ORS 390.332
Acquisition of scenic easements near Willamette River

  • nature of easement
  • restriction on use of condemnation

(1)

Except as otherwise provided in subsection (4) of this section, the State Parks and Recreation Department may acquire scenic easements on any lands situated within 150 feet from the ordinary low water line on each side of each channel of the Willamette River and on any lands situated within 150 feet from the ordinary low water line of each island within the Willamette River. The department may acquire such easements by any method, including but not limited to the exercise of the power of eminent domain.

(2)

Each scenic easement acquired under subsection (1) of this section shall:

(a)

Be designed to preserve the vegetation along the Willamette River and the natural and scenic qualities of the lands subject to such easements and authorize the department, at its own expense, to engage in natural vegetative landscaping on such lands to enhance the natural and scenic qualities of such lands.

(b)

Require the owner of the lands subject to such easement to carry on the use of such lands in a manner to preserve the existing vegetation and natural and scenic qualities of such lands and require the repair by the department, at its own expense, of any damage resulting from natural causes to vegetation on such lands.

(c)

Not provide for public access or use of the lands subject to such easement, if such easement was acquired by the department through the exercise of the power of eminent domain.

(d)

Provide that any subsequent farm use, as defined in ORS 215.203 (Zoning ordinances establishing exclusive farm use zones) (2), of the land subject to such easement is compatible with the purposes of the Willamette River Greenway and that any restrictions on the use of the land under such easement are suspended while such land is devoted to such farm use.

(e)

Prevent the change in use of the lands subject to such easements except with the consent of the department and in accordance with the conditions imposed with such consent. The consent of the department and the conditions imposed therewith shall be in accordance with the intent and purposes of the Willamette River Greenway.

(3)

Each scenic easement acquired under this section on lands that, on the date of the acquisition of such easement, were a part of a larger tract of land not subject to a scenic easement under ORS 390.310 (Definitions for ORS 390.310 to 390.368) to 390.368 (Authority to contract landscaping and repair of damage to lands subject to scenic easement), shall provide for the right of the department to acquire fee title to the lands subject to such easement upon a change in the use of the lands in the remainder of such tract that is inconsistent with such scenic easement under ORS 390.310 (Definitions for ORS 390.310 to 390.368) to 390.368 (Authority to contract landscaping and repair of damage to lands subject to scenic easement).

(4)

The department may not acquire, through the exercise of the power of eminent domain, scenic easements under subsection (1) of this section on any lands that on October 5, 1973, were devoted to farm use, as defined in ORS 215.203 (Zoning ordinances establishing exclusive farm use zones) (2) or were a portion of a larger tract of land under single ownership that is devoted to such use. Upon a change in the use of any such lands from farm use, the department may acquire scenic easements in such lands as provided in ORS 390.334 (Acquisition of scenic easements in lands subject to development plan). Nothing in this subsection is intended to limit the power of the department to acquire, by any means other than the exercise of the power of eminent domain, a scenic easement on lands described in this subsection while such lands are devoted to such farm use. [1973 c.558 §5; 2003 c.14 §168]

Source: Section 390.332 — Acquisition of scenic easements near Willamette River; nature of easement; restriction on use of condemnation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors390.­html.

Attorney General Opinions

Scenic easements under Willamette River Greenway law, (1974) Vol 36, p 1060; authority of state over use of land along Willamette River under Greenway law, (1975) Vol 37, p 515; private property within the Willamette River Greenway, (1976) Vol 38, p 123

390.005
Definitions 390.010
Policy of state toward outdoor recreation resources 390.050
Park and recreation violations 390.060
Definitions for ORS 390.060 to 390.067 390.063
Lottery bonds for state park projects 390.065
Findings 390.067
Request for issuance of state park lottery bonds 390.111
Creation of department 390.112
Additional criteria for acquiring and developing new historic sites, parks and recreation areas 390.114
State Parks and Recreation Commission 390.117
Commission officers 390.121
Powers of commission 390.122
Requirements for establishing priorities for acquisition 390.124
Commission rulemaking authority 390.127
State Parks and Recreation Director 390.131
Duties of director 390.134
State Parks and Recreation Department Fund 390.135
Parks Subaccount 390.137
State Parks and Recreation Department Operating Fund 390.139
Oregon Adopt-a-Park Program 390.140
Powers and duties of State Parks and Recreation Director 390.141
Agreements between State Parks and Recreation Department and private organizations 390.142
Rules 390.143
Agreements to provide interpretive services to recreational facilities 390.144
Rules for ORS 390.143 390.150
Gifts and grants for State Parks and Recreation Department 390.153
Parks Donation Trust Fund 390.155
Authority for State Parks and Recreation Department to accept gifts or donations 390.180
Standards for recreational planning and fund disbursement 390.182
Statewide accessibility design standards for recreation projects 390.190
Revolving fund 390.195
Use of state correctional institution adult in custody labor for maintenance and improvement at state parks 390.200
Authority of department to require fingerprints 390.230
Fort Stevens Military Reservation 390.231
Development of Crissey Field as state park 390.232
Tax on government camping and recreational vehicle spaces 390.235
Permits and conditions for excavation or removal of archaeological or historical material 390.237
Removal without permit 390.240
Mediation and arbitration of disputes 390.241
Office of Outdoor Recreation 390.242
Associate Director of Outdoor Recreation 390.243
Outdoor Recreation Advisory Committee 390.245
Commemorative coins authorized 390.247
Design 390.250
Development of recreational use of lands by Jackson County 390.255
Use of funds to acquire land interests 390.260
Application to Willamette River Greenway 390.262
Oregon Main Street Revitalization Grant Program 390.264
Oregon Main Street Revitalization Grant Program Fund 390.270
Definitions for ORS 390.270 to 390.290 390.275
Purpose of ORS 390.270 to 390.290 390.280
Duties of State Parks and Recreation Department 390.285
Application by local governing body for reimbursement 390.290
Schedule for reimbursement of local governing bodies 390.292
Willamette Falls Park Fund 390.295
Jurisdiction of State Forestry Department and State Parks and Recreation Department 390.300
Tillamook Forest Recreation Trust Account 390.303
Reconnect Forest Park Fund 390.305
Salmonberry Trail 390.307
Salmonberry Trail Trust Fund 390.308
Oregon Coast Trail 390.310
Definitions for ORS 390.310 to 390.368 390.314
Legislative findings and policy 390.318
Preparation of development and management plan 390.322
Submission of plan to Land Conservation and Development Commission 390.330
Grants for acquisition of lands by local government units 390.332
Acquisition of scenic easements near Willamette River 390.334
Acquisition of scenic easements in lands subject to development plan 390.338
Limitations on use of condemnation power 390.340
Department rules 390.350
Intergovernmental agreements 390.360
Title to, and use and disposition of, lands acquired by local governmental units 390.364
Taxation of lands subject to scenic easements 390.368
Authority to contract landscaping and repair of damage to lands subject to scenic easement 390.400
Public electric vehicle charging stations 390.405
Parks and Recreation Transportation Electrification Fund 390.550
Definitions 390.555
All-Terrain Vehicle Account 390.560
Uses of All-Terrain Vehicle Account 390.565
All-Terrain Vehicle Advisory Committee 390.570
Class I all-terrain vehicle operator permits 390.575
Class III all-terrain vehicle operator permits 390.577
Class IV all-terrain vehicle operator permit 390.580
All-terrain vehicle operating permit 390.585
Rules 390.590
Out-of-state all-terrain vehicle permit 390.605
Definitions 390.610
Policy 390.615
Ownership of Pacific shore 390.620
Pacific shore not to be alienated 390.630
Acquisition along ocean shore for state recreation areas or access 390.632
Public access to coastal shorelands 390.635
Jurisdiction of department over recreation areas 390.640
Permit required for improvements on ocean shore 390.650
Improvement permit procedure 390.655
Standards for improvement permits 390.659
Hearing before director regarding department action on improvement permit 390.660
Regulation of use of lands adjoining ocean shores 390.661
Improvement without permit or contrary to permit conditions as public nuisance 390.663
Investigation of violation within ocean shore 390.666
Revocation, suspension or nonrenewal of improvement permit 390.669
Action by state or any person to abate public nuisance 390.672
Damages for destruction or infringement of public right of navigation, fishery or recreation 390.674
Imposition of civil penalties 390.676
Schedule of civil penalties 390.678
Motor vehicle and aircraft use regulated in certain zones 390.685
Effect of ORS 390.605, 390.615, 390.678 and 390.685 390.690
Title and rights of state unimpaired 390.705
Prohibition against placing certain conduits across recreation area and against removal of natural products 390.715
Permits for pipe, cable or conduit across ocean shore, state recreation areas and submerged lands 390.725
Permits for removal of products along ocean shore 390.729
Permits for operation of all-terrain vehicles on ocean shore 390.755
Periodic reexamination of vegetation line 390.760
Exceptions from vegetation line 390.770
Vegetation line described 390.805
Definitions for ORS 390.805 to 390.925 390.815
Policy 390.826
Designated scenic waterways 390.827
Effect of ORS 390.826 on rights of Indian tribes 390.835
Highest and best use of waters within scenic waterways 390.845
Administration of scenic waterways and related adjacent lands 390.848
Passes for use of parts of Deschutes River 390.851
Activities prohibited on parts of Deschutes River without pass 390.855
Designation of additional scenic waterways 390.865
Authority of legislature over designation of additional scenic waterways 390.875
Transfer of public lands in scenic waterways to department 390.885
Exchange of property within scenic waterway for property outside waterway 390.895
Use of federal funds 390.905
Effect of ORS 390.805 to 390.925 on other state agencies 390.910
Intergovernmental cooperation 390.915
Determination of value of scenic easement for tax purposes 390.925
Enforcement 390.930
Definitions for ORS 390.930 to 390.940 390.932
Creation of Deschutes River Scenic Waterway Recreation Area 390.934
Management of Deschutes River Scenic Waterway Recreation Area 390.936
Rules 390.938
Guidelines for management and development 390.940
Relationship to other laws 390.950
Short title 390.956
Policy 390.959
Composition of trails system 390.962
Criteria for establishing trails 390.965
Hearing required 390.968
Selection of rights of way for trails 390.971
Department duties and powers 390.974
Intergovernmental cooperation to obtain property for use in trail system 390.977
Oregon Recreation Trails Advisory Council 390.980
Funds for purposes of ORS 390.950 to 390.989 390.983
Trail property tax assessment 390.986
Injunctive relief for violation of ORS 390.950 to 390.989 390.989
Eminent domain does not apply to department powers or duties under ORS 390.950 to 390.989 390.990
Violations 390.992
Civil penalties 390.995
Criminal penalties 390.997
Penalties for violation of ORS 166.155 or 166.165
Green check means up to date. Up to date

Current through early 2024

§ 390.332’s source at oregon​.gov