ORS 274.937¹
Right of individual to purchase new lands created by individual
  • price determination

(1) Whenever an individual, in accordance with ORS 274.920 (Creation of new lands upon submersible or submerged lands), creates new lands upon submersible or submerged lands owned by the state, such individual has the right to purchase the new lands as provided in this section. The individual shall pay to the Department of State Lands for the new lands the value of the state-owned submersible or submerged lands upon which the new lands were created immediately prior to the creation of the new lands thereon and a reasonable portion of the private benefit realized from the creation of the new lands as an addition to the adjoining or opposite upland in front of which the new lands were created. The individual shall also pay to the department for the new lands the administrative costs incurred by the department with respect to the new lands. If the individual fails to make payment for the new lands as provided in this subsection within six months after the date of the notice by the department, the department may dispose of the new lands as provided in ORS 274.915 (Lease or disposal of new lands).

(2) If an individual and the department cannot agree on the sum to be paid for new lands under subsection (1) of this section, the sum to be paid shall be determined by three appraisers, one appointed by the individual, one appointed by the department and the third appointed by the first two. The determination of the appraisers shall be final. The cost of the third appraiser shall be borne equally by the individual and the department. [1973 c.203 §6]

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

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)

1 Legislative Counsel Committee, CHAPTER 274—Submersible and Submerged Lands, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors274.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 274, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­274ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information