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]
274.029 [1973 c.496 §1; 1977 c.471 §1;
1981 c.219 §1; repealed by 1983 c.566 §1]
274.030 [Amended by 1961 c.619 §42;
renumbered 274.895]
274.031 [Formerly 274.034; 1981 c.219 §2;
repealed by 1983 c.566 §1]
274.032 [1977 c.471 §2; repealed by 1983
c.566 §1]
274.034 [1973 c.496 §2; 1977 c.637 §1;
renumbered 274.031]
274.035 [Formerly 274.570; repealed by
1969 c.594 §63]
NAVIGABILITY OF STREAMS
Notes of Decisions
Johnson v. Dep't of Revenue, 639 P.2d 128 (Or. 1982).
· cites it 4× “See also ORS 274.025; [6] State Land Board v. Corvallis Sand & Gravel Co.”
State Ex Rel. State Land Bd. v. Corvallis Sand & Gravel Co., 582 P.2d 1352 (Or. 1978).
“There was no direct statutory claim to title to riverbeds until 1967, when what is now ORS 274.025 (1), which had previously applied only to lakes, was amended to read: "The title to the submersible and submerged lands of all navigable streams and lakes in this state now…”
Chernaik v. Brown, 475 P.3d 68 (Or. 2020).
“In relevant part, ORS 274.025 provides: “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 admis- sion, and…”
State Ex Rel. Div. of State Lands v. Norris, 50 P.3d 595 (Or. Ct. App. 2002).
“As a general matter, the state has 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…”
Rosekrans v. Class Harbor Ass'n, Inc., 209 P.3d 411 (Or. Ct. App. 2009).
“See ORS 274.025. The Division of State Lands (DSL) has the authority to lease state-owned submersible or submerged lands.”
Multnomah Cnty. v. Dep't of Revenue, 13 Or. Tax 170 (Or. T.C. 1994).
· cites it 2× “ned as: “[L]ands lying between the fine 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…”
Dept. of Transp. v. Dietrich (Or. Ct. App. 2024).
· cites it 2× “Land Board, 274 Or App 262, 265-66 , 360 P3d 647 (2015), rev den, 358 Or 550 (2016), cert den, 580 US 958 (2016) (explaining that, under the equal footing doctrine, Oregon gained title to all submerged and submersible lands within and bordering the state that were under…”
Linstrom v. Lincoln Cnty. Assessor (Or. T.C. 2018).
“ORS 274.025 (emphasis added). To date, the Oregon Department of State Lands has not determined whether the Siletz is navigable.”
Johnson v. Dep't of Revenue Foster, 9 Or. Tax 11 (Or. T.C. 1981).
“, 429 US 363 , 97 S Ct 582 , 50 L Ed2d 550 (1977), and ORS 274.025). (2) ORS 273.105(3) requires that all monies received by the Division of State Lands (the administrator of state lands) shall be credited to the Common School Fund.”
— Or. Rev. Stat. § 274.025(1) — 4 cases
State Ex Rel. Div. of State Lands v. Norris, 50 P.3d 595 (Or. Ct. App. 2002).
“As a general matter, the state has 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…”
Multnomah Cnty. v. Dep't of Revenue, 13 Or. Tax 170 (Or. T.C. 1994).
“ned as: “[L]ands lying between the fine 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…”
Dept. of Transp. v. Dietrich (Or. Ct. App. 2024).
“Land Board, 274 Or App 262, 265-66 , 360 P3d 647 (2015), rev den, 358 Or 550 (2016), cert den, 580 US 958 (2016) (explaining that, under the equal footing doctrine, Oregon gained title to all submerged and submersible lands within and bordering the state that were under…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.