Scenic Waterways

ORS 390.885
Exchange of property within scenic waterway for property outside waterway

In acquiring related adjacent land by exchange, the State Parks and Recreation Department may accept title to any property within a scenic waterway and, in exchange therefor, may convey to the grantor of the property any property under the department’s jurisdiction that the department is not otherwise restricted from exchanging. Insofar as practicable, the properties so exchanged shall be of approximately equal fair market value. If they are not of approximately equal fair market value, the department may accept cash or property from, or pay cash or grant property to, the grantor in order to equalize the values of the properties exchanged. [1971 c.1 §9; 2015 c.27 §39]
§§ 390.805 to 390.925

Notes of Decisions

An easement is not involved in the state's right under these sections to regulate use of related adjacent land, but an easement is an additional right which the state may acquire by purchase or gift. Scott v. State Hwy. Comm., 23 Or App 99, 541 P2d 516 (1975)

Time factors involved are not designed to freeze land values to subsidize later acquisition by the state, nor do they impose unreasonable restraints upon landowners. Scott v. State Hwy. Comm., 23 Or App 99, 541 P2d 516 (1975)

The regulatory provisions are separate from the provisions giving the state the right to acquire land or interests in related adjacent land, and the state does not gain an interest in land by the adoption of the Act. Scott v. State Hwy. Comm., 23 Or App 99, 541 P2d 516 (1975)

The state's power to regulate is analogous to zoning restrictions and therefore the state does not acquire an interest for which compensation must be paid. Scott v. State Hwy. Comm., 23 Or App 99, 541 P2d 516 (1975)

Where water would otherwise flow through scenic waterway, provisions of Scenic Waterways Act requiring showing that proposed diversion was necessary to beneficial use applied to proposed diversion in city's application for permit to operate hydroelectric facility. Diack v. City of Portland, 306 Or 287, 759 P2d 1070 (1988)

Atty. Gen. Opinions

Prohibition of landfills on scenic waterways, (1971) Vol 35, p 844; authority to designate segment of Snake River as a scenic waterway, (1972) Vol 35, p 1226; definition and regulation of "placer mining," (1982) Vol. 42, p 213

Law Review Citations

4 EL 299-303, 373-376 (1974); 19 EL 841 (1989); 21 EL 133 (1991); 29 WLR 95 (1993)


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Jun. 26, 2021