Chapter 274

 

ATTY. GEN. OPINIONS: Power of Department of Environmental Quality to regulate mining activities and recovery of oil and geothermal activities, (1972) Vol 35, p 1100; Division of State Lands’ authority to require lease or fill or removal permit for private company dredging submerged offshore lands to harvest clams, (1979) Vol 40, p 35; State Land Board’s authority to delegate duties to Port of Portland, (1979) Vol 40, p 111

 

LAW REVIEW CITATIONS: 4 EL 343, 346, 348 (1974)

 

      274.005

 

ATTY. GEN. OPINIONS: Definition of submerged and submersible land, (1971) Vol 35, p 844; the nature of riparian rights as to the placement and maintenance of structures on state-owned submerged and submersible lands, (1972) Vol 36, p 150; “preference rights” of upland owner, (1974) Vol 37, p 1

 

LAW REVIEW CITATIONS: 2 EL 91 (1971)

 

      274.025

 

NOTES OF DECISIONS

 

      Disputed ownership of riverbed lands was governed solely by Oregon law and not by federal common law because application of federal common law was required neither by equal footing doctrine nor by principle of federal law and similar result is obtained in case of riparian lands which did not pass under equal footing doctrine. Or. Ex Rel. State Land Bd. v. Corvallis Sand & G., 97 S Ct 582, 429 US 363, 50 L Ed 2d 550 (1977)

 

      On remand from the United States Supreme Court, state was entitled to possession of disputed portions of bed of Willamette River except part where navigable portion of river began to flow as result of avulsive change of course occurring after admission to union. Land Bd. v. Corvallis Sand & Gravel, 283 Or 147, 582 P2d 1352 (1978)

 

      Oregon’s submerged and submersible lands were not “granted” to Oregon by the federal government but Oregon’s ownership was a result of the equal footing doctrine, therefore, the proceeds of leased submerged and submersible lands are not dedicated to the Common School Fund under Article VIII, section 2, Oregon Constitution and are leased submerged and submersible lands subject to taxation. Johnson v. Dept. of Revenue, 9 OTR 11 (1981), aff’d 292 Or 373, 639 P2d 128 (1982)

 

LAW REVIEW CITATIONS: 2 EL 90 (1971); 4 EL 342 (1974)

 

      274.031

(formerly 274.034)

 

      See annotations under ORS 274.400.

 

      274.040

 

ATTY. GEN. OPINIONS: Lease to fill tidelands, State Land Board duties in reviewing proposal by ports to fill land, (1971) Vol 35, p 844; sale or lease of state-owned submersible lands, and new lands created thereon, (1972) Vol 36, p 150

 

LAW REVIEW CITATIONS: 2 EL 92 (1971); 4 EL 345, 346 (1974)

 

      274.060

 

ATTY. GEN. OPINIONS: Fills by private owner or port authorized by State Land Board as subject to public rights, (1971) Vol 35, p 844

 

LAW REVIEW CITATIONS: 2 EL 92 (1971)

 

      274.085

 

ATTY. GEN. OPINIONS: Circumstances under which State Land Board may approve dredging of lands acquired as asset of Common School Fund under ORS 274.085 and expend moneys from sources listed in Article VIII, section 2 (1) of Oregon Constitution, (1989) Vol 46, p 208

 

      274.260

 

LAW REVIEW CITATIONS: 2 EL 92 (1971)

 

      274.400 to 274.412

 

LAW REVIEW CITATIONS: 35 WLR 183 (1999); 38 WLR 93 (2002)

 

      274.400

 

ATTY. GEN. OPINIONS

 

Under former similar statute

 

      Power to move head of navigability upstream, (1976) Vol 38, p 1; effect of a determination of navigability, (1976) Vol 38, p 451; constitutionality of funding for costs of determination of navigability, (1976) Vol 38, p 451; claim for refund of stream bed portion of property taxes following Division of State Lands stream navigability determination, (1982) Vol 42, p 304

 

      274.408

 

NOTES OF DECISIONS

 

      Where state issued public notice of declaration of ownership of Rogue River, but description of river was not specific enough to permit ordinary person who might be affected by declaration to ascertain boundaries of state’s claim in relation to existing properties, state’s claim was insufficient and must be rejected. Hardy v. Land Board, 274 Or App 262, 360 P3d 647 (2015), Sup Ct review denied

 

      274.430

 

LAW REVIEW CITATIONS: 4 EL 325, 336 (1974)

 

      274.440

 

ATTY. GEN. OPINIONS: Accretions or relictions to lands of riparian owner on navigable meandered lake, (1979) Vol 39, p 517

 

      274.525 to 274.590

 

ATTY. GEN. OPINIONS: “Preference rights” of upland owner, (1974) Vol 37, p 1

 

      274.530

 

ATTY. GEN. OPINIONS: The nature of the state’s dominion and control over tidelands and tidal submerged lands, (1972) Vol 36, p 150; limiting number of leases, (1974) Vol 37, p 1

 

      274.710

 

ATTY. GEN. OPINIONS: The nature of the state’s dominion and control over tidelands and tidal submerged lands, (1972) Vol 36, p 150

 

LAW REVIEW CITATIONS: 2 EL 91 (1971); 4 EL 342 (1974)

 

      274.780 to 274.895

 

LAW REVIEW CITATIONS: 4 EL 340 (1974)

 

      274.820

 

LAW REVIEW CITATIONS: 51 OLR 436 (1972)

 

      274.855

 

LAW REVIEW CITATIONS: 51 OLR 449 (1972)

 

      274.885

 

ATTY. GEN. OPINIONS: The nature of the state’s dominion and control over tidelands and tidal submerged lands, (1972) Vol 36, p 150

 

      274.905 to 274.940

 

ATTY. GEN. OPINIONS: Fills by private owner or port authorized by State Land Board as subject to public rights, (1971) Vol 35, p 844; state’s authority to prevent or control removal by dredging of a privately owned island in a navigable river, (1972) Vol 36, p 285

 

      274.915

 

NOTES OF DECISIONS

 

      Under this section, State Land Board may exact rental payments from persons maintaining permanent structures on or over state owned submerged or submersible lands. Brusco Towboat v. State Land Board, 284 Or 627, 589 P2d 712 (1978)

 

ATTY. GEN. OPINIONS: Lease to fill tidelands, State Land Board duties in reviewing proposal by ports to fill land, (1971) Vol 35, p 844; the nature of riparian rights as to the placement and maintenance of structures on state-owned submerged and submersible lands; sale or lease of state-owned submersible lands, and new lands created thereon, (1972) Vol 36, p 150

 

      274.929

 

      See annotations under ORS 274.930 in permanent edition.

 

      274.960 to 274.985

 

NOTE: Subject sections all subsequently repealed

 

LAW REVIEW CITATIONS: 4 EL 326 (1974)