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Oregon Revised Statutes

Or. Rev. Stat. § 274.406 (2026)

Declaration of state’s claim; effect; filing with the county clerk

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      274.406 Declaration of state’s claim; effect; filing with the county clerk. (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) If a declaration made by the board under subsection (1) of this section is filed with the county clerk for recording, the county clerk shall record the declaration in the deed records of the county where the waterway is located.

      (4) 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; 2025 c.164 §2]

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 4× “402(2)(a); or *268 (2) the board has made a declaration under ORS 274.406, ORS 274.402(b). It is the latter process that is at issue in this case.”
Or. Rev. Stat. § 274.406(1): 1 case
Hardy v. State Land Bd., 360 P.3d 647 (Or. Ct. App. 2015). “402(2)(a); or *268 (2) the board has made a declaration under ORS 274.406, ORS 274.402(b). It is the latter process that is at issue in this case.”
Or. Rev. Stat. § 274.406(3): 1 case
Hardy v. State Land Bd., 360 P.3d 647 (Or. Ct. App. 2015). “402(2)(a); or *268 (2) the board has made a declaration under ORS 274.406, ORS 274.402(b). It is the latter process that is at issue in this case.”
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