2017 ORS 390.332¹
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]

Atty. Gen. 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

Atty. Gen. Opinions

Scenic ease­ments under Willamette River Greenway law, (1974) Vol 36, p 1060; binding effect on govern­mental agencies of the adop­tion of interim Willamette River Greenway boundaries, (1975) Vol 37, p 894; no accompanying public right to use or trespass, (1976) Vol 38, p 91; whether “ordinary low wa­ter” means as affected by United States Corps of Engineer dams, (1977) Vol 38, p 1295; inclusion of Coast Fork of Willamette River under Willamette River Greenway restric­tions, (1979) Vol 39, p 577

1 Legislative Counsel Committee, CHAPTER 390—State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors390.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 390, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano390.­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.