Scenic Waterways

ORS 390.715
Permits for pipe, cable or conduit across ocean shore, state recreation areas and submerged lands


(1)

The State Parks and Recreation Department may issue permits under ORS 390.650 (Improvement permit procedure) to 390.659 (Hearing before director regarding department action on improvement permit) for pipelines, cable lines and other conduits across and under the ocean shore, state recreation areas and the submerged lands adjacent to the ocean shore, upon payment of just compensation by the permittee. A permit issued under this subsection is not a sale or lease of tide and overflow lands within the scope of ORS 274.040 (Sale or lease of submersible lands).

(2)

Whenever the issuance of a permit under subsection (1) of this section will affect lands owned privately, the State Parks and Recreation Department shall withhold the issuance of the permit until the permittee obtains from the private owner an easement, license or other written authorization that meets the approval of the State Parks and Recreation Department, except as to the compensation to be paid to the private owner.

(3)

All permits issued under this section are subject to conditions that will ensure safety of the public and the preservation of economic, scenic and recreational values and to rules promulgated by state agencies having jurisdiction over the activities of the grantee or permittee. [1969 c.601 §22; 2005 c.300 §1; 2007 c.71 §101]

Atty. Gen. Opinions

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

§§ 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