Scenic Waterways

ORS 390.334
Acquisition of scenic easements in lands subject to development plan

  • farmlands not to be acquired by condemnation
  • nature of easement
  • acquisition of other interests

(1)

Except as otherwise provided in subsection (2) of this section, after the date of the approval of the plan for the Willamette River Greenway or any segment thereof under ORS 390.322 (Submission of plan to Land Conservation and Development Commission), the State Parks and Recreation Department may acquire scenic easements in any lands described in such plan or segment pursuant to ORS 390.318 (Preparation of development and management plan) (2)(d). Each such easement may be acquired by any means, including but not limited to the exercise of the power of eminent domain.

(2)

The department shall not acquire, through the exercise of the power of eminent domain, scenic easements in any lands situated within the boundaries of the Willamette River Greenway that are devoted to farm use on October 5, 1973, while such lands remain devoted to farm use. Upon a change in the use of any such lands from farm use, the department may acquire scenic easements in such lands as provided in subsection (1) of this section. Nothing in this subsection is intended to limit the power of the department to acquire, by any means other than the exercise of the power of eminent domain, a scenic easement on lands described in this subsection while such lands are devoted to such farm use. For the purpose of this subsection, “farm use” has the meaning given that term in ORS 215.203 (Zoning ordinances establishing exclusive farm use zones) (2).

(3)

Each scenic easement acquired under subsection (1) of this section shall:

(a)

Specify the use of the land existing on the date of the acquisition of the easement and permit the continuation of such use while the land is subject to such easement.

(b)

With respect to scenic easements acquired through the exercise of the power of eminent domain, not provide for any rights of public access to or use of such lands under such easements.

(c)

Provide that any subsequent farm use, as defined in ORS 215.203 (Zoning ordinances establishing exclusive farm use zones) (2), of the land subject to such easement is compatible with the purposes of the Willamette River Greenway and that any restrictions on the use of the land under such easement are suspended while such land is devoted to such farm use.

(d)

Prevent the change in use of the lands subject to such easements except with the consent of the department and in accordance with the conditions imposed with such consent. The consent of the department and the conditions imposed therewith shall be in accordance with the intent and purposes of the Willamette River Greenway.

(4)

In addition to a scenic easement acquired by the department under this section, the department may acquire, by any means other than the exercise of the power of eminent domain, a public easement providing for public access and use of such lands.

(5)

At any time after the approval of the plan for the Willamette River Greenway or any segment thereof under ORS 390.322 (Submission of plan to Land Conservation and Development Commission), the department may acquire, by any means other than the exercise of the power of eminent domain, lands or interests therein that are situated outside the boundaries of the Willamette River Greenway or the segment thereof as approved. Each such acquisition shall be designed to preserve the natural or scenic character of such lands in conjunction with the lands within the boundaries of the Willamette River Greenway. [1973 c.558 §6]

Atty. Gen. Opinions

Scenic easements under Willamette River Greenway law, (1974) Vol 36, p 1060; authority of state over use of land along Willamette River under Greenway law, (1975) Vol 37, p 515

§§ 390.310 to 390.368

Atty. Gen. Opinions

Scenic easements under Willamette River Greenway law, (1974) Vol 36, p 1060; binding effect on governmental agencies of the adoption of interim Willamette River Greenway boundaries, (1975) Vol 37, p 894; no accompanying public right to use or trespass, (1976) Vol 38, p 91; whether "ordinary low water" means as affected by United States Corps of Engineer dams, (1977) Vol 38, p 1295; inclusion of Coast Fork of Willamette River under Willamette River Greenway restrictions, (1979) Vol 39, p 577

Source

Last accessed
Jun. 26, 2021

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