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Newberg council opts into state recreational‑immunity protections for trails and rights‑of‑way
Summary
Council unanimously adopted Resolution 2026‑424 to opt Newberg into a state statute that extends certain immunity protections for unimproved trails and rights‑of‑way, a measure staff said can shield the city from some negligence claims.
The Newberg City Council voted unanimously April 20 to adopt Resolution 2026‑424, opting the city into a state recreational‑immunity statute that extends specified legal protections to local governments for certain unimproved trails and rights‑of‑way.
A staff attorney explained the statute’s mechanics and limitations: it does not prevent a suit from being filed, but it provides an efficient legal foundation to defeat certain negligence claims arising from use of unimproved trails or rights‑of‑way. Councilors asked whether local districts (for example, the parks and recreation district, CPRD) could also obtain the protections; staff said the statute’s updated definition of "local government" includes districts and similar entities.
Council discussed whether the timing of the resolution related to other projects (for example, River Street planning). The staff attorney said the recommendation to opt in is independent of any single project and is intended to provide broader liability management for trail and easement areas. Council adopted the resolution by voice vote with all present members in favor.
The resolution is advisory to risk management and does not change operational maintenance standards; staff said the protections would be helpful if the city owns underlying property or rights‑of‑way that could generate claims.
Next steps: filing the opt‑in resolution with the appropriate state record and updating internal risk-management procedures to reflect the statutory protection.
