Jurisdiction over submersible and submerged lands generally
Source:
Section 274.025 — Jurisdiction over submersible and submerged lands generally, https://www.oregonlegislature.gov/bills_laws/ors/ors274.html.
Notes of Decisions
Disputed ownership of riverbed lands was governed solely by Oregon law and not by federal common law because application of federal common law was required neither by equal footing doctrine nor by principle of federal law and similar result is obtained in case of riparian lands which did not pass under equal footing doctrine. Or. Ex Rel. State Land Bd. v. Corvallis Sand & G., 97 S Ct 582, 429 US 363, 50 L Ed 2d 550 (1977)
On remand from the United States Supreme Court, state was entitled to possession of disputed portions of bed of Willamette River except part where navigable portion of river began to flow as result of avulsive change of course occurring after admission to union. Land Bd. v. Corvallis Sand & Gravel, 283 Or 147, 582 P2d 1352 (1978)
Oregon’s submerged and submersible lands were not “granted” to Oregon by the federal government but Oregon’s ownership was a result of the equal footing doctrine, therefore, the proceeds of leased submerged and submersible lands are not dedicated to the Common School Fund under Article VIII, section 2, Oregon Constitution and are leased submerged and submersible lands subject to taxation. Johnson v. Dept. of Revenue, 9 OTR 11 (1981), aff’d 292 Or 373, 639 P2d 128 (1982)
Law Review Citations
2 EL 90 (1971); 4 EL 342 (1974)
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