reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.903 - Title of certain swamp lands not to be questioned by department; prohibition against sale of certain swamp lands.

The Department of State Lands shall not call in question the title of any person to any swamp lands which the person may not have acquired by full and complete compliance with the preemption or homestead laws of the United States, nor shall the department sell to anyone any unsurveyed swamp lands, or swamp lands on which any settler shall have made and perfected bona fide legal entry under the laws of the United States. "Swamp lands," as used in this section, means lands classified as swamp lands pursuant to ORS 273.251. [Formerly 274.130]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.905 - Confirmation of state land deeds prior to 1891.

All deeds prior to February 20, 1891, to state, school, and university lands, the purchase price of which was paid to the board of commissioners for the sale of school and university lands and for the investment of the fund arising therefrom, hereby are confirmed to the grantees of the state, or to their lawful heirs or assigns, together with all rights, title or interest which the state might or could have in any of the said lands. This section shall not apply to or confirm the title to any lands which were procured by false swearing or by fraudulent representations. [Formerly 273.280]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.910 - Confirmation of title to state lands purchased before 1918.

In all cases prior to May 21, 1917, where state deeds were issued to lands claimed by this state under the laws of the United States, the legal title to which had not yet vested in the state at the date of such deeds, the after-acquired title of this state in or to such lands shall be deemed vested in such purchasers who purchased such lands in good faith, and their heirs and assigns, from the time such legal title passed or may pass out of the United States. Nothing in this section shall prevent the State of Oregon from proceeding at any time to set aside on the ground of fraud any deed made by the state, nor shall anything contained in this section be deemed to prejudice the rights of any person claiming title to any public land adversely to the State of Oregon or to the United States. [Formerly 273.270]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.915 - Release of claims under pre-1947 deeds reserving right of way.

The State of Oregon hereby remises, releases and forever quitclaims unto the grantees therein, their heirs and assigns, all rights, titles and interest that may have remained or vested in the State of Oregon under deeds executed prior to July 5, 1947, by the State Land Board wherein there was attempted to be reserved a "right of way for ditches, canals and reservoir sites for irrigation purposes, constructed, or which may be constructed, by authority of the United States." [Formerly 273.170]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.920 - Validation of mineral leases executed and delivered before August 9, 1961.

All leases and conveyances granting the right to explore or prospect for minerals or oil and gas, and for the drilling, mining and removal of the same on or from lands or mineral rights under the jurisdiction and control of any state agency, board or commission, which were executed and delivered by such agency, board or commission prior to August 9, 1961, are hereby validated and declared to be legal and enforceable. [Formerly part of 517.410]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.990 - Criminal penalties.

Violation of ORS 273.231 is a misdemeanor. [1967 c.421 §93; 1969 c.594 §30; 1977 c.397 §3; 1983 c.620 §14; 1995 c.543 §8]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.992 - Civil penalties.

(1) A person who violates any provision of ORS 273.225, 273.231, 273.551, 273.715, 273.780 or 273.815 or any rule adopted under ORS 273.045 related to those sections is subject to a civil penalty in an amount to be determined by the Director of the Department of State Lands of not more than $1,000 per day of violation.
(2) Civil penalties under this section shall be imposed in the manner provided in ORS 183.745.
(3) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law.
(4) Any civil penalty recovered under this section shall be deposited in the Common School Fund and made available for expenses of the Department of State Lands and as otherwise provided by law. [2009 c.341 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.994 - Schedule of civil penalties; rules; considerations in imposing penalty.

(1) The Director of the Department of State Lands shall adopt by rule a schedule establishing the amount of civil penalty that may be imposed for a particular violation of ORS 273.225, 273.231, 273.551, 273.715, 273.780 or 273.815 or any rule adopted under ORS 273.045 related to those sections.
(2) In imposing a penalty under the schedule adopted under subsection (1) of this section, the director shall consider the following factors:
(a) The past history of the person incurring the penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation;
(b) Any prior violations by the person of statutes, rules, orders or authorizations pertaining to the use of state land;
(c) The immediacy and extent to which the violation threatens the public health or safety or the assets of the Common School Fund; and
(d) Any other factors determined by the director to be relevant and consistent with the policies established to implement the provisions of ORS 273.225, 273.231, 273.551, 273.715, 273.780 or 273.815 or any rule adopted under ORS 273.045 related to those sections.
(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the director determines to be proper and consistent with the protection of the public health and safety and the protection of the assets of the Common School Fund. Upon the request of the person incurring the penalty, the director shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated. [2009 c.341 §3]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.005 - Definitions.

As used in this chapter, unless the context requires otherwise:
(1) "Department" means the Department of State Lands.
(2) "Director" means the Director of the Department of State Lands.
(3) "Line of ordinary high water" means the line on the bank or shore to which the high water ordinarily rises annually in season.
(4) "Line of ordinary low water" means the line on the bank or shore to which the low water ordinarily recedes annually in season.
(5) "Land" includes water, water rights, easements of every nature and all appurtenances to land.
(6) "Material" includes gravel, rock, sand and silt, but does not include hard minerals subject to ORS 274.610, or oil, gas and sulfur subject to ORS 274.705 to 274.860.
(7) "Submerged lands," except as provided in ORS 274.705, means lands lying below the line of ordinary low water of all navigable waters within the boundaries of this state as heretofore or hereafter established, whether such waters are tidal or nontidal.
(8) "Submersible lands," except as provided in ORS 274.705 means lands lying between the line of ordinary high water and the line of ordinary low water of all navigable waters and all islands, shore lands or other such lands held by or granted to this state by virtue of her sovereignty, wherever applicable, within the boundaries of this state as heretofore or hereafter established, whether such waters or lands are tidal or nontidal. [1967 c.421 §98 and 1967 c.616 §13; 1969 c.594 §31; 1991 c.217 §3; 2003 c.253 §20]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.015 - Determination of ordinary high and low water.

For purposes of this chapter, when the lines of ordinary high or low water cannot be determined by survey or inspection, then such lines shall be determined by the use of the annual mean high or mean low water for the preceding year. [1967 c.421 §99]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.025 - Jurisdiction over submersible and submerged lands generally.

(1) The title to the submersible and submerged lands of all navigable streams and lakes in this state now existing or which may have been in existence in 1859 when the state was admitted to the Union, or at any time since admission, and which has not become vested in any person, is vested in the State of Oregon. The State of Oregon is the owner of the submersible and submerged lands of such streams and lakes, and may use and dispose of the same as provided by law.
(2) No person shall acquire any right, title or interest in or to the submersible and submerged lands of any such navigable lakes, or any part thereof, by reliction or otherwise, or by reason of the lowering or drainage of the waters of such lakes, except as provided by statute. [Formerly 274.420]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.036 - Status of channel of Willamette River; approval of dam; state maintenance of river location.

The Willamette River at mile 176.5 has been returned to its pre-1971 channel. The Legislative Assembly finds that in the interests of the state’s ownership in the bed of the Willamette River and protecting the public rights of navigation, fisheries, recreation and wildlife habitat, the river at that point should be allowed to remain at its present location. The Legislative Assembly further finds that the construction of the dike at river mile 176.5 which returned the river to its pre-1971 channel is hereby approved as being in accordance with the intent and purposes of ORS 780.010. Nothing in this section is intended to imply a continuing obligation by the state to maintain the river in any location or waive the requirements of ORS 196.600 to 196.921. [1975 c.412 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.045

[Subsection (1) of 1965 Replacement Part enacted as 1961 c.703 §9; subsection (2) of 1965 Replacement Part enacted as 1961 c.619 §35; repealed by 1967 c.421 §206]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.060 - Regulation of harbor improvements; oyster beds; public easement in submerged and submersible lands.

(1) Nothing in ORS 274.040 prevents the Legislative Assembly from providing for regulation of the building of wharves or other improvements in any bay, harbor or inlet of this state, subject to ORS 780.060, or grants the exclusive right to any person to use the natural oyster beds of this state.
(2) The grantee of any submerged or submersible lands under ORS 274.040 shall hold the same subject to the easement of the public, under the provisions and restrictions of law, to enter thereon and remove oysters and other shellfish therefrom. [Amended by 1967 c.421 §105; 1969 c.594 §§33,33a; 2011 c.713 §3]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.064 - Portland Harbor Cleanup Fund.

(1) The Portland Harbor Cleanup Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Portland Harbor Cleanup Fund must be credited to the fund. The Portland Harbor Cleanup Fund consists of all moneys credited to the fund and may include moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise and interest earned on moneys in the fund.
(2) Moneys in the fund are continuously appropriated to the Department of State Lands for costs relating to or arising out of the Portland Harbor Superfund Site.
(3) Nothing in this section or any other law that appropriates, allocates, deposits or transfers moneys to the fund waives or limits the department’s ability to recover, by way of insurance, cost recovery, contribution, or claim or action relating to or arising out of the Portland Harbor Superfund Site, moneys from other parties, including claims for costs incurred by the department. In no event shall anything in this section or any other law that appropriates, allocates, deposits or transfers moneys to the fund be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the United States Constitution or otherwise. [2017 c.748 §11; 2019 c.30 §10]
Note:
274.064 was enacted into law by the Legislative Assembly but was 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.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.205 - Definition for ORS 274.210 to 274.290.

As used in ORS 274.210 to 274.290, "reclamation" includes, but is not limited to, irrigation. [1969 c.594 §36]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.210 - Authority of department to contract for drainage and reclamation of certain lands.

The Department of State Lands on behalf of the State of Oregon may enter into contracts for:
(1) The drainage of submersible and submerged lands adjoining or underlying any lakes, marshes or swamps in this state, or for the drainage of that part which is in this state of submersible and submerged lands adjoining or underlying any lake, marsh or swamp lying partly in this state and partly in another state, and for the reclamation of any such lands; and
(2) The sale or disposal of such drained and reclaimed lands as provided for in ORS 274.210 to 274.260. [Amended by 1967 c.421 §121; 1969 c.594 §37; 2001 c.104 §82]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.220 - Application for drainage and reclamation of lands.

(1) Any person desiring to enter into a contract to drain submersible and submerged lands under ORS 274.210 to 274.260 and reclaim such lands shall file with the Department of State Lands an application.
(2) The applicant, at the expense of the applicant and without any cost or charge to the state, shall make the necessary surveys and prepare a map of the lands proposed to be reclaimed. The map shall exhibit a plan showing the area that is submersible or submerged and the mode of the contemplated drainage and reclamation, and shall be accompanied by a list of the lands proposed to be drained, with sufficient description to identify the lands in accordance with rules promulgated by the department.
(3) The application shall contain an estimate of the cost of the construction of the proposed system of drainage and reclamation. [Amended by 1967 c.421 §122; 1969 c.594 §38]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.230 - Investigation and report by Water Resources Director; terms of contract; bond.

(1) Upon receipt of the application, map and plan of drainage and reclamation under ORS 274.220, the Department of State Lands may require the Water Resources Director to make an investigation and report at the expense of the applicant. If the project appears feasible and desirable and such applicant responsible, the department may enter into a contract with the applicant for construction of the drainage and reclamation works.
(2) The applicant shall agree:
(a) To drain the submersible and submerged lands substantially in accordance with the plans set forth in the contract;
(b) To make such proofs of reclamation as are required by the department;
(c) To pay all costs incident to the contract and making of the proof and any other expense connected therewith;
(d) That work will be commenced upon the ditches or other works necessary for such drainage and reclamation at a time fixed by the department and agreed upon in the contract;
(e) That by the end of the first year after the time fixed in the contract for beginning such work, 10 percent of the necessary expenditure will be made; and
(f) That this work will be prosecuted with due diligence until complete and the required proof of reclamation is made.
(3) The department shall require a bond subject to its approval in any sum it finds necessary to insure the faithful performance of the contract. [Amended by 1967 c.421 §123; 1969 c.594 §39]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.366 - Oregon Abandoned and Derelict Vessel Program; rules.

(1) As used in this section:
(a) "Abandoned vessel" has the meaning given that term in ORS 830.908.
(b) "Derelict vessel" has the meaning given that term in ORS 830.908.
(2) The Oregon Abandoned and Derelict Vessel Program is established in the Department of State Lands to:
(a) Address abandoned vessels and derelict vessels; and
(b) Ensure that state-owned submerged and submersible lands are managed for the public interests in fishery, navigation, commerce and recreation.
(3) The Department of State Lands, under the direction of the State Land Board and in coordination with the State Marine Board, the Department of Environmental Quality, the State Parks and Recreation Department and other stakeholders identified by the Department of State Lands, shall develop the policy framework for the program established in subsection (2) of this section.
(4) The Department of State Lands may adopt rules necessary to implement the provisions of this section. [2023 c.419 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.371 - Oregon Abandoned and Derelict Vessel Fund.

(1) The Oregon Abandoned and Derelict Vessel Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Abandoned and Derelict Vessel Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of State Lands for the purpose of carrying out the provisions of the Oregon Abandoned and Derelict Vessel Program.
(2) The department may accept grants, donations, contributions or gifts from any source for deposit in the fund.
(3) The fund shall consist of:
(a) Moneys received by the department as provided by subsection (2) of this section;
(b) Moneys appropriated by the Legislative Assembly for deposit in the fund;
(c) Interest earned on moneys in the fund; and
(d) Other moneys deposited in the fund from any source. [2023 c.419 §3]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.460 - Settler’s and riparian owner’s preferential right to purchase land within meander lines.

All persons qualified to become entrymen and to secure land patents under the homestead laws of the United States and who prior to January 1, 1921, in good faith settled upon lands within the meander lines of lakes returned as navigable by the United States surveys and who, on January 1, 1921, by reason of settlement, cultivation and improvements on any such lands would be entitled to patent from the United States if such lands were open or subject to homestead entry are given a preference right to purchase from the State of Oregon such lands so settled upon by them, not exceeding 160 acres for any one person, upon such terms and at such prices and within such times as shall be fixed by the Department of State Lands. However, owners of the upland bordering upon such ordinary high water mark have a preference right to purchase, at the best price bid, state lands described in ORS 274.430 and riparian to their lands, and not exceeding 160 acres, in addition to the lands granted them by ORS 274.430 and 274.440. [Amended by 1967 c.421 §135]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.470 - Settler’s right to deed to land within meander lines; preferential right to additional land; tacking by successive settlers.

(1) Any person who in good faith settled upon lands within the meander lines of any meandered lake and who, on January 1, 1921, actually resided thereon, who maintained residence thereon for at least five years immediately prior to such date, and who complied with the requirements of settlement, residence, cultivation and improvement, specified for homestead entrymen under the homestead laws of the United States, and which would be sufficient to acquire title by patent if such lands were subject to homestead entry by qualified entrymen, upon proof of such facts to the satisfaction of the Department of State Lands:
(a) Is entitled to a deed from the state, conveying and granting such lands not exceeding 160 acres without cost; and
(b) Has a preferential right to purchase from the State of Oregon 160 acres of additional lands, chiefly valuable for agricultural purposes.
(2) Any person who did not reside on any lands described in subsection (1) of this section for five years immediately prior to January 1, 1921, but who purchased the improvement or possessory rights or claims of a prior occupant, and whose residence and possession when tacked to that of such prior occupant extended for a period of not less than five years immediately prior to such date, shall have a preferential right to purchase such lands, not exceeding 160 acres, the price of which shall be fixed without reference to the value of the improvements thereon. [Amended by 1967 c.421 §136]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.480 - Rights of riparian owners on Malheur and Mud Lakes.

The owners of lands riparian to Malheur and Mud Lakes, in Harney County, Oregon, shall be granted title to so much of the lands within the meander lines of such lakes as is required to fill out the least fractional subdivision or subdivisions of any section owned by such upland owners, and which is rendered fractional by the meander line of such lakes, in addition to the rights recognized by ORS 274.430 to 274.460 to any natural accretion or reliction added to the lands of such upland owners prior to May 24, 1923. Owners of any upland bordering upon such meander lines shall have a preferential right to purchase, in addition, 160 acres of such state lands, chiefly valuable for agricultural purposes. [Amended by 1967 c.421 §137]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.490 - Settlement of conflicting preferential rights.

Settlers within the meander line of any meandered lake have the first preferential right, and the Department of State Lands shall, so far as practicable, work out the various preferential rights by securing to each, all the lands which would be most advantageously used by such several persons. In case of conflict, the department shall give the parties a reasonable time in which to agree, and if they cannot agree, the department shall decide the matter and make conveyances as it considers equitable, and its decision in the matter shall be final. The department shall fix the time within which such preferential rights shall be exercised. [Amended by 1967 c.421 §138]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.500 - Conveyance of compact area; prices; maximum acreage.

(1) All of the lands referred to in ORS 274.470 and 274.480 granted or conveyed by the state, shall be granted and conveyed in a reasonably compact area, to be determined by the Department of State Lands.
(2) All sales of such state lands shall be at prices fixed by the department, and no more than 320 acres shall be sold or conveyed to any one person. [Amended by 1967 c.421 §139]