Chapter 273 — Chapter 273

ORS 273.751 State land grants to railroads. There is granted to all persons constructing railways built after February 21, 1891, within the boundaries of the state, and to their successors and assigns

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ORS 273.755 Filing maps of railroad location and depot sites; department’s duties. (1) Whenever a railway company mentioned in ORS 273.751, or its successors or assigns, files with the Department of State Lands a map of the definite location of its road lines through any state lands, the department thereafter shall except from sale such right of way and lands for purposes named in ORS 273.751

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ORS 273.760 [Repealed by 1967 c.421 §206]

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ORS 273.761 Right of way for water ditches and pipes. (1) A right of way for construction of a water ditch to be used for irrigation, manufacturing or mining purposes, ditches or water pipes for conveying water to political subdivisions for domestic purposes, or for the extinguishment of fires, is granted for a distance of 25 feet on each side of such ditches or water pipes to any person who may construct such water ditches or water pipes over any submersible, swamp or school lands

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ORS 273.765 Liability for costs of relocation or extension of mains and outfalls. Any person adding or removing any material to or from submerged or submersible land so as to make necessary or advisable the relocation or extension of a main or outfall described in ORS 273.761 (2) shall be liable to the municipal corporation for all expenses incurred by it in relocating or extending such main or outfall. [1973 c.511 §1]

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ORS 273.770 [Repealed by 1967 c.421 §206]

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ORS 273.775 Definitions for ORS 273.775 to 273.790. (1) “Mineral” includes oil, gas, sulfur, coal, gold, silver, copper, lead, cinnabar, iron, manganese and other metallic ore, and any other solid, liquid or gaseous material or substance excavated or otherwise developed for commercial, industrial or construction use from natural deposits situated within or upon state lands, including mineral waters of all kinds

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ORS 273.780 Retention of mineral and geothermal resource rights by state; exploration permit or lease; sale or exchange. (1) Mineral and geothermal resource rights in real property owned by any state agency and mineral and geothermal resource rights retained as an interest in lands previously sold, granted or otherwise conveyed by the state or any agency thereof are property of the State of Oregon. Except as provided in ORS 273.785 and 273.787, proceeds therefrom shall accrue to the Common School Fund, and the State Land Board is declared to be the state agency acting for the state in any transaction respecting such mineral and geothermal resource rights

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ORS 273.785 Application of ORS 273.551 and 273.775 to 273.790; rules. ORS 273.551 and 273.775 to 273.790 do not apply to

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ORS 273.787 Release and transfer of mineral or geothermal resource rights; reservation by state; rules; fee. (1) As used in this section

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ORS 273.790 Registry of rights under state board. The Department of State Lands shall establish and maintain a registry of mineral and geothermal resource rights placed under the jurisdiction of the State Land Board. [1974 c.51 §5]

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ORS 273.805 Definitions for and purpose of ORS 273.805 to 273.825. (1) As used in ORS 273.805 to 273.825, “common school grazing lands” means lands owned by the State of Oregon and under the control of the Department of State Lands that are chiefly suitable for the grazing of animals, as determined by the department, and which are within, but not limited to, the following land classifications

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ORS 273.810 [1963 c.517 §2; repealed by 1967 c.421 §206]

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ORS 273.815 Department’s powers; terms of grazing lease; termination. (1) In order to accomplish the purpose of ORS 273.805 to 273.825, the Department of State Lands may, with respect to common school grazing lands

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ORS 273.820 Exchange of lands. The Department of State Lands may exchange common school grazing lands for land of approximately equal aggregate value, when such exchange is in furtherance of the purposes of ORS 273.805 to 273.825. No exchange shall be made until the title to the lands to be received has been validated by the Attorney General. All lands received in exchange shall have the same status and be subject to the same provisions of law as lands given in exchange therefor. [1963 c.517 §4; 1967 c.421 §86]

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ORS 273.825 Purchase of lands by lessee or other person. (1) The lessee of any common school grazing land, upon its classification for sale by the Department of State Lands, may purchase such land at a price and on terms prescribed under subsection (2) of this section if the lessee is an individual person, a resident of this state and owns, in fee simple, land immediately adjacent to the common school grazing land for which the lessee has applied. For purposes of this section, lands are considered to be adjacent if their boundaries are common or intersect at a common point

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ORS 273.830 Elliott State Research Forest; rules. (1) The state forest formerly known as the Elliott State Forest shall be known as the Elliott State Research Forest

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ORS 273.835 Expansion or exchange of lands. (1) The Elliott State Research Forest shall consist of lands determined by a resolution of the State Land Board, as modified by any subsequent expansion or exchange of lands authorized by this section

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ORS 273.840 Elliott State Research Forest Account. (1) The Elliott State Research Forest Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account

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ORS 273.850 State title to certain lands and improvements transferred to Clatsop County; lands not subject to board jurisdiction. (1) In the manner and under the conditions set out in ORS 273.850 to 273.890, and notwithstanding any other law, the State of Oregon shall remise, release and forever quitclaim to Clatsop County all rights, title and interest that may remain or be vested in the state with respect to lands described in subsection (2) of this section and any improvements thereon (excluding bridges, wharves, quays, docks, piers, marinas or similar structures protruding above the line of ordinary high water), that are located within the following described area: Those portions of sections 12 and 13 of township 8 north, range 10 west of the Willamette Meridian, and sections 2, 7, 8, 9, 10, 11, 16, 17 and 18, and the south one-half of section 3, of township 8 north, range 9 west of the Willamette Meridian, that are within the boundaries of the City of Astoria as such boundaries existed on June 13, 1969

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ORS 273.855 Clatsop County to transfer title to lands and improvements to certain possessors; fee on execution of deed. (1) ORS 273.850 (1) and (2) apply with respect to any lands described therein only when the Board of County Commissioners of Clatsop County executes and delivers a deed remising, releasing and forever quitclaiming all rights, title and interest that may remain or be vested in such county with respect to such lands, to a person or governmental entity that has been found under subsections (3), (4) and (5) of this section and ORS 273.860 to 273.880 to have such possession of the lands as of the time of application for a deed under ORS 273.850 to 273.890 as would bar an action or suit for recovery of the lands by a private person under no disability holding legal title thereto. However, in the case of lands heretofore or hereafter acquired by Clatsop County through foreclosure for delinquent ad valorem taxes or otherwise, ORS 273.850 (1) and (2) apply with respect to any lands described therein when it has been found under subsections (3), (4) and (5) of this section and ORS 273.860 to 273.880 that Clatsop County or its predecessor in interest with respect to such lands has such possession of the lands as would bar an action or suit for recovery of the lands by a private person under no disability holding legal title thereto

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ORS 273.860 Filing fee; use of fees; additional fee to cover costs of investigation. Each applicant under ORS 273.865 (1) shall pay, at the time of filing an application, a fee of $25. Moneys received under this section shall be deposited with the county treasurer and be available for payment of the expenses of the Board of County Commissioners of Clatsop County in carrying out ORS 273.855 (3), (4) and (5) and 273.860 to 273.880. In addition to such fee, if the county board determines that an investigation under ORS 273.865 (2) is necessary, it may require the applicant, prior to execution of any deed under ORS 273.855 (1), to pay an additional fee sufficient to pay the costs incurred by the county board in excess of $25 in carrying out its duties with respect to that application under ORS 273.855 (3), (4) and (5) and 273.860 to 273.880. [1969 c.495 §7]

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ORS 273.865 Application for deed; investigation; deadline on application. (1) Application for a deed under ORS 273.855 (1) shall be made to the Board of County Commissioners of Clatsop County in a manner and form prescribed by the county board. The application shall include

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ORS 273.870 Notice of deed application; protest; hearing; dual applications. (1) The Board of County Commissioners of Clatsop County shall give public notice of each application received by it under ORS 273.865 (1), prior to its consideration thereof, by advertisement not less than once each week for four successive weeks in a newspaper of general circulation in Clatsop County. Such notice need not describe the lands applied for in legal terms, but by the use of common descriptions or maps shall be designed to identify the lands in a manner intelligible to the layperson. Each notice shall indicate that a protest against the execution of the deed applied for may be filed, in a manner prescribed by the county board, with the county board not later than the 60th day after the fourth publication of the notice, or within such further time as the county board authorizes on a showing of good cause. Not later than the fifth day after the first publication of the notice, the county board shall send written notice of the application to the Department of State Lands

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ORS 273.875 Findings of board; notice; rehearing procedure. The findings of the Board of County Commissioners of Clatsop County with respect to an application shall be set out concisely in writing, and a copy served on the applicant not later than the 10th day after they are rendered. Not later than the 30th day after receipt of a copy of such findings or within such further time as the county board authorizes on a showing of good cause, an applicant may request a rehearing if the applicant was denied on grounds that there was insufficient evidence under ORS 273.865 (1)(d). If the county board grants a rehearing, it shall give notice thereof as provided in ORS 273.870. The findings of the county board after a rehearing, or after the time for requesting a rehearing has elapsed, are final, subject only to judicial review as provided in ORS 273.880. [1969 c.495 §10]

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ORS 273.880 Judicial review procedure. (1) Jurisdiction for judicial review of actions of the Board of County Commissioners of Clatsop County under ORS 273.855 (3), (4) and (5) and 273.860 to 273.880 is conferred on the circuit court for the county in which the land applied for is located. Proceedings for review shall be instituted by filing a petition not later than the 60th day after the date on which the findings of the county board became final. The petition shall state the nature of the petitioner’s interest, the facts showing how the petitioner is aggrieved by the county board’s decision, and the grounds on which the petitioner contends that the decision should be reversed or set aside. True copies of the petition shall be served by registered or certified mail on the county board and all other parties of record in the proceeding. No responsive pleading is required of the county board. In its discretion the court may permit other interested persons to intervene

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ORS 273.885 State prohibited from questioning certain titles. The State of Oregon shall not call into question the title of any person possessing lands described in ORS 273.850 (1) to (3) before January 1, 1973. The State of Oregon shall not call into question the title of any person possessing lands described in ORS 273.850 (1), if an application with respect to such lands has been filed under ORS 273.850 to 273.880 and is pending before the Board of County Commissioners of Clatsop County, or with respect to which judicial review under ORS 273.880 remains available or has not been finally rendered. [1969 c.495 §17]

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ORS 273.890 Application of ORS 273.850 to 273.890 to certain lands; tax refunds prohibited. (1) Nothing in ORS 273.850 to 273.890 affects controversies among persons and governmental entities asserting proprietary rights, title and interests with respect to lands described in ORS 273.850 (1)

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ORS 273.900 Confirmation of title to tide lands and tide flats. The titles to all tide lands within this state, and all tide flats not adjacent to the shore in the waters of the state, which have been heretofore sold to purchasers by the State of Oregon, where the purchaser has, in good faith, actually paid to the state the purchase price, and the same has been received by the state, and the purchaser has not purchased from the state to exceed 320 acres of that character or class of land, are hereby confirmed to all such purchasers and grantees of the state, their heirs, successors or assigns, when such tide lands have not been fraudulently obtained, and without reference to the amount of any other character of lands purchased by such purchaser theretofore from the state. [Formerly 274.050]

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ORS 273.902 Confirmation of title to swamp and overflow lands; deed to claimant. (1) All the rights and title of the State of Oregon to the swamp and overflowed lands of this state, and claimed by persons who have completed settlement thereon, or who may hereafter complete settlement under the provisions of the preemption or homestead laws of the United States, and have obtained a patent or certificate of final proof therefor, hereby are granted and confirmed unto such claimant, or the heirs or assigns of the claimant, respectively

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ORS 273.903 Title of certain swamp lands not to be questioned by department; prohibition against sale of certain swamp lands. The Department of State Lands shall not call in question the title of any person to any swamp lands which the person may not have acquired by full and complete compliance with the preemption or homestead laws of the United States, nor shall the department sell to anyone any unsurveyed swamp lands, or swamp lands on which any settler shall have made and perfected bona fide legal entry under the laws of the United States. “Swamp lands,” as used in this section, means lands classified as swamp lands pursuant to ORS 273.251. [Formerly 274.130]

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ORS 273.905 Confirmation of state land deeds prior to 1891. All deeds prior to February 20, 1891, to state, school, and university lands, the purchase price of which was paid to the board of commissioners for the sale of school and university lands and for the investment of the fund arising therefrom, hereby are confirmed to the grantees of the state, or to their lawful heirs or assigns, together with all rights, title or interest which the state might or could have in any of the said lands. This section shall not apply to or confirm the title to any lands which were procured by false swearing or by fraudulent representations. [Formerly 273.280]

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ORS 273.910 Confirmation of title to state lands purchased before 1918. In all cases prior to May 21, 1917, where state deeds were issued to lands claimed by this state under the laws of the United States, the legal title to which had not yet vested in the state at the date of such deeds, the after-acquired title of this state in or to such lands shall be deemed vested in such purchasers who purchased such lands in good faith, and their heirs and assigns, from the time such legal title passed or may pass out of the United States. Nothing in this section shall prevent the State of Oregon from proceeding at any time to set aside on the ground of fraud any deed made by the state, nor shall anything contained in this section be deemed to prejudice the rights of any person claiming title to any public land adversely to the State of Oregon or to the United States. [Formerly 273.270]

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ORS 273.915 Release of claims under pre-1947 deeds reserving right of way. The State of Oregon hereby remises, releases and forever quitclaims unto the grantees therein, their heirs and assigns, all rights, titles and interest that may have remained or vested in the State of Oregon under deeds executed prior to July 5, 1947, by the State Land Board wherein there was attempted to be reserved a “right of way for ditches, canals and reservoir sites for irrigation purposes, constructed, or which may be constructed, by authority of the United States.” [Formerly 273.170]

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ORS 273.920 Validation of mineral leases executed and delivered before August 9, 1961. All leases and conveyances granting the right to explore or prospect for minerals or oil and gas, and for the drilling, mining and removal of the same on or from lands or mineral rights under the jurisdiction and control of any state agency, board or commission, which were executed and delivered by such agency, board or commission prior to August 9, 1961, are hereby validated and declared to be legal and enforceable. [Formerly part of 517.410]

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ORS 273.990 Criminal penalties. Violation of ORS 273.231 is a misdemeanor. [1967 c.421 §93; 1969 c.594 §30; 1977 c.397 §3; 1983 c.620 §14; 1995 c.543 §8]

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ORS 273.992 Civil penalties. (1) A person who violates any provision of ORS 273.225, 273.231, 273.551, 273.715, 273.780 or 273.815 or any rule adopted under ORS 273.045 related to those sections is subject to a civil penalty in an amount to be determined by the Director of the Department of State Lands of not more than $1,000 per day of violation

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ORS 273.994 Schedule of civil penalties; rules; considerations in imposing penalty. (1) The Director of the Department of State Lands shall adopt by rule a schedule establishing the amount of civil penalty that may be imposed for a particular violation of ORS 273.225, 273.231, 273.551, 273.715, 273.780 or 273.815 or any rule adopted under ORS 273.045 related to those sections

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