WHAT IS A TRESPASS LETTER? HOW WILL IT BE USEFUL TO ME?
A Trespass Letter is a specifically worded document which has been approved by the Lane County District Attorney’s Office to allow a deputy to take enforcement action on your behalf without contacting you first.
Law enforcement officers do not have the authority to go onto private property and remove individuals or request them to leave without the consent of the property owner. If an officer observes someone on private property when the business is closed, or a problem is called in by someone who does not have the authority to sign a trespass complaint, LCSO must then contact the person who is legally responsible for the property before enforcement action can be taken. A Trespass Letter stands in place of that contact and gives our deputies permission to act on the property owner’s/manager’s behalf in trespass situations. In this way, deputies who observe trespassers on private property can more immediately address the problem rather than be delayed in acting or be unable to take action at all.
WHAT IS THE LAW REGARDING TRESPASSING?
Per Oregon Revised Statute 164.243 – 164.255, a person commits the crime of Criminal Trespass if the person enters or remains unlawfully in or upon a premises when such premises is not open to the public, or the person fails to leave premises that are open to the public after being lawfully directed to do so by the person responsible for that location. For the complete definition and conditions, please refer to the listed statutes.
WHAT ELSE DO I NEED TO DO?
In addition to filing the trespass letter, your property must be posted with “No Trespassing” signs. These signs should not include any language directed at loitering as there is no law that can be enforced regarding loitering at this time.
WHAT HAPPENS NEXT?
Should an officer respond to your property, he/she will be notified by dispatch if there is a Trespass Letter on file with our agency. Once the letter has been confirmed, the officer will take the appropriate action.
DOES MY TRESPASS LETTER EXPIRE?
In order to make sure we are still acting in accordance with your wishes, the letters expire yearly. We will contact citizens in January each year to have them re-sign a new letter. Citizens who do not respond to that mailing will simply have their trespass letters lapse.
WHAT HAPPENS IF I CHANGE MY MIND OR SELL MY PROPERTY?
You may revoke your Trespass Letter at any time - simply notify us of your wishes in writing. If the status of the property changes in any way, we ask that you notify us as soon as possible and arrange for your trespass letter to be updated.
To submit a Trespass Letter, please:
- Print and complete the Trespass Letter found at the link provided: Trespass Letter
- Submit your letter to the Lane County Sheriff's Office.
- 125 E. 8th Avenue, Room 140 - Eugene, Oregon.
- Office hours are 9 am to 5 pm, Monday through Friday, excluding legal holidays.
- Completed letters can be submitted in person during office hours, or they can be mailed to us at the address noted above.