390.610
Policy. (1) The
Legislative Assembly hereby declares it is the public policy of the State of
Oregon to forever preserve and maintain the sovereignty of the state heretofore
legally existing over the ocean shore of the state from the Columbia River on
the north to the Oregon-California line on the south so that the public may
have the free and uninterrupted use thereof.
(2) The
Legislative Assembly recognizes that over the years the public has made
frequent and uninterrupted use of the ocean shore and recognizes, further, that
where such use has been legally sufficient to create rights or easements in the
public through dedication, prescription, grant or otherwise, that it is in the
public interest to protect and preserve such public rights or easements as a
permanent part of Oregon’s recreational resources.
(3) Accordingly,
the Legislative Assembly hereby declares that all public rights or easements
legally acquired in those lands described in subsection (2) of this section are
confirmed and declared vested exclusively in the State of Oregon and shall be
held and administered as state recreation areas.
(4) The
Legislative Assembly further declares that it is in the public interest to do
whatever is necessary to preserve and protect scenic and recreational use of
Oregon’s ocean shore. [1967 c.601 §§1,2(1),(2),(3); 1969 c.601 §4]
Notes of Decisions
Hay v. Oregon Dep't of Transp., 719 P.2d 860 (Or. 1986).
· cites it 5× “HB 1601 (introduced February 22, 1967; now codified as ORS 390.610); see McLennan, Public Patrimony: An Appraisal of Legislation and Common Law Protecting Recreational Values in Oregon’s State-Owned Land and Waters, 4 Envtl L 317, 356-57 (1974) (describing the origins of HB…”
State Ex Rel. Thornton v. Hay, 462 P.2d 671 (Or. 1969).
· cites it 4× “Consequently, in 1967, public debate and political activity resulted in legislative attempts to resolve conflicts between public and private interests in the dry-sand area: ORS 390.610 "(1) The Legislative Assembly hereby declares it is the public policy of the State of Oregon…”
Hay v. Bruno, 344 F. Supp. 286 (D. Or. 1972).
· cites it 9× “In May, 1967, shortly before the effective date of ORS 390.610 to 390.690, plaintiffs, to exclude the public from using the dry sand area in front of their motel, constructed a fence.”
Stevens v. City of Cannon Beach, 854 P.2d 449 (Or. 1993).
· cites it 2× “” ORS 390.610. In order to implement that policy, the Beach Bill provides that a permit must be obtained for improvements to the ocean shore below the vegetation line (i.”
McDonald v. Halvorson, 780 P.2d 714 (Or. 1989).
· cites it 3× ““(3) Accordingly, the Legislative Assembly hereby declares that all public rights and easements in those lands described in subsection (2) of this section are confirmed and declared vested exclusively in the State of Oregon * * *354 Section 5 of the same measure went on to…”
State High. Comm'n v. Fultz, 491 P.2d 1171 (Or. 1971).
· cites it 2× “① Chapter 601, Oregon Laws 1967, is now codified as ORS 390.610 through ORS 390.690. The term “ocean shore” is defined under ORS 390.”
State Ex Rel. Johnson v. Bauman, 492 P.2d 284 (Or. Ct. App. 1971).
“640, property subject to public rights or easements declared by ORS 390.610 & ')'? ?? Adjacent may mean “relatively near or close together.”
Fuhrer v. Gearhart by the Sea, Inc., 719 P.2d 1305 (Or. Ct. App. 1986).
“The specific duty of an innkeeper is set out in Restatement (Second) Torts, § 314(A), which requires, inter alia, reasonable action to protect guests from unreasonable risks of harm.”
Ortega v. Martin, 497 P.3d 314 (Or. Ct. App. 2021).
· cites it 2× “It further argued that, under ORS 390.610, the legislature has declared a state policy “to do whatever is necessary to preserve and protect scenic and recreational use” of the ocean shore.”
— Or. Rev. Stat. § 390.610(1) — 2 cases
McDonald v. Halvorson, 780 P.2d 714 (Or. 1989).
““(3) Accordingly, the Legislative Assembly hereby declares that all public rights and easements in those lands described in subsection (2) of this section are confirmed and declared vested exclusively in the State of Oregon * * *354 Section 5 of the same measure went on to…”
Hay v. Bruno, 344 F. Supp. 286 (D. Or. 1972).
“In May, 1967, shortly before the effective date of ORS 390.610 to 390.690, plaintiffs, to exclude the public from using the dry sand area in front of their motel, constructed a fence.”
— Or. Rev. Stat. § 390.610(3) — 2 cases
Hay v. Bruno, 344 F. Supp. 286 (D. Or. 1972).
“In May, 1967, shortly before the effective date of ORS 390.610 to 390.690, plaintiffs, to exclude the public from using the dry sand area in front of their motel, constructed a fence.”
Fuhrer v. Gearhart by the Sea, Inc., 719 P.2d 1305 (Or. Ct. App. 1986).
“The specific duty of an innkeeper is set out in Restatement (Second) Torts, § 314(A), which requires, inter alia, reasonable action to protect guests from unreasonable risks of harm.”
— Or. Rev. Stat. § 390.610(4) — 1 case
Hay v. Oregon Dep't of Transp., 719 P.2d 860 (Or. 1986).
“HB 1601 (introduced February 22, 1967; now codified as ORS 390.610); see McLennan, Public Patrimony: An Appraisal of Legislation and Common Law Protecting Recreational Values in Oregon’s State-Owned Land and Waters, 4 Envtl L 317, 356-57 (1974) (describing the origins of HB…”
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.