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Council unanimously adopts ordinance opting West Linn into state liability protection for easement trails (Ordinance 1771)
Summary
The council unanimously adopted Ordinance 1771, opting into ORS 105.668 to extend limitation of liability protections for trails and nonmotorized structures in public easements or unimproved rights of way; staff said the change broadens coverage beyond an earlier 2011 resolution.
The council unanimously adopted Ordinance 1771 to opt West Linn into liability protections created by the new state law ORS 105.668. City legal staff presented the ordinance and recommended codifying the opt‑in for transparency and to secure broader protections for the city, officers, landowners abutting easements and nonprofit volunteers who maintain trails.
The city attorney summarized the statute and noted the change is distinct from recreational immunity for park property; the ordinance covers nonmotorized users such as pedestrians, equestrians and bicyclists using trails in public easements or unimproved rights of way. "Pursuant to the new state law, this extends and protects not only the city, but city officers, employees, and agent as well as owners of land, abutting the public easement or unimproved right right away," the attorney said.
Councilors moved and seconded first and second readings; the ordinance passed on unanimous roll calls. Staff said codifying the decision in the municipal code should make the protection easier to locate and apply.
