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.
(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, 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
Brusco Towboat Co. v. State Ex Rel. State Land Bd., 589 P.2d 712 (Or. 1978).
· 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 Bd., 567 P.2d 1037 (Or. Ct. App. 1977).
“” 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.”
State Ex Rel. Div. of State Lands v. Norris, 50 P.3d 595 (Or. Ct. App. 2002).
“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., 209 P.3d 411 (Or. Ct. App. 2009).
“See ORS 274.915. A lease is required from DSL for the use of state-owned submerged and submersible lands to moor floating homes.”
Dept. of Transp. v. Dietrich (Or. Ct. App. 2024).
· 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. Dep't of Revenue Foster, 9 Or. Tax 11 (Or. T.C. 1981).
“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
Dept. of Transp. v. Dietrich (Or. Ct. App. 2024).
“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.”
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.