Attachment A - Appendices

Appendix
EXHIBIT 1A-1
- APPENDIX 1

Settlement Agreement and Release

Carr et al. v. ODOT et al., Case No. 3: l 3-cv-02218-MO

Parties:

Tammi Carr, Brian Shipley, Douglas Lohr, Ryan Warfield, and Melody Perdew (Collectively,
"Plaintiffs");

The Oregon Department of Transportation ("ODOT") and Matthew Garrett (Collectively, "State
Defendants");

Multnomah County and Daniel Staton (Collectively, "County Defendants").

Recitals:

A. On or about December 17, 2013, Plaintiffs filed an action for injunctive relief and
damages against ODOT, Matthew Garrett, Multnomah County, and Daniel Staton in the
Federal District Court of Oregon, Case No. 3:13-cv-02218-MO ("the Action"). Plaintiffs
filed an Amended Complaint on or about February 21, 2014.

B. The Parties wish to resolve the Action.

C. The Parties acknowledge that state highway right of way property is an asset of the
state highway trust fund and may only be acquired, held, and used for highway purposes
under Article IX, section 3a of the Oregon Constitution. Accordingly, the parties further
acknowledge that the public's use of state highway property is limited exclusively to
transportation purposes consistent with this constitutional dedication. ODOT is
responsible for the prudent stewardship and management of highway fund assets,
including real property. ODOT has an affirmative duty to ensure that the public's use of
these assets is consistent with the purposes of the trust fund dedication.

D. The Parties acknowledge that under Lavan v. City ofLos Angeles, 693 F.3d 1022 (9th
Cir. 2012), the Fourth and Fourteenth Amendments protect homeless persons from
government seizure and summary destruction of their unabandoned, but momentarily
unattended, personal property.

E. The Effective Date of this Agreement is July 3 / ,2014.

Agreement:

In consideration of the mutual promises set forth below, which the Plaintiffs, the State
Defendants, and the County Defendants acknowledge shall constitute full and sufficient
consideration, the Parties agree as follows:
 A. Removal of Personal Property from Illegal Campsites on ODOT Rights of Way. 1

1. "No Trespassing" Signage. ODOT will add its "Flying T" symbol in red
to its "No Trespassing" signs throughout the State on ODOT highway
rights of way. ODOT will make reasonable efforts to complete this
change in the Portland Metro area within two months from the Effective
Date of this Agreement. ODOT will make reasonable efforts to complete
this change throughout the State within three months from the Effective
Date of this Agreement.

2. Geographical Areas Subject to "No Trespassing" Signage. The criteria for

determining whether ODOT will sign an Area "No Trespassing" will be
provided for in an Oregon Administrative Rule, which is currently in the
rulemaking process. Once an area is signed "No Trespassing" pursuant to
that rule, the geographical areas subject to the signs shall be as follows:

a. When placed on a fence, the area behind the fence.

b. When placed at an entry point to an area, the area beyond the sign.
c. When placed on or under a bridge, the area under the bridge and
100 feet away from the bridge except for the sidewalk or multi-use
path within the bridge area.
d. For all other areas: The area between and behind the signs with
the signs being placed in a manner that a reasonable person would
understand.

3. Temporary Notices. A temporary notice must be posted before any

homeless encampment cleanup on any ODOT rights of way that have a
"No Trespassing" sign no less than 24 hours before the cleanup. A
temporary notice must be posted before any homeless encampment
cleanup on all other ODOT rights of way within 10-19 days 2 of the
cleanup. All notices, regardless of whether subject to ORS 377.653, must,
at a minimum:

a. Be laminated or weather resistant;

b. Be posted in a conspicuous location, within the general vicinity of

the campsite; and

c. Include the following information, in English and Spanish:

1
Applicable future statutory changes relating to removal of personal property from illegal
campsites that are not signed as "No Trespassing" areas on ODOT rights of way will be read into
this Agreement if and when such changes occur.
2
Except that if ODOT determines that personal property on ODOT rights of way that are not
designated as a "No Trespassing" area is in violation of environmental laws, ODOT may remove
the personal property upon posting 24-hours notice.

2
 i. For areas signed "No Trespassing," the date and time the
notice is posted; for all other areas, the date the notice is
posted.

ii. For "No Trespassing" areas, a statement that property will

be removed between 24 hours and 7 days after the date and
time of the posting; for all other areas, the dates within
which the cleanup will occur,

iii. How long ODOT will store the property, and

iv. A telephone number to call to recover property.

4. Removal of Temporary Notices. If a temporary notice is removed during

the posting period, ODOT may proceed with the removal of the personal
property.

5. Sufficiency of Notice. In locations not subject to ORS 377.653, 3 during

the posting period, ODOT may remove all property that is within the
general vicinity of where the temporary notice was placed, regardless of
when the property was placed there. If property is within the general
vicinity of the temporary notice when the notice is posted, the notice will
be considered sufficient notice ifthe property is moved anywhere within
1500 feet of the notice during the posting period. Any such property will
be subject to removal under the notice. This provision does not constitute
permission by the State Defendants to leave property on ODOT rights of
way, even if property is left more than 1500 feet away from a temporary
notice.

6. Sufficiency of Notice under ORS 377.653. Under ORS 377.653,

temporary notices must be placed within 30 feet of the property to be
removed. In locations subject to ORS 377.653, the Parties agree that,
during the posting period, ODOT may remove all property that is within
30 feet of where the temporary notice was posted regardless of when the
property was placed there. The parties agree that temporary notice is
sufficient notice under ORS 377.653 if property is within 30 feet of the
notice when posted and is moved anywhere within 1500 feet of the notice
during the posting period. Any such property will be subject to removal
under the notice. This provision does not constitute permission by the
State Defendants to leave property on ODOT rights of way, even if
property is left more than 1500 feet away from a temporary notice.

3
Locations are "subject to ORS 377.653" when they are under a state highway bridge, on
property along a river and within an urban growth boundary, unless and until ORS 377.653 is
amended or repealed.
3
7. Additional Notice. At the time of posting and in addition to posting, up to
ten temporary notices will be distributed, in leaflet form, in the general
vicinity of a homeless encampment, prior to any cleanup.

8. Storage. ODOT must store all personal property removed in homeless

encampment cleanups for at least 30 days:

a. In a manner that is reasonably likely to protect the property from

harm and keep it identifiable to the location and date where it was
found. To the extent possible, items from the same
tent/surroundings will be kept together;

b. In a location that is reasonably secure; and

c. In a location that is reasonably accessible to the location where the

property was found.

The parties agree that the Lawnfield storage facility, located at 9200 SE
Lawnfield Road, in Clackamas, Oregon, is reasonably accessible to
homeless encampments in the Portland Metropolitan area.

9. Inventory. Before removing property from homeless encampments, crews

will place all items to be stored on a tarp or other covering and take a
photograph. Property will be arranged on the tarp or other covering so
that items may be distinguished from one another. However, items that
are large enough to be easily distinguished in a photograph such as a
bicycle, a large item of furniture, or a large trunk, do not need to be placed
on a tarp but will be photographed separately. Bulky items such as
blankets or large amounts of clothing from the same tent/surroundings
may be piled on the tarp vs spreading each individual item out for the
photo. Crews will not be obligated to open boxes, bags, or other
containers.

10. Training and Procedure. The State and County Defendants will provide
training on all new procedures contained in this Agreement, as
appropriate.

1 I. Emergency Clause. IfODOT determines that personal property creates

an exceptional emergency, such as possible site contamination by
hazardous materials or that either the personal property itself or
individuals entering the property to retrieve the property presents an
immediate danger to human life or safety, ODOT may immediately
remove the property without the notice described in the Section A.3 of this
agreement. ODOT will inventory and store such property as provided for
in Section A.8 and 9 of this Agreement. Upon removing the personal

4
 property, ODOT will post a temporary notice identifying how long ODOT
will store the personal property and a telephone number to call to recover
the personal property. Personal property that may enter a river as a result
of seasonal increases in river levels, absent other evidence, does not
constitute an exceptional emergency or immediate danger. Personal
property that may enter a river as a result of unanticipated flooding, absent
other evidence, does constitute an exceptional emergency or immediate
danger.

B. Oregon Administrative Rules and ODOT Policies. Within 12 months from the
effective date of this agreement, the State Defendants agree to amend the Oregon
Administrative Rules to include the requirements set forth in paragraph A.3-4 above.
The State Defendants will also amend all related written policies and guidance ODOT
provides to ODOT employees and Multnomah County employees when working with
ODOT on homeless camp cleanups on ODOT property to include the requirements
set out in paragraph A as appropriate.

C. Notice to Plaintiffs' Counsel. Before making any changes to the Oregon

Administrative Rules, or to any related written policies or guidance provided to
ODOT or Multnomah County employees regarding removal of property from
homeless encampments on ODOT property, ODOT will provide no less than 30 days'
notice to the Oregon Law Center that it intends to make such changes and what the
content of the changes is. In the event that an unexpected, time-sensitive situation
arises that may require a policy change sooner than 30 days, ODOT will contact the
Oregon Law Center to discuss the need for a policy change on a more expedited basis
and explain the content of the change before implementing the change.

D. Damages. State Defendants agree to pay $60,000 to the Oregon Law Center Client
Trust Account.

E. Dismissal. Within three business days of payment by the State Defendants, Plaintiffs
shall file a voluntary notice of dismissal of the Action. The dismissal shall be with
prejudice. Other than the payment provided for in paragraph D, each party waives
any claim for or right to a prevailing party fee award or prevailing party cost award.

F. State and County Releasees. The "State and County Releasees," as used herein,
shall mean the State of Oregon, ODOT, Multnomah County, and any and all of their
present and former staff, employees, directors, officers, board members, agents,
independent contractors, attorneys and insurers.

G. Mutual Releases.

I. Plaintiffs agree to release and forever discharge the State and County
Releasees from any and all claims, legal or equitable (including, but not
limited to, demands, actions, causes of action, damages, injunctions,
disgorgement, expenses, interest, attorney fees, affirmative relief or

5
 compensation of any kind, known or unknown, suspected or unsuspected,
asserted or unasserted) that Plaintiffs ever had, now have, or might ever have
against any of the State and County Releasees that are in any way related to or
arise out of any conduct, omission, or event that occurred on or before the date
of this Agreement, including but not limited to the conduct, omissions, and
events alleged in the Action.

2. The State and County Releasees agree to release and forever discharge
Plaintiffs from any and all claims, legal or equitable (including, but not
limited to, demands, actions, causes of action, damages, injunctions,
disgorgement, expenses, interest, attorney fees, affirmative relief or
compensation of any kind, known or unknown, suspected or unsuspected,
asserted or unasserted) that the State and County Releasees ever had, now
have, or might ever have against Plaintiffs that are in any way related to or
arise out of any conduct, omission, or event that occurred on or before the date
of this Agreement, including but not limited to the conduct, omissions, and
events alleged in the Action.

H. No Third-Party Contract Rights. This Agreement provides for the adoption of new
Oregon Administrative Rules and guidelines by the State Defendants. This
Agreement is not intended to create contract rights to anyone other than Plaintiffs.
Any future claims brought by Plaintiffs for breach of this Agreement must comply
with the requirements of the Oregon Tort Claims Act, ORS 30.260 et seq.

I. No Admission of Wrongdoing. Neither the fact of settlement nor any statement in

this Agreement shall be construed or used as an admission of any sort by any Party
hereto. The provisions of this Agreement shall not be construed as an admission of
liability on the part of the State and County Releasees.

J. No Agreement that Policies Comply or do not Comply With Law. The fact of
settlement does not imply that plaintiffs agree that ODOT's policies comply with
State or Federal law, either facially or as they may be applied. The fact of settlement
does not imply that ODOT agrees that its policies do not comply with State or Federal
law, either facially or as they may be applied.

K. Agreement Not Affected by Subsequently-Discovered Facts. The Parties hereby

acknowledge that they or their agents may hereafter discover facts or circumstances
different from or in addition to those they now know or believe to be true with respect
to the claims released in paragraph G. The Parties declare that this Agreement shall
be and shall remain effective in all respects notwithstanding the discovery of such
different or additional facts or circumstances provided those facts or occurrences
occurred before the date of this Agreement.

L. No Claims Assigned; Authority to Release. Plaintiffs represent and warrant that

they hold all interests in the claims released in paragraph G, and that no such interests
have been assigned or otherwise transferred to any person, partnership, corporation,

6
 or any other entity which is not a party to this Agreement. Plaintiffs further represent
and warrant that they have authority to discharge and release all claims as described
above.

M. Understanding and Acceptance of Consideration. The Parties hereby declare and

represent that each Party fully understands the terms of this Agreement and their
agreement to voluntarily accept the consideration given as fully sufficient for the
purpose of settling and releasing any and all claims as set forth above.

N. Representation by Counsel. The Parties hereby acknowledge that each Party has
been and is represented by independent counsel in connection with this Agreement
and is not relying on the other Party of the other Party's counsel in executing this
Agreement.

0. Integrated Agreement. This Agreement sets forth the entire definitive agreement
between the Parties and fully supersedes any and all prior agreements or
understandings, written or oral, between the Parties pertaining to the subject matter
herein.

P. Drafting. This Agreement has been the subject of negotiation between the Parties
and they shall be deemed to have jointly drafted this Agreement for purposes of any
rules of construction or interpretation.

Q. Counterparts. This Agreement may be executed in separate counterparts, and the

Parties may utilize facsimile or electronic transmissions to deliver signed counterparts
hereof followed by exchange of signed originals. All such counterparts together shall
constitute a single instrument.

R. Applicable Law. This Agreement and the rights and obligations of the Parties shall
be governed by the laws of the State of Oregon, the Oregon Constitution and the
United States Constitution without regard to principles concerning choice of law.

S. Authorized Signatures. The persons executing this Agreement hereby warrant and
represent that they are authorized to execute this Agreement on behalf of the party for
whom they are signing and to bind such party to the terms of this Agreement.

T. Reservation of Rights. All Parties' rights under applicable laws are reserved to the
extent those rights are not addressed by the express terms of this Agreement. Nothing
in this Agreement should be construed to excuse any Party from enforcement of or
compliance with applicable laws, statutes, and rules on an ongoing basis. The rights
that plaintiffs reserve include but are not limited to the ability to challenge the Oregon
Administrative Rules adopted pursuant to this agreement. The rights ODOT reserves
include but are not limited to ODOT's right to demand that people illegally present on
its property (such as those in "No Trespassing" areas or those camping in areas where
camping is illegal) leave the property immediately and take their personal property
with them. When ODOT invokes this right, ODOT expects the person to commence

7
 collecting their personal property and vacate the area without delay. If personal
property remains in the area, ODOT will follow the procedures in paragraph A.3-9 or
A. I I of this agreement as appropriate.

7-:19-J l/
DATE

DATE

7-;;Jj·J~
DATE /

OREGON DEPARTMENT OF TRANSPORTATION MULTNOMAH COUNTY

Print Name: - - - - - - - - - Print Name: _ _ _ _ __ _ __

Its: _ _ _ _ _ _ _ _ _ _ __ Its :
- - - - - -- - - - - -
Date: Date: _ _ _ _ __ _ _ _ __
----------~

MATTHEW GARRETT DATE

DANIEL STA TON DATE

8
 collecting their personal property and vacate the area without delay. If personal
property remains in the area, ODOT will follow the procedures in paragraph A.3-9 or
A.11 of this agreement as appropriate.

WHEREFORE, the Parties hereby execute this Agreement,

TAMMI CARR DATE

DOUGLAS LOHR DATE

MELODY PERDEW DATE

BRIAN SHIPLEY DATE

RY AN WARFIELD DATE

O\V\J Mp..{+""'{(.,..>
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OREGON DEPARTMENT OF TRANSPORTATION
tt II\ h 15
By: _ __
MULTNOMAH COUNTY

_ _ _ _ _ __ __
C~(la Ct-tl
Print Name: Print Name:
- - - -- - - - -
Its: D1 rt. c.+-or Its: - - - - - - - -- ----"=-
7/31/i_o1l(
Date: _ _ _ __ _ _ _ _ _ _

DATE (

DANIEL STA TON DATE

8
 collecting their personal property and vacate the area without delay. If personal
prope1ty remains in the area, ODOT will follow the procedures in paragraph A.3-9 or
A.11 of this agreement as appropriate.

WHEREFORE, the Parties hereby execute this Agreement,

TAMMI CARR DATE

DOUGLAS LOHR DATE

MELODY PERDEW DATE

BRlAN SHIPLEY DATE

RY AN WARFIELD DATE

OREGON DEPARTMENT OF TRANSPORTATION MULTNOMAH COUNTY

By:

Print Name: --------~

Print Name: --------~

Its: - - - - - - - - - - - - Its: _ _ _ __ _ _ _ _ _ _ __

Date: _ _ __ _ __ _ _ __

~·~( . le.{-
DATE
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A~s1~-i-A-NI ~tJT'-( A-r--rn..N~ 8
 Exhibit A - Appendix
Appendix A-2 2
(updated Amd 2)
Oregon Department of Transportation Highway Division

Guidelines for Removing Personal Property From Illegal Camping

On State Highway Rights of Way

The purpose of these Guidelines is to outline and guide the process for removal of personal
property from state highway rights of way, other than state highway rights of way within the
Portland city limits, where the property is reasonably believed to be the result of illegal
camping. When personal property from illegal camping is discovered on state highway rights
of way within the Portland city limits, the criteria outlined in Chapter 21, 2018 laws (HB 4054)
and the subsequent agreement between ODOT and the City of Portland will be followed.

Background
According to ORS 377.650, ODOT may remove personal property from state highway rights
of way after mailing written notice to the property owner. In the case of illegal camping, a
mailing address of the personal property owner may not be known. When the personal
property is under a bridge, along a river, and within an urban growth boundary, ORS 377.653
requires notice to be posted in a conspicuous location within 30 feet of the personal property.

Oregon Administrative Rules (OAR) 734-035-0010 through 734-035-0040 were adopted to

establish a process specific to removing personal property from illegal camping in areas not
closed to public entry. In 2014 these rules were modified to include the removal of personal
property from locations not open to public entry. The Rules are available online at:
http://arcweb.sos.state.or.us/pages/rules/oars_700/oar_734/734_035.html. Questions about these
Rules or these Guidelines should be directed to the Maintenance and Operations Branch.

Where illegal camping regularly occurs in areas not closed to public entry, a permanent sign
may be posted announcing that camping is not allowed such as No Camping, or Prohibited
Activities on Highway Right of Way. However, specific notice must be posted prior to
removing personal property from the area.

When personal property reasonably believed to be from camping is found in an area not open
to the public and the area is posted as “no trespassing” according to OAR 734-035-0200, the
personal property may be removed after posting 24-hour notice.

Personal Property
“Personal property” for this purpose includes items that are reasonably recognized as
belonging to individual persons and that have apparent utility. This may include books,
photographs, personal documents such as identification and social security cards, camping
equipment, bicycles, clothing, etc.

Weapons (such as guns and knives), drug paraphernalia and items that reasonably appear to
be either stolen or evidence of a crime should be turned over to the appropriate law
enforcement agency.

Personal property is to be handled with care when separating it from trash and items to be
turned over to law enforcement. When personal property is found on state highway rights of
way, regardless of how the area is posted, and the personal property is attended:
 An ODOT employee may ask the person to gather their belongings and to leave the area.
 If the person does not leave, or the ODOT employee is uncomfortable engaging the
person, law enforcement should be called.
Page 1 of 6
Guidelines for Removal of
Personal Property from Illegal Camping

 Law enforcement should ask the person to leave the area and to take their belongings. If
the person refuses to leave, law enforcement may cite for criminal trespass or other
violation and require the person to leave the area taking their belongings.
 When requested by ODOT or law enforcement to leave the area, the person is expected
to begin collecting their personal property and to vacate the area without delay.
 Any personal property that remains after the person moves or is removed by law
enforcement should be treated as described in these Guidelines.

Notice of Personal Property Removal in Areas Not Closed to Public Entry

A temporary notice, form 734-2865, Notice No Camping Personal Property Must Be
Removed, is to be posted prior to removal of personal property from illegal camping,
regardless of whether or not a permanent sign such as No Camping is posted at the location.
The posting of the Notice should be documented such as by photos and a daily journal or
diary entry.

The Notice must be:

 posted at least 10 days but not more than 19 days before the removal of personal
property
 posted in a conspicuous place in the general vicinity of the personal property to be
removed. When the personal property is under a bridge, along a river, and within the
urban growth boundary the notice must be posted in a conspicuous place within 30 feet
of the personal property.
 laminated or otherwise made to be weather resistant.

Note: It is recommended the Notice not be posted on or attached to personal property in the
area.

In addition to posting the Notice, up to 10 copies of the notice are to be distributed in the
general vicinity of the personal property to be removed. Copies of the notice that are handed
out do not need to be laminated or be weather resistant. The number of notices distributed
should be documented such as by a daily journal or diary entry.

When completing form 734-2865:

 In the first blank, insert the date (mm-dd-yyyy) the notice is posted.
 In the second blank, insert the date by which the personal property must be removed.
This date should be 10 days from the date the notice is posted.
 In the third blank, insert the first date on which ODOT may begin the personal property
removal. This day would be the same as the second blank: 10 days from the date the
notice is posted.
 In the fourth blank, insert the last date within which the personal property removal may
occur. This date should be 19 days from the date the notice is posted.
 In the fifth blank, insert the telephone number to call to schedule an appointment to
recover the stored property.

Note: Personal property within the general vicinity when the Notice is posted that has been
relocated during the waiting period may be removed by ODOT if it remains on ODOT

Page 2 of 6
Guidelines for Removal of
Personal Property from Illegal Camping

property within 1,500 feet of the posted notice. Notice postings should be well distributed
around the area.

If the posted notice has been removed during the waiting period, it is to be replaced on the
day of the personal property removal. (Complete the replacement notice using the dates
from the original notice.) The reposting of the notice should be documented such as by
photos and a daily journal or diary entry.

Notice of Personal Property Removal in Areas Not Open to Public Entry

As described in OAR 734-035-0200 and the “Related Authorities” section of these Guidelines,
the District Manager may determine an area is not open to public entry and post the area as
“no trespassing”.

 A temporary notice, form 734-2945, Notice No Trespass Area Personal Property Must Be
Removed, is to be posted prior to removal of personal property from camping. The
posting of the Notice should be documented such as by photos and a daily journal or diary
entry.

The Notice must be:

o posted in the area of the personal property removal no less than 24-hours but not
more than 7 days before the removal of personal property. (In locations not open
to public entry that are under a bridge, along a river, and within the urban growth
boundary, personal property may not be removed for at least 5 days.)
o posted in a conspicuous place in the general vicinity of the personal property to
be removed. When the personal property is under a bridge, along a river, and
within the urban growth boundary the notice must be posted in a conspicuous
place within 30 feet of the personal property.
o laminated or otherwise made to be weather resistant.

Note: It is recommended the Notice not be posted on or attached to personal property in

the area.

When completing this form (form 734-2945):

o In the first blank, insert the date (mm-dd-yyyy) and time (hh-mm) the notice is
posted. For instance: 07-30-2014 at 09:15 a.m.
o In the second blank, insert the date by which the personal property must be
removed. This date should be at least 24-hours from the date the notice is
posted.
o In the third blank, insert the first day on which ODOT may begin the personal
property removal. This day would be the same as the second blank: 24 hours
from the date the notice is posted. (In areas not open to public entry that are
under a bridge, along a river and within an urban growth boundary, personal
property may not be removed for at least 5 days.)
o In the fourth blank, insert the last date within which personal property may be
removed. This date should be 7 days from the date the notice is posted.
o In the fifth blank, insert the telephone number to call to schedule an appointment
to recover the stored property.
Page 3 of 6
Guidelines for Removal of
Personal Property from Illegal Camping

Note: Personal property within the general vicinity when the Notice is posted that has
been relocated during the waiting period may be removed by ODOT if it remains on
ODOT property within 1500 feet of the posted Notice. Notice postings should be well
distributed around the area.

If the posted notice has been removed during the waiting period, it is to be replaced on
the day of the personal property removal. (Complete the replacement notice using the
dates from the original notice.) The reposting of the notice should be documented such
as by photos and a daily journal or diary entry.

Documentation of Personal Property Removal

At the time the personal property is to be removed, photos need to be taken showing the
general condition of the area before items are removed, including the major personal property
items at the location (bicycles, camping equipment, etc.). Photos and other documentation
should be held at least 2 years after the storage period ends.

The personal property to be stored is to be placed on a tarp or other covering and a photo
taken. The personal property is to be arranged so that items may be distinguished from one
another in the photo. Bulky items such as blankets or clothing believed to be from the same
tent or encampment may be piled on the tarp rather than spread out individually for the photo.
Large items such as a bicycle, tent, or furniture do not need to be placed on a tarp to be
photographed. Crews are not obligated to open boxes, bags, or other containers to display
and photograph the contents.

Personal property to be stored should be identified with the date and location the items were
collected. Small items may be placed in plastic bags for ease of transport and storage.
Consider using clear plastic bags to aid in identifying the personal property when claimed.

Storage of Personal Property

Store personal property removed from illegal camping in a reasonably secure location and in
a manner reasonable likely to protect the property from harm. The location should be
reasonably accessible to the location where the personal property was found, preferably near
public transportation. To the extent possible, items from the same tent or encampment are to
be kept together.

Personal property collected from illegal camping is to be held for 30 days from the last date
that personal property removal could occur. If the final day for storage falls on a weekend or
holiday, extend the storage period to at least the next business day. Trash may be
immediately discarded. During the storage period, the personal property will be reasonably
available to persons claiming ownership of the personal property.

Recovery of Personal Property

The person claiming ownership of the personal property is to call to schedule an appointment
during regular business hours to recover their personal property. If personal property is
claimed, a charge of $2 may be made for the cost of removing and storing the personal
property. The payment is to be forwarded to Financial Services as miscellaneous revenue.
Page 4 of 6
Guidelines for Removal of
Personal Property from Illegal Camping

Disposal of Unclaimed Personal Property

After the 30 day storage period, unclaimed personal property can be disposed of by either
discarding or recycling. If the unclaimed personal property has apparent value, such as a
bicycle, it should be disposed of following the Department’s procedures for lost and found
items (ADM 06-13).

Training
The ODOT employees responsible for the removal of the personal property should be familiar
with the statutes, administrative rules, and guidelines on the removal of personal property
from illegal camping. A review of what is considered personal property should be conducted
onsite each time a contract or inmate crew is used to assist in the removal of personal
property. A review should be conducted for ODOT crews as needed to stay familiar with
these guidelines.

 ODOT Employee Review for Removal of Personal Property from Illegal Camping
 Contractor Tailgate Review for Removal of Personal Property from Illegal Camping
 Personal Property Removal Procedure Checklist (Areas Not Closed to Public Entry)
 Personal Property Removal Procedure Checklist (Areas Not Open to Public Entry)

Emergency Situation
In the event of an exceptional emergency, personal property from illegal camping may be
removed without the notice described in these Guidelines. An “exceptional emergency” is a
situation which must be immediately addressed to avoid greater harm such as site
contamination by hazardous materials or that either the personal property itself or individuals
entering the location to retrieve the personal property presents an immediate danger to
human life or safety.

In addition, when personal property on highway right of way in locations not closed to public
entry is in violation of environmental laws, the personal property may be removed upon
posting 24 hour notice.

Approval of the Maintenance and Operations Engineer is required prior to the removal of
personal property in an emergency situation.

Personal property removed due to an emergency situation is to be inventoried and stored as

described in these Guidelines. Upon removing the personal property, notice is to be posted
identifying how the personal property may be claimed. Form 734-2915.

Other Debris or Personal Property

Debris cleared from state highway rights of way such as from illegal dumping or other littering
is not subject to the notice requirements of these Guidelines or OAR Chapter 734, Division 35
unless that debris is reasonably identified as personal property from illegal camping.

Removal of personal property, other than from illegal camping, should follow the steps
outlined in ORS 377.650 and 377.653 or other applicable regulations. If the personal

Page 5 of 6
Guidelines for Removal of
Personal Property from Illegal Camping

property is a sign (such as political, real estate, yard sale, etc.), the steps outlined in ORS
377.655 and OAR 734-060-0060 through -0070 should be followed.

Personal property found in an area not open to public entry and posted as “no trespassing”
may be removed without prior notice if the personal property is not reasonably believed to be
from camping in the area such as a set of car keys. Follow the Department’s procedure for
lost and found items (ADM 06-13) for the removal, storage, and disposal of the item.

Trespass and Other Related Authorities

The Department’s removal of personal property from illegal camping is not to be confused
with trespass regulations. The removal of personal property is focused on the property left on
state highway rights of way. Trespass regulations focus on the person or behavior and
require action by a law enforcement officer.

It may be appropriate to post an area as “no trespassing” when the area is not open to the
general public such as stockpile sites, sand sheds, and some areas under bridges. An area
may be posted as “no trespassing” at the District Manager’s discretion when there is a strong
government interest to do so such as to protect the safety of the general public, state
employees, or the state highway system; for environmental protection; or for the reasonable
maintenance and operation of the state highway system; see OAR 734-035-0200.

The enforcement of “no trespass” regulations is by law enforcement officers. If the “no
trespass” area is not clearly defined, an ODOT employee may be requested to be present
when the law enforcement officer takes action. Note: City and County ordinances may
require the local government provide pre-notification if city or county officials assist in the
removal of people camping in the area.

In some metropolitan areas, individuals may be excluded from specific sections of highway
right of way, deemed as “exclusion areas”. Special arrangements, such as an Interagency or
Intergovernmental Agreement, must be established with the local or state law enforcement
agency including having the exclusion areas identified on a map or drawing. However, an
area does not need to be designated as an “exclusion area” for ODOT to remove personal
property resulting from illegal camping or for law enforcement to enforce trespass or other
laws.

Immediate removal of personal property may be accomplished as a police matter as a part of

the trespass citation or exclusion notice by directing the person to remove their personal
property when they leave the area. If personal property remains after law enforcement
moves or removes the person, the personal property should be treated as described in these
Guidelines.

Note: When local law enforcement assists in the removal of personal property from state
highway right of way, either on their own or on ODOT’s behalf, such as in an “exclusion
area”, the personal property is to be handled and stored as described in these Guidelines.
12/07/2018

Page 6 of 6
 Appendix A-3

Oregon Department of Transportation Highway Division

NOTICE
NO CAMPING
OAR 734-020-0095
PERSONAL PROPERTY MUST BE REMOVED
_______________________
(date posted)

Personal property must be removed from this location prior to _________________. The
Department may remove all personal property remaining within 1,500 feet of this Notice
between ________________ and _______________.

To arrange an appointment to recover property removed from this location, call ___________
during regular business hours.

Personal property must be claimed within 30 days from the last date the personal property
may be removed by the Department. A charge of $2 may be made for the cost of removal
and storage of the personal property.

OAR 734-035-0010 through 734-035-0040

AVISO
NO ACAMPAR
OAR 734-020-0095
LOS BIENES PERSONALES DEBEN SER RETIRADOS
__________________
(fecha de exhibición)

Todos los bienes personales deben ser retirados de este lugar antes del ____________. El
Departamento puede retirar todos los bienes personales que no hayan sido retirados y que
se encuentren a 1.500 pies o menos de este Aviso entre ______________ y
__________________.

Para programar una cita para recuperar los bienes retirados de este lugar, llame al
__________________ en el horario normal de oficina.

Los bienes personales se deben reclamar en un plazo de 30 días a partir de la última fecha
en que el Departamento puede retirar los bienes personales. Se podría aplicar un cargo de
$2 por el costo del retiro y almacenaje de los bienes personales.

OAR 734-035-0010 a 734-035-0040

734-2865 (12/14)
 Appendix A-4
Oregon Department of Transportation Highway Division

Removal of Personal Property from Illegal Camping

In Areas Not Closed to Public Entry
Procedure Checklist

1) [ ] Notice of Personal Property to be Removed (Part I) (Notice posted on ____________)

Post the temporary notice (Form 734-2865) in a conspicuous place near the personal property to be
removed. If the property is under a bridge, along a river, and within the UGB, the notice must be within 30
feet of the personal property to be removed. Document the posting with photos, and continue to Step 2.
2) [ ] Notice of Personal Property to be Removed (Part II) (Number distributed __________)

Distribute up to 10 leaflet-style copies of the Notice in the general vicinity of the personal property to be
removed. Document the number of copies distributed and continue to Step 3.
3) [ ] Begin Waiting Period (Waiting Period is from ____________ thru ____________)

Wait at least 10 days but not more than 19 days after posting the Notice before removing personal
property. After the Waiting Period, continue to Step 4.
~~~WAITING PERIOD~~~~~WAITING PERIOD~~~~~WAITING PERIOD~~~~~~WAITING PERIOD~~~~~~WAITING PERIOD~~~~~~WAITING PERIOD~~~

4) [ ] Begin Personal Property Removal Period (Removal Period is from ____________ thru ____________)

Personal property may be removed by ODOT on any day during the Personal Property Removal Period (at
least 10 days but not more than 19 days after the Notice is posted). The area covered may be up to 1,500
feet from the posted Notice.
On the Day of the Personal Property Removal:
i) [ ] Check to ensure ODOT employees performing the personal property removal are familiar with the
ODOT Employee Removal of Personal Property from Illegal Camping outline.
ii) [Yes][No] Has a contractor or inmate crew been hired to perform the work? If yes, discuss the
Contractor Tailgate Review with the contractor employees or inmates involved in the personal property
removal.
iii) [Yes][No] Has the original Notice been removed from its original posting location? If yes, post an
exact duplicate of the original Notice in the original location, and document the reposting of the Notice.
iv) [ ] Photograph the general condition of the area before removing personal property or starting any
clean-up, including the major personal property items at the location (bicycles, camping equipment,
etc.).
v) [ ] Arrange personal property to be stored on a tarp or other covering so that each item is
distinguishable. Photograph the items. Note that crews are not obligated to open boxes, bags, or
other containers to display or photograph the contents. Clothing, blankets or other bulky items may be
piled on the tarp to be photographed and large items such as tents, bicycles, and furniture may be
photographed in place without placing it on a tarp.
vi) [ ] Bag personal property. Tag each bag and any items that cannot be bagged with the date and
location the items were collected. Make reasonable efforts to keep items together that likely belong to
the same tent or encampment.
vii) [ ] Deliver all bagged and tagged personal property to the designated storage location.
After the Personal Property Removal continue to Step 5.
5) [ ] Begin Storage Period (Last day of Storage Period ____________)

Store personal property for at least 30 days after the last date of the Personal Property Removal Period. If
the last day of the Storage Period falls on a weekend or holiday, extend the last day to at least the next
following business day. After the Storage Period, continue to Step 6.
~~~STORAGE PERIOD~~~~STORAGE PERIOD~~~~STORAGE PERIOD~~~~~STORAGE PERIOD~~~~~STORAGE PERIOD~~~~~STORAGE PERIOD~~~

6) [ ] Personal Property Disposal (Personal Property disposed of on ____________)

After the Storage Period, all unclaimed personal property can be disposed of by either discarding or
recycling. If the unclaimed personal property has apparent value, such as a bicycle, it should be disposed
of following the Department’s procedures for lost and found items (ADM 06-13).

08/05/14
 Appendix A-5

Patrol Journal Entry

Multiple days can be entered on one sheet.
Date & Time Highway No. Activity Notes
Include start and end For Patrol: Describe whether camps are found or not. Note areas posted and create Illegal Camp Cleanup
time for highway Include MP Range Patrol or Journal Entry for each posting. List the Case File No. assigned.
section patrolling or for Patrolled or location of Abandoned For Abandonded Debris: Provide a description of what's removed.
Abandoned Debris Abandoned Debris Debris
removal For each day list personnel working and their classification.

3/2020 ODOT Region 1 Campsite Cleanup

 Appendix A-6

Illegal Camp Cleanup Journal Entry

Complete for each illegal camp location. Multiple days can be recorded on one sheet.
Case File No.: Site Name:
Date Posted: Time Posted:
Last Day of
Posting Area Public Right-of-Way
1st Day of Allowed
(Circle One):
Allowed Cleanup: Cleanup: No Trespassing
Date & Time Activity Notes
mm/dd/yy & List the time you start work at the site and the time you end work at the site for each day worked.
(Post/Clean)
hh:mm am/pm Provide a detailed description of the site condition, personal property at the site, people present, etc.

3/2020 ODOT Region 1 Campsite Cleanup

 Appendix A-7

Oregon Department of Transportation Highway Division

NOTICE
NO TRESPASS AREA
PERSONAL PROPERTY MUST BE REMOVED
__________________________
(date and time posted)

Personal property must be removed from this location prior to ___________________.

The Department of Transportation may remove personal property remaining within 1,500 feet
of this Notice between ___________________ and _____________________.

To arrange an appointment to recover personal property removed from this location, call
______________________ during regular business hours.

Personal property must be claimed within 30 days from the last date the personal property
may be removed by the Department. A charge of $2 may be made for the cost of removal
and storage of the personal property.

OAR 734-035-0010 through 734-035-0040

AVISO
PROHIBIDO ENTRAR EN ESTA ÁREA
LOS BIENES PERSONALES DEBEN SER RETIRADOS
____________________
(fecha y hora de exhibición)

Todos los bienes personales deben ser retirados de este lugar antes del
____________________.

El Departamento de Transporte puede retirar todos los bienes personales que no hayan sido
retirados y que se encuentren a 1.500 pies o menos de este Aviso entre ______________ y
__________________.

Para programar una cita para recuperar los bienes retirados de este lugar, llame al
__________________ en el horario normal de oficina.

Los bienes personales se deben reclamar en un plazo de 30 días a partir de la última fecha
en que el Departamento puede retirar los bienes personales. Se podría aplicar un cargo de
$2 por el costo del retiro y almacenaje de los bienes personales.

OAR 734-035-0010 a 734-035-0040

734-2945 (12/14)
 Appendix A-8
Oregon Department of Transportation Highway Division

Removal of Personal Property from Illegal Camping

In Areas Not Open to Public Entry
Procedure Checklist

1) [ ] Notice of Personal Property to be Removed (Part I) (Notice posted on ____________)

a) Post the temporary notice (Form 734-2945) in a conspicuous place near the personal property to be
removed. If the property is under a bridge, along a river, and within the UGB, the notice must be
within 30 feet of the personal property to be removed. Document the posting with photos, and
continue to Step 2.
2) [ ] Notice of Personal Property to be Removed (Part II) (Number distributed __________)

Distribute up to 10 leaflet-style copies of the Notice in the general vicinity of the personal property to be
removed. Document the number of copies distributed and continue to Step 3.
3) [ ] Begin Waiting Period (Waiting Period is from ____________ thru ____________)
Wait at least 24 hours after posting the Notice before removing personal property. In areas under a
bridge, along a river, and within the UGB, wait at least 5 days. After the Waiting Period, continue to
Step 4.
~~~WAITING PERIOD~~~~~WAITING PERIOD~~~~~WAITING PERIOD~~~~~~WAITING PERIOD~~~~~~WAITING PERIOD~~~~~~WAITING PERIOD~~~

4) [ ] Begin Personal Property Removal Period (Removal Period is from ____________ thru ____________)

Personal property may be removed, by ODOT, on any day after the Wait Period but no more than 7
days after the Notice is posted. The area covered may be up to 1,500 feet from the posted Notice.
On the Day of the Personal Property Removal:
i) [ ] Check to ensure ODOT employees performing the personal property removal are familiar with
the ODOT Employee Removal of Personal Property from Illegal Camping outline.
ii) [Yes][No] Has a contractor or inmate crew been hired to perform the work? If yes, discuss the
Contractor Tailgate Review with the contractor employees or inmates involved in the personal
property removal.
iii) [Yes][No] Has the original Notice been removed from its original posting location? If yes, post an
exact duplicate of the original Notice in the original location, and document the reposting of the
Notice.
iv) [ ] Photograph the general condition of the area before removing the personal property or starting
any clean-up, including the major personal property items at the location (bicycles, camping
equipment, etc.).
v) [ ] Arrange personal property to be stored on a tarp or other covering so that each item is
distinguishable. Photograph the items. Note that crews are not obligated to open boxes, bags, or
other containers to display or photograph the contents. Clothing, blankets or other bulky items may
be piled on the tarp to be photographed and large items such as tents, bicycles, and furniture may
be photographed in place without placing it on a tarp.
vi) [ ] Bag personal property. Tag each bag and any items that cannot be bagged with the date and
location the items were collected. Make reasonable efforts to keep items together that likely belong
to the same tent or encampment.
vii) [ ] Deliver all bagged and tagged personal property to the designated storage location.
After the Personal Property Removal continue to Step 5.
5) [ ] Begin Storage Period (Last day of Storage Period ____________)

Store personal property for at least 30 days after the last date of the Personal Property Removal Period.
If the last day of the Storage Period falls on a weekend or holiday, extend the last day to at least the
next following business day. After the Storage Period, continue to Step 6.
~~~STORAGE PERIOD~~~~STORAGE PERIOD~~~~STORAGE PERIOD~~~~~STORAGE PERIOD~~~~~STORAGE PERIOD~~~~~STORAGE PERIOD~~~

6) [ ] Personal Property Disposal (Personal Property disposed of on ____________)

After the Storage Period, all unclaimed personal property can be disposed of by either discarding or
recycling. If the unclaimed personal property has apparent value, such as a bicycle, it should be
disposed of following the Department’s procedures for lost and found items (ADM 06-13).
08/05/14
 Appendix A-9

Oregon Department of Transportation Highway Division

NOTICE
PERSONAL PROPERTY RECOVERED

Personal property was removed by the Department of Transportation

from this location on _______________.
(date)

To arrange an appointment to claim property recovered from this

location, call _______________ during regular business hours.

Personal property must be claimed within 30 days from the date the
property was removed. A charge of $2 may be made for the cost of
removal and storage of the personal property.

AVISO
BIENES PERSONALES RECUPERADOS

El Departamento de Transporte retiró bienes personales de este lugar

el __________________.
(fecha)

Para programar una cita para reclamar los bienes recuperados de

este lugar, llame al __________________ en el horario normal de
oficina.

Los bienes personales se deben reclamar en un plazo de 30 días a

partir de fecha en que fueron retirados. Se podría aplicar un cargo de
$2 por el costo del retiro y almacenaje de los bienes personales.

734-2915 (12/14)
 Appendix A-10

ODOT Region 1 Illegal Camp Site Cleanup Report

Complete separate report each day cleanup work performed on a site.
Case File No.: Site Name:
Date Posted: Time Posted:
Date of Cleanup: Posting Area Public Right-of-Way Latitude:
(Circle One):
Site Map: See Attached No Trespassing Longitute:
Items Collected and Tagged
☐ Clothing ☐ Televisions ☐ Personal Items ☐ Wagon
☐ Tents ☐ Computers ☐ Legal Documents ☐ Cart
☐ Tarp ☐ Cell Phones ☐ Medications ☐
☐ Camping Equipment ☐ Radios ☐ Photos ☐
☐ Cooking Items ☐CD’s/DVD’s ☐ Books ☐
☐ Hand Tools ☐ Tablets ☐ Magazines ☐
☐ Utensils ☐ ☐ ☐
☐ Sleeping Bags ☐ ☐ ☐
☐ Blankets ☐ ☐ ☐
☐ Shoes ☐ ☐ ☐ No Personal Property
Additional Remarks

Employees that Performed Cleanup: Names and Classification

Signature of Employee Completing Report: Date:

3/2020 ODOT Region 1 Campsite Cleanup

 Appendix A-11

Illegal Camp Cleanup Invoice Format

Hwy Number(X)/Hwy EA
Case #1/Site Name
Date Post Lead Worker Qty: 1 Rate * Hours $XXXX
Asst. Lead Worker Qty: 1 Rate * Hours $XXXX

Date Clean Lead Worker Qty: 1 Rate * Hours $XXXX

Asst. Lead Worker Qty: 5 Rate * Hours $XXXX

Case #2/Site Name

Date Clean Lead Worker Qty: 1 Rate * Hours $XXXX
Asst. Lead Worker Qty: 2 Rate * Hours $XXXX

Case #1/Site Name & Case #2/Site Name

Date Dump Fee $XXXX
Date Hazmat $XXXX
Highway EA Subtotal $XXXX
Hwy Number(Y)/Hwy EA
Hwy MP X to MP Y
Date Patrol Lead Worker Qty: 0 Rate * Hours $XXXX
Asst. Lead Worker Qty: 2 Rate * Hours $XXXX

Site Name/MP
Date Abandoned Debris Lead Worker Qty: 0 Rate * Hours $XXXX
Asst. Lead Worker Qty: 2 Rate * Hours $XXXX
Highway EA Subtotal $XXXX

Invoice Total $XXXX

3/2020 ODOT Region 1 Campsite Cleanup

 Appendix A-12
Property Storage Record
Last Day of Quantity
Drop Off Date Initials Storage Period Case Number Site Name of Tags Connex ID Rack ID Disposal Date Initials
(MM/DD/YY) (MM/DD/YY) No. (1, 2, 3, 8) (MM/DD/YY)

3/2020 ODOT Region 1 Campsite Cleanup