Part 107 in Oregon: Owners Can Sue Repeat Flyers

Oregon gives property owners a direct way to stop repeat drone flights. Under ORS 837.380, a person who owns or lawfully occupies real property can sue anyone who flies a drone over it if the operator had flown over at least once before and the owner had told the operator they did not want it flown over the property. A winning owner can recover treble damages and an injunction. Commercial flights that comply with FAA authorization are excepted from this particular action.

What are the conditions for a lawsuit?

ORS 837.380 lets the owner or occupant sue when:

1. the operator flew the drone over the property on at least one previous occasion; and
2. the owner or occupant notified the operator that they did not want the drone flown over the property.

Unlike Nevada's version, the Oregon text does not set a height. Any flight over the property after notice can qualify.

What is excepted?

• A drone lawfully in the flight path to land at an airport, airfield or runway, while taking off or landing.
• A drone operated for commercial purposes in compliance with authorization granted by the FAA.

The commercial exception has a limit. The statute says it does not stop an owner from bringing another civil action, such as an invasion of privacy claim under ORS 30.831. Following Part 107 protects you from this trespass action, not from every claim.

What can a winning owner recover?

Treble damages for injury to the person or property from the trespass, injunctive relief, and attorney fees when the amount pleaded is $10,000 or less. The Attorney General can also bring an action on the state's behalf.

What federal rules matter most in Oregon?

Portland sits under Class C airspace, and several Class D airports surround it, so metro work usually needs authorization under §107.41 through LAANC. Coastal and mountain flights bring low clouds and fog; the cloud clearance post shows how quickly a low ceiling limits your altitude.

A worked example

A neighbor tells you not to fly over their house while you inspect a client's roof next door. Your flight is commercial and complies with Part 107, which on our reading falls under the exception for commercial flights in compliance with FAA authorization, so ORS 837.380 should not give the neighbor a trespass action. You still plan the inspection to avoid crossing their property, both as good practice and because a privacy claim remains possible. Federally, keep clear of people in their yard under §107.39.

What this means for the exam

Oregon law is not on the FAA knowledge test. The weather topics are, and Oregon's marine layer is a good real-world reason to learn METAR decoding.

Other states are compared in the state drone laws guide.