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Oregon Revised Statutes

Or. Rev. Stat. § 274.402 (2026)

Exclusive jurisdiction to assert title to submerged or submersible lands in navigable waterway

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      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]

Notes of Decisions
Cited in 1 case, 2015–2015 · leading case: Hardy v. State Land Bd., 360 P.3d 647 (Or. Ct. App. 2015).
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Hardy v. State Land Bd., 360 P.3d 647 (Or. Ct. App. 2015). · cites it 5× “*297 As mentioned earlier, ORS 274.402 grants the board “exclusive jurisdiction to assert title to submerged or submersible lands in navigable waterways on behalf of the State of Oregon,” and the statutes that follow establish the process for the board to follow in making such a…”
Or. Rev. Stat. § 274.402(1): 1 case
Hardy v. State Land Bd., 360 P.3d 647 (Or. Ct. App. 2015). “*297 As mentioned earlier, ORS 274.402 grants the board “exclusive jurisdiction to assert title to submerged or submersible lands in navigable waterways on behalf of the State of Oregon,” and the statutes that follow establish the process for the board to follow in making such a…”
Or. Rev. Stat. § 274.402(2)(a): 1 case
Hardy v. State Land Bd., 360 P.3d 647 (Or. Ct. App. 2015). “*297 As mentioned earlier, ORS 274.402 grants the board “exclusive jurisdiction to assert title to submerged or submersible lands in navigable waterways on behalf of the State of Oregon,” and the statutes that follow establish the process for the board to follow in making such a…”
Or. Rev. Stat. § 274.402(b): 1 case
Hardy v. State Land Bd., 360 P.3d 647 (Or. Ct. App. 2015). “*297 As mentioned earlier, ORS 274.402 grants the board “exclusive jurisdiction to assert title to submerged or submersible lands in navigable waterways on behalf of the State of Oregon,” and the statutes that follow establish the process for the board to follow in making such a…”
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