HB2388 • 2025

Allows for the creation of an easement over an owner's property for the benefit of the owner by declaration of the owner.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Representative Evans
Last action: 2025-06-27
Official status: In House Committee
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Allows for the creation of an easement over an owner's property for the benefit of the owner by declaration of the owner.

Digest: This Act allows land owners to create easements for themselves over their own land.

What This Bill Does

Digest: This Act allows land owners to create easements for themselves over their own land.
(Flesch Readability Score: 67.5).
Allows for the creation of an easement over an owner's property for the benefit of the owner by declaration of the owner.
Declares an emergency, effective on passage.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2025-06-27 House
In committee upon adjournment.
2025-01-17 House
Referred to Agriculture, Land Use, Natural Resources, and Water.
2025-01-13 House
First reading. Referred to Speaker's desk.

Official Summary Text

Digest: This Act allows land owners to create easements for themselves over their own land. (Flesch Readability Score: 67.5).
Allows for the creation of an easement over an owner's property for the benefit of the owner by declaration of the owner.
Declares an emergency, effective on passage.
Relating to: Relating to easements; declaring an emergency.
Current location: In House Committee

Current Bill Text

Read the full stored bill text

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2388
Sponsored by Representative EVANS (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: This Act allows land owners to create easements for themselves over their own land.
(Flesch Readability Score: 67.5).
Allows for the creation of an easement over an owner’s property for the benefit of the owner
by declaration of the owner.
Declares an emergency, effective on passage.
A BILL FOR AN ACT
Relating to easements; creating new provisions; amending ORS 105.170; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Section 2 of this 2025 Act is added to and made a part of ORS chapter 93.
SECTION 2. An easement may be created by an instrument in which the owner of the
land burdened by the easement is also the owner of the easement. Such an easement:
(1) Is effective upon recording, unless otherwise specified in the instrument;
(2) May not be considered void, voidable or terminated due to the operation of merger
at the time of creation or at a later time; and
(3) May be conveyed as any other easement.
SECTION 3.
ORS 105.170 is amended to read:
105.170. For purposes of ORS 105.170 to 105.185:
(1) “Easement” means:
(a) A nonpossessory interest in the land of another which entitles the holders of an interest in
the easement to a private right of way, embodying the right to pass across another’s land ; or
(b) An easement created under section 2 of this 2025 Act .
(2) “Holders of an interest in an easement” means those with a legal right to use the easement,
including the owner of the land across which the easement passes if the owner of the land has the
legal right to use the easement.
SECTION 4.
This 2025 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2025 Act takes effect
on its passage.
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 976