Article VIII
Section 1
ATTY. GEN. OPINIONS: Legislative authority to repeal statutes providing for election of state superintendent, (1997) Vol 48, p 331
LAW REVIEW CITATIONS: 28 WLR 333 (1992); 40 WLR 225 (2004)
Art. VIII, Section 2
NOTES OF DECISIONS
Oregon’s submerged and submersible lands were not “granted” to Oregon by the federal government, but were vested in the state as result of equal footing doctrine, therefore, proceeds of leased submerged and submersible lands were not dedicated to the Common School Fund by the Constitution and are taxable under ORS 307.110. Johnson v. Dept. of Revenue, 9 OTR 11 (1981), aff’d 292 Or 373, 693 P2d 128 (1982)
Assessments computed on energy-resources-sold basis under [former] ORS 469.420 are tax measured by sale of natural gas and oil, and tax is subject to this section and section 3b, Article IX, and therefore dedicated to Common School Fund and not available to Department of Energy. Northwest Natural Gas Co. v. Frank, 293 Or 374, 648 P2d 1284 (1982)
ATTY. GEN. OPINIONS: The value and limit of the state’s water-oriented land resources to the Common School Fund and the public, (1972) Vol 36, p 150; constitutionality of exclusive bidding on timber sales on Common School Forest Lands, (1975) Vol 37, p 569; constitutionality of use of Common School Grant Land for Natural Area Preserves, (1977) Vol 38, p 850; constitutionality of proposed amendment to dedicate certain oil and natural gas tax revenues to Common School Fund, (1980) Vol 41, p 204; application of section to oil or natural gas produced outside of Oregon, (1981) Vol 41, p 552; consideration of benefit to Oregon economy in investing Common School Fund moneys, (1983) Vol 43, p 140; constitutionally dedicated sources of common school fund and consequences of statutorily designating dedicated funds to fund other than Common School Fund, (1985) Vol. 44, p 360; acquisition of assets for Common School Fund and source of payment for acquisition of assets by Division of State Lands (1989) Vol 46, p 267; effect of amendments to allow Common School Fund moneys to be invested in stock and to allow State Land Board to spend investment income on “operating expenses,” (1989) Vol 46, p 306; payment of state forest land management expenses from moneys constitutionally dedicated to Common School Fund, (2003) No. 8279
LAW REVIEW CITATIONS: 67 OLR 121 (1988); 69 OLR 169 (1990); 40 WLR 225 (2004)
Art. VIII, Section 3
NOTES OF DECISIONS
The requirement in this section that the legislature provide a “uniform and general system of common schools” requires that the state provide a minimum level of educational opportunities and not absolutely equal educational opportunity. Olsen v. State ex rel Johnson, 276 Or 9, 554 P2d 139 (1976); Withers v. State of Oregon, 133 Or App 377, 891 P2d 675 (1995), Sup Ct review denied
“Uniform and general system of common schools” means free public schools that provide minimum of basic education. Pendleton School District v. State of Oregon, 345 Or 596, 200 P3d 133 (2009)
ATTY. GEN. OPINIONS: Financial duty of legislature to school districts which do not obtain voter approval of tax levy and thus cannot meet minimum education requirements, (1977) Vol 38, p 988; responsibility of school districts for cost of audits conducted by Secretary of State, (1995) Vol 47, p 224
LAW REVIEW CITATIONS: 51 OLR 739 (1972); 40 WLR 225 (2004); 42 WLR 489 (2006); 52 WLR 353 (2016)
Art. VIII, Section 4
LAW REVIEW CITATIONS: 69 OLR 322 (1990); 40 WLR 225 (2004)
Art. VIII, Section 5
NOTES OF DECISIONS
Requirement of this section, that lands under jurisdiction of State Land Board be managed with object of obtaining greatest benefit for people of Oregon does not preclude legislative decision, expressed in ORS 307.110, to subject state-owned land leased to private individuals to ad valorem property tax. Johnson v. Dept. of Revenue, 292 Or 373, 639 P2d 128 (1982)
Legislature may enact legislation to direct how State Land Board will exercise powers and duties prescribed by constitution. Cascadia Wildlands v. Department of State Lands, 293 Or App 127, 427 P3d 1091 (2018), aff’d 365 Or 750, 452 P3d 938 (2019)
ATTY. GEN. OPINIONS: State Land Board duties in reviewing proposal by ports to fill land, (1971) Vol 35, p 844; the value and limit of the state’s water-oriented land resources to the Common School Fund and the public, (1972) Vol 36, p 150; state’s authority to prevent or control removal by dredging of a privately owned island in a navigable river, (1972) Vol 36, p 285; Land Board authority to delegate duties to Port of Portland, (1979) Vol 40, p 111; lease of property (Tongue Point) consisting of submerged and submersible lands and upland as requiring competitive bid, (1981) Vol 41, p 332; charge by Division of State Lands to private company not regulated by PUC for easement on state’s submerged lands for cable crossing on Willamette River to provide cable television to residents of Clackamas County, (1981) Vol 41, p 486; authority of State Land Board to manage Common School forest lands, (1982) Vol. 42, p 260; circumstances under which State Land Board may approve dredging of lands acquired as asset of Common School Fund under [former] ORS 274.085 and expend moneys from sources listed in Article VIII, section 2 (1) of Oregon Constitution, (1989) Vol 46, p 208; management of Oregon Admission Act lands, (1992) Vol 46, p 468
LAW REVIEW CITATIONS: 2 EL 91 (1971); 4 EL 342, 354 (1974); 22 EL 797 (1992); 40 WLR 225 (2004)
Art. VIII, Section 8
NOTES OF DECISIONS
Instruction that Legislative Assembly provide education funding adequate to meet quality standards imposed by law is mandatory. Pendleton School District v. State of Oregon, 345 Or 596, 200 P3d 133 (2009)
Court may issue declaratory ruling regarding adequacy of education funding, but may not issue injunctive relief to require additional funding. Pendleton School District v. State of Oregon, 345 Or 596, 200 P3d 133 (2009)
LAW REVIEW CITATIONS: 42 WLR 489 (2006)