2025-253-Resolution No. 2025-036 Recorded 8/4/2025REVIEWED
LEGAL COUNSEL
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Recorded in Deschutes County CJ2025-253
Steve Dennison, County Clerk 08/04/2025 4:20:22 PM
Commissioners' Journal
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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
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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