Columbia River Gorge

ORS 196.875
Double and treble damages for destruction of public right of navigation, fishery or recreation

  • costs and attorney fees


(1)

If any person, through negligence, violates ORS 196.810 (Permit required to remove material from bed or banks of waters), the Director of the Department of State Lands, in a proceeding brought pursuant to ORS 196.870 (Abatement proceedings), may seek and the court may award double a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from such violation.

(2)

If any person intentionally violates ORS 196.810 (Permit required to remove material from bed or banks of waters), the director, in a proceeding brought pursuant to ORS 196.870 (Abatement proceedings), may seek and the court may award treble a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from such violation.

(3)

An award made pursuant to this section shall be in addition to and not in lieu of any criminal penalties imposed for a violation of ORS 196.810 (Permit required to remove material from bed or banks of waters).

(4)

In any action brought under ORS 196.870 (Abatement proceedings), the court shall award to the prevailing party the costs of suit and reasonable attorney fees at trial and on appeal. Subject to the provisions of ORS 20.140 (State and certain public corporations not required to advance costs), any costs and attorney fees so awarded to the director shall be deposited in the Common School Fund to offset the director’s expenses of bringing such action. [Formerly 541.662 and then 196.740; 2007 c.849 §18]
Note: 196.875 (Double and treble damages for destruction of public right of navigation, fishery or recreation) [formerly 541.662 and 196.740] was enacted by two identical provisions, section 10 of chapter 330 and section 13 of chapter 674, Oregon Laws 1973. Both are compiled as a single section.
§§ 196.800 to 196.905

(formerly 541.605 to 541.695)

Notes of Decisions

These sections, regulating landfills, are codification of common law public trust doctrine that public use of lands underlying navigable waters may not be substantially modified except for water-related purposes. Morse v. Division of State Lands, 34 Or App 853, 581 P2d 520 (1978), aff'd 285 Or 197, 590 P2d 79 (1979)

Atty. Gen. Opinions

Right of private owner and ports to fill tidelands as subject to public rights, (1971) Vol 35, p 844; state's authority to prevent or control removal by dredging of a privately owned island in a navigable river, (1972) Vol 36, p 285; authority of the legislature to extinguish public rights in navigable waters and to charge a fee therefor, (1973) Vol 36, p 348; authority to issue permit for removal of ocean shore natural products from state recreation areas, (1974) Vol 36, p 807; authority to pay for Removal and Fill Permit Program administration out of Common School Fund, (1980) Vol 40, p 190

Law Review Citations

4 EL 351-355 (1974); 10 EL 675 (1980); 61 OLR 523 (1982); 19 EL 637 (1989); 21 EL 152 (1991)


Source

Last accessed
Jun. 26, 2021