274.905
Definitions for ORS 274.905 to 274.940. As used in ORS 274.905 to 274.940, unless the context
requires otherwise:
(1)(a) “Historically
filled lands” means those lands protruding above the line of ordinary high
water, whether or not connected with the adjoining or opposite upland or
riparian lands on the same side of the body of water, that were created upon
submersible or submerged lands by artificial fill or deposit before May 28,
1963.
(b) “Historically
filled lands” does not include bridges, wharves and similar structures
constructed upon submersible or submerged lands by other than artificial fill
or deposit.
(2)(a) “New lands”
means those lands protruding above the line of ordinary high water, whether or
not connected with the adjoining or opposite upland or riparian lands on the
same side of the body of water that were created upon submersible or submerged
lands by artificial fill or deposit on or after May 28, 1963.
(b) “New lands”
does not include bridges, wharves and similar structures constructed upon
submersible or submerged lands by other than artificial fill or deposit.
(3) “Public body”
means the State of Oregon or any port organized under the laws of this state or
any dock commission of any city of this state. [1963 c.376 §1; 1967 c.421 §175;
1973 c.328 §1; 2015 c.804 §1]
Notes of Decisions
Brusco Towboat Co. v. State Ex Rel. State Land Bd., 567 P.2d 1037 (Or. Ct. App. 1977).
“915, although apparently intended to authorize the sale or lease of fill lands also seems to authorize the sale or lease of submerged and submersible lands: "Except as otherwise provided in ORS 274.”
Brusco Towboat Co. v. State Ex Rel. State Land Bd., 589 P.2d 712 (Or. 1978).
“Plaintiffs argue that this authority was not intended to extend to requiring rental for uses related to navigation, such as moorage facilities, log booms, and other permanent installations maintained by the plaintiffs.”
Multnomah Cnty. v. Dep't of Revenue, 13 Or. Tax 170 (Or. T.C. 1994).
“905(1) includes in the definition of “new land and lands”: “[T]hose lands protruding above the line of ordinary high water, whether or not connected with the adjoining or opposite upland or riparian lands on the same side of the body of water, which have been created upon…”
— Or. Rev. Stat. § 274.905(1) — 1 case
Multnomah Cnty. v. Dep't of Revenue, 13 Or. Tax 170 (Or. T.C. 1994).
“905(1) includes in the definition of “new land and lands”: “[T]hose lands protruding above the line of ordinary high water, whether or not connected with the adjoining or opposite upland or riparian lands on the same side of the body of water, which have been created upon…”
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