Scenic Waterways

ORS 390.610
Policy


(1)

The Legislative Assembly hereby declares it is the public policy of the State of Oregon to forever preserve and maintain the sovereignty of the state heretofore legally existing over the ocean shore of the state from the Columbia River on the north to the Oregon-California line on the south so that the public may have the free and uninterrupted use thereof.

(2)

The Legislative Assembly recognizes that over the years the public has made frequent and uninterrupted use of the ocean shore and recognizes, further, that where such use has been legally sufficient to create rights or easements in the public through dedication, prescription, grant or otherwise, that it is in the public interest to protect and preserve such public rights or easements as a permanent part of Oregon’s recreational resources.

(3)

Accordingly, the Legislative Assembly hereby declares that all public rights or easements legally acquired in those lands described in subsection (2) of this section are confirmed and declared vested exclusively in the State of Oregon and shall be held and administered as state recreation areas.

(4)

The Legislative Assembly further declares that it is in the public interest to do whatever is necessary to preserve and protect scenic and recreational use of Oregon’s ocean shore. [1967 c.601 §§1,2(1),(2),(3); 1969 c.601 §4]

Notes of Decisions

The Oregon statutes, confirming public rights or easements along the ocean shore to be held and administered as state recreation areas, is constitutional. Hay v. Bruno, 344 F Supp 286 (1972)

Atty. Gen. Opinions

Authority to issue permit for removal of ocean shore natural products from state recreation areas, (1974) Vol 36, p 807; role of Highway Division in removal of driftwood logs from ocean shores, (1975) Vol 37, p 420

Law Review Citations

4 EL 385, 409 (1974); 22 EL 731 (1992); 77 OLR 913 (1998)

§§ 390.610 to 390.770

Atty. Gen. Opinions

Effect of constitutional provision requiring payments based on government regulations restricting use of property, (2001) Vol 49, p 284

Law Review Citations

20 EL 1001 (1990); 35 WLR 183 (1999)


Source

Last accessed
Jun. 26, 2021