reglab/housing_qa huggingface dataset:
OR Rev Stat § 274.240 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.240 - Performance by contractor; disposal of lands; rules.

(1) Immediately upon execution of the contract, the contractor undertaking the drainage and reclamation may enter upon the lands for the purpose of reclaiming the same. (2) The Department of State Lands shall fix the amount to which the contractor is entitled for reclaiming the lands and shall also fix the amount to be paid to the state for such lands. The department may permit the contractor to sell or dispose of the lands at such price and upon such terms as the department may fix in tracts not to exceed 640 acres to any one person under such rules as the department may promulgate governing disposal. (3) Upon proof satisfactory to the department that the amount fixed by the department as due for reclamation and the amount due the State of Oregon has been fully paid, the department shall issue a quitclaim deed for not more than 640 acres to the purchaser of such land. [Amended by 1967 c.421 §124; 1969 c.594 §40]
OR Rev Stat § 274.250 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.250 - Nonperformance; action by department; appeal from decision of department.

(1) Upon failure of any parties having contracts with the state for construction of drainage and reclamation works to begin the same within the time specified by the contract, or to complete the same within the time or in accordance with the specifications of the contract, the Department of State Lands shall give such parties written notice of such failure. If the parties have failed to proceed with the work or to conform to the specifications of the contract on or before the 60th day after the sending of such notice, the contract and all work constructed thereunder is forfeited to the state. (2) Upon forfeiture, the department shall immediately give notice once every week for a period of four weeks in some newspaper of general circulation in the county in which the work is situated, and in one newspaper of general circulation in this state, declaring the forfeiture of the contract, and that upon a day stated in the notice proposals will be received at the office of the department for the purchase of incomplete works and for the completion of the contract, the time for receiving such bids to be not earlier than the 60th day after issuance of the last notice of the forfeiture. The sales shall be for cash to the highest responsible bidder. The money received from the sale of the partially completed works under this section shall first be applied to the expenses incurred by the state in their forfeiture and disposal, and any surplus shall be paid into the State Treasury and become a part of the Common School Fund. (3) The contractors may appeal from the decision of the department. The appeal shall be heard in chambers by the circuit court of the district wherein the head works of the drainage system are situated. [Amended by 1967 c.421 §125]
OR Rev Stat § 274.260 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.260 - Title of riparian owners.

(1) The title of owners of land riparian to lakes and ponds drained under ORS 274.210 to 274.260 extends to only so much of the submersible or submerged lands adjoining or underlying such lake or pond which may be reclaimed by such drainage as is required to fill up the fractional subdivision or subdivisions of a section which the owner owns and which are rendered fractional by such lake or pond, and the title of such owner is so limited when the waters of such lake or pond receding, because of such drainage, uncover the submersible or submerged lands adjoining or underlying such lake or pond. (2) This section shall not affect the right of riparian owners to land acquired by natural accretion or reliction because of the gradual and natural recession of the waters of the lake or pond to which the lands of such owners are riparian. [Amended by 1967 c.421 §126; 1969 c.594 §41]
OR Rev Stat § 274.280 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.280 - Surveys and plans for reclamation of lands.

In addition to its powers under ORS 274.210 to 274.260, the Department of State Lands may cause reclamation surveys, plans and specifications to be made for the reclaiming of any unsold swamp lands and submersible lands under the control of the department. [Amended by 1967 c.421 §127; 1969 c.594 §42]
OR Rev Stat § 274.290 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.290 - Execution of plan.

The Department of State Lands may direct the Water Resources Director to submit an estimate of the probable cost of any survey, plan or specification of any contemplated reclamation project under ORS 274.280. On consideration thereof, if the department finds it to be in the interest of the state, the department shall direct the Water Resources Director to cause such survey and plans and specifications to be made and prepared. Upon receipt thereof the department may proceed under the plan to the extent and in such manner as it considers advisable. [Amended by 1967 c.421 §128]
OR Rev Stat § 274.300 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.300

[Amended by 1967 c.421 §22; renumbered 273.111]
OR Rev Stat § 274.376 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.376 - Definitions for ORS 274.376 to 274.388.

As used in ORS 274.376 to 274.388: (1) "Abandoned structure" means a structure that has been left without authorization on, under or over state-owned submerged or submersible lands. (2) "Abandoned vessel" has the meaning given that term in ORS 830.908. (3) "Derelict structure" means a structure that is on, under or over state-owned submerged or submersible lands and that is: (a) Sunk or in imminent danger of sinking due to its dilapidated condition; (b) Obstructing a waterway; (c) Endangering life or property; or (d) In dilapidated condition such that it is in danger of becoming an environmental hazard as evidenced by instances of leaking fuel, sewage or other pollutants. (4) "Derelict vessel" has the meaning given that term in ORS 830.908. (5) "Marine debris" means any manufactured or processed solid material that: (a) Persists in the marine environment; and (b) Is disposed of or abandoned, either with intention or unintentionally, in any waters of which the submersible or submerged lands belong to the State of Oregon. (6) "Owner" means a person who has a property interest in a structure or vessel. [2015 c.715 §1]
OR Rev Stat § 274.379 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.379 - Authority to seize abandoned structure or derelict structure; notice.

(1) The Department of State Lands is authorized to seize a structure on, under or over state-owned submerged or submersible lands if: (a) The department determines, after providing notice and opportunity for a hearing, that the structure is an abandoned structure or a derelict structure; and (b) The owner of the structure has failed to correct the problems identified in the notice within 20 days or a longer reasonable time as specified in the notice provided under the rules adopted under ORS 274.385 or within any additional time that may be granted by the department. (2)(a) The notice required under subsection (1) of this section must: (A) Identify, with specificity, the department’s proprietary interest in and jurisdiction over the state-owned submerged or submersible lands that the structure is on, under or over; (B) Identify any person that the department has determined may have a potential interest in the structure or the land upon which the structure is located; and (C) Be delivered by certified mail, return receipt requested, to any person with a potential interest in the structure or the land upon which the structure is located, as determined by the department after diligent investigation. (b) As used in this subsection, "diligent investigation" includes but is not limited to a search of the county property records. (3) The department may remove, salvage, store and dispose of structures seized under this section. (4)(a) Nothing in this section affects the ability of the department to: (A) Investigate and prosecute trespasses on and damage to state lands under ORS 273.185; or (B) Immediately seize without notice a structure that presents a hazard to navigation or an imminent threat to public health or safety. (b) If the department seizes a structure without notice under this subsection and the department wishes to salvage or dispose of the structure, the department shall provide notice as provided for in the rules adopted under ORS 274.385. [2015 c.715 §2]
OR Rev Stat § 274.382 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.382 - Liability for costs of removal, salvage, storage and disposal.

(1) Except as may otherwise be provided by the Department of State Lands by rule, the owner of an abandoned structure or derelict structure is liable to the department for all costs arising out of removal, salvage, storage and disposal of a structure seized under ORS 274.376 to 274.388. Any order imposing liability for the costs is an order other than a contested case and is subject to review under ORS 183.484. (2) If the department sells a structure seized under ORS 274.376 to 274.388, the liability imposed under this section shall be reduced by the net proceeds of the sale. (3) Except as may otherwise be provided by the department by rule, an owner of a structure whose only interest in the structure is a security interest is not liable for costs arising out of removal, salvage, storage and disposal of a structure under ORS 274.376 to 274.388. [2015 c.715 §3]
OR Rev Stat § 274.385 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.385 - Rules.

The Department of State Lands shall adopt rules to carry out the provisions of ORS 274.376 to 274.388. The rules shall, at a minimum, include procedures: (1) For providing notice and opportunity for a hearing prior to the seizure of abandoned or derelict structures under ORS 274.376 to 274.388; and (2) Related to the manner by which requests to the department for the use of moneys in the Submerged Lands Enhancement Fund may be made and evaluated by the department. [2015 c.715 §5]
OR Rev Stat § 274.388 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.388 - Submerged Lands Enhancement Fund.

(1) The Submerged Lands Enhancement Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Submerged Lands Enhancement Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of State Lands for the purposes specified in this section. (2) Notwithstanding ORS 273.105, the fund shall consist of: (a) No more than 20 percent of the moneys collected by the department per biennium pursuant to the department’s granting of leases, easements, registrations and other permissions to use or occupy state-owned submerged or submersible lands; and (b) Moneys collected by the department under subsection (5) of this section. (3) Moneys in the Submerged Lands Enhancement Fund may be used to pay the expenses of the department associated with management and enhancement activities on state-owned submerged and submersible lands, including but not limited to: (a) Removal, salvage, storage and disposal of abandoned or derelict structures under ORS 274.379; (b) Removal and disposal of marine debris; (c) Assistance with the salvage, towing, storage and disposal of abandoned or derelict vessels pursuant to ORS 830.908 to 830.948; and (d) Engagement in activities to improve water quality, watershed enhancement and fish and wildlife habitat on submerged and submersible lands. (4) The department may use moneys in the fund to provide funding to a state agency, county, city, water improvement district, watershed council, park and recreation district, port district, federally recognized Indian tribe or nonprofit organization to assist the department in completing any of the management and enhancement activities provided for in subsection (3) of this section. (5) The department may recover payments made from the fund from an owner of a structure or vessel who is liable for the costs of removal, salvage, storage and disposal of a structure under ORS 274.382. The department shall deposit all moneys recovered under this subsection into the fund. [2015 c.715 §4]
OR Rev Stat § 274.400 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.400 - Definition for ORS 274.400 to 274.412.

As used in ORS 274.400 to 274.412, "board" means the State Land Board. [1995 c.471 §2]
OR Rev Stat § 274.402 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.402 - Exclusive jurisdiction to assert title to submerged or submersible lands in navigable waterway.

(1) The State Land Board has exclusive jurisdiction to assert title to submerged or submersible lands in navigable waterways on behalf of the State of Oregon. (2) The board shall not in any manner assert title to submerged or submersible lands in any waterway in this state unless either: (a) A court having jurisdiction to determine title to real property in Oregon has determined that the waterway or part of the waterway is navigable and that determination is final; or (b) The board has made a declaration under ORS 274.406 that contemplates the assertion of such title. [1995 c.471 §3]
OR Rev Stat § 274.404 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.404 - Administrative determination of navigable waterway; rules; procedure.

(1) On or before July 1, 1996, the State Land Board shall adopt by rule a procedure that is consistent with ORS 274.400 to 274.412 by which the board and the Department of State Lands shall make a final administrative determination as to whether a waterway or part of a waterway is navigable, and if so, the extent of the interest claimed by the State of Oregon in the navigable portion of the waterway. (2) The rules adopted under subsection (1) of this section shall incorporate the following procedures that the board and the department shall follow: (a) The board may direct the department to make a determination of navigability if there is sufficient economic justification or if there is a broad and substantial public interest. If the board so directs, the department shall conduct a study to make the determination. (b) The department shall provide prompt public notice to affected property owners that the department is beginning the study. (c) Upon completion of a study directed under paragraph (a) of this subsection, the department shall prepare and submit to the board a draft report setting forth the department’s findings and conclusions as to whether the waterway or part of the waterway under study is navigable and, if so, the extent of the State of Oregon’s interest in the waterway or part of the waterway. (d) The department shall provide appropriate prior public notice to affected property owners and other interested parties concerning the draft report. The notice shall provide an opportunity for a public hearing in the area of the affected waterway and an opportunity for the public to submit written comments on the draft report and to submit testimony or other evidence concerning the navigability of the affected waterway or part of the waterway or the State of Oregon’s interest in the waterway or part of the waterway. (e) Following the public hearing, the board may adopt the draft report submitted by the department if substantial evidence in the record supports the report’s findings and conclusions, or the board may refer the report to the department for further action as determined by the board. [1995 c.471 §4]
OR Rev Stat § 274.406 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.406 - Declaration of state’s claim; effect.

(1) Upon the adoption of a report by the State Land Board under ORS 274.404 (2)(e), the board shall declare the nature and extent of the state’s claim to any interest that remains or is vested in the State of Oregon with respect to any land or waterway described in the report. (2) Except as it may be modified upon review pursuant to ORS 274.412, a declaration made by the board pursuant to subsection (1) of this section shall be binding upon the State of Oregon with respect to the interest, if any, of the State of Oregon in any land or waterway described in the declaration. (3) Nothing contained in this section is intended to affect the ability of a court of competent jurisdiction to make a determination with respect to a private claim to or interest in real property. [1995 c.471 §5]
OR Rev Stat § 274.408 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.408 - Public notice of claim; content.

Immediately following a declaration made by the State Land Board pursuant to ORS 274.406, the board shall: (1) Cause reasonable public notice of the declaration to be given to interested parties. The notice shall: (a) Describe the land or waterway affected and the nature and extent of the state’s claim. Such notice need not describe the land or waterway in legal terms, but by the use of common descriptions or maps shall be designed to identify the land or waterway in a manner intelligible to the layperson and useful in establishing the exact location of the state claim in relation to existing legal descriptions. (b) Advise that any person aggrieved by the declaration may seek judicial review of the declaration pursuant to ORS 274.412. (2) Send to each owner of record of land described in the declaration a copy of the declaration made with respect to the land and a statement advising such owner that any aggrieved party may seek judicial review of the declaration pursuant to ORS 274.412. [1995 c.471 §6]
OR Rev Stat § 274.410 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.410

[Renumbered 274.525]
OR Rev Stat § 274.412 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.412 - Judicial review of declaration of state’s claim.

Any person who is aggrieved by a declaration of the State Land Board made pursuant to ORS 274.406 may seek judicial review of the declaration in the manner provided in ORS chapter 183 for judicial review of final orders in other than contested cases. For purposes of ORS 183.484 (2), the date three days after the date of mailing of notice under ORS 274.408 (2) shall be considered the date the order is served on the owner. [1995 c.471 §7]
OR Rev Stat § 274.420 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.420

[Amended by 1967 c.421 §100; renumbered 274.025]
OR Rev Stat § 274.425 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.425 - Definition for ORS 274.430 to 274.520.

As used in ORS 274.430 to 274.520, "meandered lake" means a lake wholly or partly within this state that has been meandered by the United States surveys. [1967 c.421 §131]
OR Rev Stat § 274.430 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.430 - State ownership of meandered lakes; status as navigable and public waters.

(1) All meandered lakes are declared to be navigable and public waters. The waters thereof are declared to be of public character. The title to the submersible and submerged lands of such meandered lakes, which are not included in the valid terms of a grant or conveyance from the State of Oregon, is vested in the State of Oregon. (2) ORS 274.430 to 274.450 shall not apply to any nonnavigable lakes lying within the boundaries of any duly organized and incorporated drainage district which was in existence on January 1, 1921. (3) Nothing in this section impairs the title of any upland or riparian owner to or any vested rights in land which was added prior to May 25, 1921, by natural accretion or reliction to the lands of such upland owner. [Amended by 1967 c.421 §132]
OR Rev Stat § 274.440 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.440 - Acquisition of future rights to meandered lakes denied; extension of riparian ownership; lands overflowed by high water.

(1) There are no vested rights in or to any future accretion or reliction to the lands of any upland or riparian owner on any meandered lake. No person shall acquire any right, title or interest in or to the submerged or submersible lands of any such lakes, or any part thereof, by reliction, accretion or otherwise, or by reason of the lowering or drainage of the waters of such lakes, except as provided by statute. (2) Upon drainage of meandered lakes, the title of owners of land riparian to such lakes drained under any law shall extend to so much of the submersible and submerged lands reclaimed by such drainage as is required to fill out the least fractional subdivision or subdivisions of any section owned by such riparian owners and which is rendered fractional by the meander line of such lake; and the title of such owners shall be so limited when the receding lake waters, because of such drainage, uncover the submersible and submerged lands. Where by reason of natural accretion or reliction such fractional subdivision or subdivisions of such upland owners were filled out thereby prior to May 25, 1921, such upland owners shall hold to the line of such lands as extended by the natural accretion or reliction. (3) Submersible and submerged lands covered at ordinary high water at ordinarily recurring seasons by the waters of meandered lakes, or from which the waters of any such lakes have not at ordinarily high water permanently receded, are not considered to be accreted or relicted lands, but the same and all accretions and relictions occurring or formed over any of the lands of the State of Oregon, as provided by ORS 274.430, are the property of the State of Oregon, and may be by it leased, sold or managed in the manner provided by law. [Amended by 1967 c.421 §133]
OR Rev Stat § 274.450 (2021)
2021 Oregon Revised Statutes|Volume : 07 - Public Facilities and Finance|Chapter 274 - Submersible and Submerged Lands|Section 274.450 - Acquisition of riparian rights by department.

The Department of State Lands may acquire by purchase, gift, condemnation or otherwise, any riparian rights which may, by any court of competent jurisdiction, be held to be owned by or vested in any upland or riparian owner on any meandered lakes, and may institute such suits or actions as may be necessary in such condemnation proceedings. [Amended by 1967 c.421 §134]