which the landowner is strictly liable.
Beach and trail advocates, local governments, and land trusts, advocated for the passage of the bill.
