2015 ORS 390.865¹
Authority of legislature over designation of additional scenic waterways

The designation of a river or segment of a river and related adjacent land, pursuant to ORS 390.855 (Designation of additional scenic waterways), shall not become effective until the day following the adjournment sine die of the regular session of the Legislative Assembly next following the date of the designation or that was in session when the designation was made. The Legislative Assembly by joint resolution may disapprove any such designation or a part thereof, and in that event the designation, or part thereof so disapproved, shall not become effective. [1971 c.1 §7]

Notes of Decisions

An ease­ment is not involved in the states right under these sec­tions to regulate use of related adjacent land, but an ease­ment is an addi­tional right which the state may acquire by purchase or gift. Scott v. State Hwy. Comm., 23 Or App 99, 541 P2d 516 (1975)

Time factors involved are not designed to freeze land values to subsidize later acquisi­tion by the state, nor do they impose unreasonable restraints upon landowners. Scott v. State Hwy. Comm., 23 Or App 99, 541 P2d 516 (1975)

The regulatory pro­vi­sions are separate from the pro­vi­sions giving the state the right to acquire land or interests in related adjacent land, and the state does not gain an interest in land by the adop­tion of the Act. Scott v. State Hwy. Comm., 23 Or App 99, 541 P2d 516 (1975)

The states power to regulate is analogous to zoning restric­tions and therefore the state does not acquire an interest for which compensa­tion must be paid. Scott v. State Hwy. Comm., 23 Or App 99, 541 P2d 516 (1975)

Where wa­ter would otherwise flow through scenic wa­terway, pro­vi­sions of Scenic Water­ways Act requiring showing that proposed diversion was necessary to beneficial use applied to proposed diversion in citys applica­tion for permit to operate hydroelectric facility. Diack v. City of Portland, 306 Or 287, 759 P2d 1070 (1988)

Atty. Gen. Opinions

Prohibi­tion of landfills on scenic wa­ter­ways, (1971) Vol 35, p 844; authority to designate seg­ment of Snake River as a scenic wa­terway, (1972) Vol 35, p 1226; defini­tion and regula­tion of placer mining, (1982) Vol. 42, p 213

Law Review Cita­tions

4 EL 299-303, 373-376 (1974); 19 EL 841 (1989); 21 EL 133 (1991); 29 WLR 95 (1993)


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 (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 390, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano390.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.