Oregon Code § 97.760·Enacted ·Last updated March 01, 2026
Statute Text
Civil
action by Indian tribe or member; time for commencing action; venue; damages;
attorney fees.
(1)
Apart from any criminal prosecution, an Indian tribe or enrolled member thereof
shall have a civil action to secure an injunction, damages or other appropriate
relief against any person who is alleged to have violated ORS 97.745. The
action must be brought within two years of the discovery of the violation by
the plaintiff. The action may be filed in the circuit court of the county in
which the subject grave, cairn, remains or artifacts are located, or within
which the defendant resides.
(2) Any
conviction pursuant to ORS 97.990 (5) shall be prima facie evidence of a
violation of ORS 97.745 in an action brought under this section.
(3) If the
plaintiff prevails:
(a) The court may
grant injunctive or such other equitable relief as is appropriate, including
forfeiture of any artifacts or remains acquired or equipment used in the
violation. The court shall order the disposition of any items forfeited as it
sees fit, including the reinterment of any human remains in accordance with ORS
Plain English Explanation
This Oregon statute addresses Civil
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 97.760
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses Civil
. Read the full statute text above for details.
This page reflects the current text as of our last update. Always verify with the official Oregon legislature website for the most current version.
The formal citation is Oregon Code § 97.760. Use this format in legal documents and court filings.
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