Loading...
2025-253-Resolution No. 2025-036 Recorded 8/4/2025REVIEWED LEGAL COUNSEL i Recorded in Deschutes County CJ2025-253 Steve Dennison, County Clerk 08/04/2025 4:20:22 PM Commissioners' Journal ��7'=� IIIIEIINlIIlIIIIlIIlIIIIIlIIlI f 2025-253 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Adopting Immunity from Liability Provided in ORS 105.668, et seq., as Amended by * RESOLUTION NO. 2025-036 SB 179 (2025) WHEREAS, the 2024 Oregon Legislature enacted SB 1576 during its regular session; and WHEREAS, in 2024 Deschutes County, upon authority of ORS 105.668 et seq., and SB 1576 (2024) opted -in to the immunities identified in ORS 105.668 et seq.; and WHEREAS, as further amended by SB 179 (2025), Deschutes County desires to again opt -in to the immunities identified in ORS 105.668 et seq; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON as follows: Section 1. Immunity. Pursuant to ORS 105.668 et seq., as amended by SB 1576 (2024) and SB 179 (2025), on behalf of the County, its elected officials, officers, employees and agents, Deschutes County hereby opts -in to the immunity from liability for injury or property damage arising from the use of trails or structures in public easements and/or unimproved or improved rights of way and other public property located within Deschutes County. Section 2. Extended Immunity. Pursuant to ORS 105.668(3)(c) and (d), Deschutes County further opts to extend the immunity adopted in Section 1 of this Resolution to: a. The owner(s) of land abutting public easements and unimproved or improved right of ways and other public property located within unincorporated Deschutes County; and b. Any nonprofit entity and its volunteers for the construction and maintenance of trials or structures in a public easement, unimproved or improved right of way, or other public property located within unincorporated Deschutes County. PAGE 1 OF 2 — RESOLUTION NO.2025-036 Section 3. Effective Date. This Resolution shall take effect immediately from and after its adoption. 106) l't_ ' Dated this / of , 2025 ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PHIL C ANG, ConGissioner PAGE 2 OF 2 —RESOLUTION NO.2025-036 ��`�vT E S COG�..� { BOAR® OF COMMISSIONERS MEETING DATE: July 29, 2025 SUBJECT: Resolution No. 2025-036, adopting recreational immunity as provided by ORS Chapter 105, SB 1576 (2024), and SB 179 (2025) RECOMMENDED ACTION: Move approval of Resolution No. 2025-036. BACKGROUND AND POLICY IMPLICATIONS: Recent court decisions limited recreational immunity from civil lawsuits. In the 2024 session, the Legislature enacted SB 1576 which reinstituted historic recreational immunity. In the just completed 2025 session, the Legislature enacted SB 179 which further expands immunity protection. In order to avail itself of the expanded immunity protection, the County is advised to adopt an updated Resolution. BUDGET IMPACTS: Unknown ATTENDANCE: Legal