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Klamath County adopts ORS 105.668 trail-use immunity across county and service districts
Summary
The Klamath County Board of Commissioners voted Feb. 17 to adopt resolutions opting the county and multiple service districts into Oregon's trail-use immunity statute (ORS 105.668), extending targeted negligence protections for nonmotorized trail users; the board recorded no fiscal impact.
Commissioner Minty moved and the board unanimously approved resolutions on Feb. 17 adopting Oregon's trail-use immunity statute, ORS 105.668, for the county and for several service districts.
ORS 105.668 provides limited immunity from negligence claims for certain nonmotorized uses on public easements and improved rights-of-way. Commissioner Minty said the board's action was based on language read earlier in the meeting and noted the statute's statewide expansion of opt-in authority beginning Jan. 1, 2026. "I move that we adopt and sign the attached resolution opting in to Oregon's trail use immunity statute ORS 105.668," Minty said before the motion passed.
The board approved identical resolutions for the Drainage Service District, Extension Service District, Library Service District and the county in consecutive motions; each motion passed with recorded ayes. Meeting minutes and staff materials provided no fiscal impact estimate linked to the opt-ins.
Why it matters: opting in can change the county's legal exposure for claims tied to nonmotorized trail use on certain easements and rights-of-way. The decision places Klamath County in the group of local governments exercising the newly expanded authority to adopt the statutory immunity.
Next steps: the board signed the resolutions during the meeting; staff will incorporate the change into relevant county signage, policy documents and risk-management review as needed.
