Or. Rev. Stat. § 274.915

Lease or disposal of new lands; method; rules

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274.915 Lease or disposal of new lands; method; rules. (1) Except as otherwise provided in ORS 274.905 to 274.940, the Department of State Lands may sell, lease or trade submersible or submerged lands owned by the state in the same manner as provided for submersible lands in this chapter or ORS chapter 273.

(2) Except as otherwise provided in ORS 274.905 to 274.940, the department may sell, lease or trade new lands created upon submersible or submerged lands owned by the state in the same manner as provided for lands acquired as an investment for the Common School Fund in ORS 273.117 or ORS chapter 273.

(3) Except as otherwise provided in ORS 274.905 to 274.940 and 274.950 to 274.956, the State Land Board shall adopt rules under which the department may sell, lease or trade historically filled lands owned by the state. [1963 c.376 §3; 1967 c.421 §177; 1969 c.594 §47; 1973 c.203 §3; 1989 c.64 §1; 2015 c.804 §3]

Note: The amendments to 274.915 by section 4, chapter 219, Oregon Laws 2025, become operative January 2, 2029. See section 5, chapter 219, Oregon Laws 2025. The text that is operative on and after January 2, 2029, is set forth for the user’s convenience.

274.915. (1) Except as otherwise provided in ORS 274.905 to 274.940, the Department of State Lands may sell, lease or trade submersible or submerged lands owned by the state in the same manner as provided for submersible lands in this chapter or ORS chapter 273.

(3) Except as otherwise provided in ORS 274.905 to 274.940 and 274.950, the State Land Board shall adopt rules under which the department may sell, lease or trade historically filled lands owned by the state.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1968–2024 · leading case: Brusco Towboat Co. v. State Ex Rel. State Land Board

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Brusco Towboat Co. v. State Ex Rel. State Land Board (1978) or · cites it 3× “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.”

Brusco Towboat Co. v. State Ex Rel. State Land Board (1977) orctapp “” ORS 274.915, 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.”

Corvallis Sand & Gravel Co. v. State Land Board (1968) or “It gives no guidance, however, in cases like the present one where the choice involves a more subtle balancing of public and private interests.”

State Ex Rel. Division of State Lands v. Norris (2002) orctapp “Defendant Bruce Norris was contacted in 1995 by DSL and was told that a lease was required for defendants’ uses of the property pursuant to ORS 274.915. Defendants took the position that they were not required to execute a lease for their use of this land.”

Rosekrans v. CLASS HARBOR ASS'N, INC. (2009) orctapp “See ORS 274.915. A lease is required from DSL for the use of state-owned submerged and submersible lands to moor floating homes.”

Multnomah County v. Department of Revenue (1994) ortc · cites it 2× “” ORS 274.915 states that such “new lands” are owned by the state.”

Dept. of Transportation v. Dietrich (2024) orctapp · cites it 2× “Thunderbird contends that because ORS 274.915(2)9 authorizes DSL to sell submerged or submersible lands, 8 Thunderbird’s counsel asked Fallert to clarify the statement in his opinion letter that the meander line extended to the Columbia River after the artificial fill.”

Johnson v. Department of Revenue Foster (1981) ortc “It is true that the Division of Lands was given statutory authority to lease state-owned submerged and submersible lands in 1963 (ORS 274.915) and, since no provision specifies the disposition of the rentals therefrom, they must be deposited in the Distributable Income Account…”

— Or. Rev. Stat. § 274.915(2) — 2 cases

Multnomah County v. Department of Revenue (1994) ortc “” ORS 274.915 states that such “new lands” are owned by the state.”

Dept. of Transportation v. Dietrich (2024) orctapp “Thunderbird contends that because ORS 274.915(2)9 authorizes DSL to sell submerged or submersible lands, 8 Thunderbird’s counsel asked Fallert to clarify the statement in his opinion letter that the meander line extended to the Columbia River after the artificial fill.”

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