Submersible and Submerged Lands

ORS 274.406
Declaration of state’s claim

  • effect


(1)

Upon the adoption of a report by the State Land Board under ORS 274.404 (Administrative determination of navigable waterway) (2)(e), the board shall declare the nature and extent of the state’s claim to any interest that remains or is vested in the State of Oregon with respect to any land or waterway described in the report.

(2)

Except as it may be modified upon review pursuant to ORS 274.412 (Judicial review of declaration of state’s claim), a declaration made by the board pursuant to subsection (1) of this section shall be binding upon the State of Oregon with respect to the interest, if any, of the State of Oregon in any land or waterway described in the declaration.

(3)

Nothing contained in this section is intended to affect the ability of a court of competent jurisdiction to make a determination with respect to a private claim to or interest in real property. [1995 c.471 §5]
§§ 274.400 to 274.412

Law Review Citations

35 WLR 183 (1999); 38 WLR 93 (2002)

Chapter 274

Atty. Gen. Opinions

Power of Department of Environmental Quality to regulate mining activities and recovery of oil and geothermal activities, (1972) Vol 35, p 1100; Division of State Lands' authority to require lease or fill or removal permit for private company dredging submerged offshore lands to harvest clams, (1979) Vol 40, p 35; State Land Board's authority to delegate duties to Port of Portland, (1979) Vol 40, p 111

Law Review Citations

4 EL 343, 346, 348 (1974)


Source

Last accessed
Jun. 26, 2021