2017 ORS 274.915¹
Lease or disposal of new lands
  • method
  • rules

(1) Except as otherwise provided in ORS 274.905 (Definitions for ORS 274.905 to 274.940) to 274.940 (Reservation of historically filled lands or new lands), the Department of State Lands may sell, lease or trade submersible or submerged lands owned by the state in the same manner as provided for submersible lands in this chapter or ORS chapter 273.

(2) Except as otherwise provided in ORS 274.905 (Definitions for ORS 274.905 to 274.940) to 274.940 (Reservation of historically filled lands or new lands), the department may sell, lease or trade new lands created upon submersible or submerged lands owned by the state in the same manner as provided for lands acquired as an investment for the Common School Fund in ORS 274.085 (Acquisition for Common School Fund investment) or ORS chapter 273.

(3) Except as otherwise provided in ORS 274.905 (Definitions for ORS 274.905 to 274.940) to 274.940 (Reservation of historically filled lands or new lands) and 274.950 (Jurisdiction to assert title to historically filled lands) to 274.956 (Public notice of claim), the State Land Board shall adopt rules under which the department may sell, lease or trade historically filled lands owned by the state. [1963 c.376 §3; 1967 c.421 §177; 1969 c.594 §47; 1973 c.203 §3; 1989 c.64 §1; 2015 c.804 §3]

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

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/­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.