2017 ORS 274.060¹
Regulation of harbor improvements
  • oyster beds
  • public easement in submerged and submersible lands

(1) Nothing in ORS 274.040 (Sale or lease of submersible lands) prevents the Legislative Assembly from providing for regulation of the building of wharves or other improvements in any bay, harbor or inlet of this state, subject to ORS 780.060 (Construction not to interfere with oyster production), or grants the exclusive right to any person to use the natural oyster beds of this state.

(2) The grantee of any submerged or submersible lands under ORS 274.040 (Sale or lease of submersible lands) shall hold the same subject to the easement of the public, under the provisions and restrictions of law, to enter thereon and remove oysters and other shellfish therefrom. [Amended by 1967 c.421 §105; 1969 c.594 §§33,33a; 2011 c.713 §3]

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)

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/­ors/­ors274.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 274, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano274.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.