2017 ORS 274.950¹
Jurisdiction to assert title to historically filled lands
  • requirements

(1) Except as provided in subsection (2) of this section, the State Land Board may not in any manner assert title to historically filled lands, as defined in ORS 274.905 (Definitions for ORS 274.905 to 274.940), unless, prior to December 31, 2025:

(a) The board makes a declaration under ORS 274.954 (Declaration of state’s claim) that asserts title to the historically filled lands; and

(b) Notice of the board’s declaration was given as required under ORS 274.956 (Public notice of claim).

(2) Subsection (1) of this section does not apply to:

(a) Historically filled lands, as defined in ORS 274.905 (Definitions for ORS 274.905 to 274.940), over which the State Land Board asserted title prior to January 1, 2016;

(b) Historically filled lands fronting upon the Pacific Ocean; or

(c) Lands in that portion of the Lower Willamette River that includes the Portland Harbor Superfund Site.

(3) Nothing contained in ORS 274.950 (Jurisdiction to assert title to historically filled lands) to 274.956 (Public notice of claim) shall divest the State of Oregon of its rights to minerals, oil, gas and sulfur. [2015 c.804 §7]

Note: 274.950 (Jurisdiction to assert title to historically filled lands) to 274.956 (Public notice of claim) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 274 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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.