Title 25, Public Lands

(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 no…

(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: (a) Protect the lands from fire, disease and insect pests, cooperate with others in such protection and enter into all agreements nece…

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 v…

(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 …

(1) The state forest formerly known as the Elliott State Forest shall be known as the Elliott State Research Forest. (2) The State Land Board shall manage, control and protect the forest for the dedicated purpose of maintaining a world-class research forest. (3) The Department of…

(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. (2) The board may not sell any lands in the forest, but may approve an expansi…

(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. (2) The account shall consist of all moneys deposited in the account. Moneys in the ac…

(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…

(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 suc…

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 …

(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: (a) A legal description of the lands applied for, and, as nearly as practicabl…

(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 circula…

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…

(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…

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 appl…

(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). (2) No ad valorem taxes paid or owing with respect to lands described in ORS 2…

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, an…

(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 State…

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 unsur…

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 …

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 sha…

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 wher…

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 execut…

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]

(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 no…

(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 …

As used in this chapter, unless the context requires otherwise: (1) “Department” means the Department of State Lands. (2) “Director” means the Director of the Department of State Lands. (3) “Line of ordinary high water” means the line on the bank or shore to which the high water …

For purposes of this chapter, when the lines of ordinary high or low water cannot be determined by survey or inspection, then such lines shall be determined by the use of the annual mean high or mean low water for the preceding year. [1967 c.421 §99]

(1) The title to the submersible and submerged lands of all navigable streams and lakes in this state now existing or which may have been in existence in 1859 when the state was admitted to the Union, or at any time since admission, and which has not become vested in any person, …

The Willamette River at mile 176.5 has been returned to its pre-1971 channel. The Legislative Assembly finds that in the interests of the state’s ownership in the bed of the Willamette River and protecting the public rights of navigation, fisheries, recreation and wildlife habita…

(1) Except as provided in ORS 274.043, in ORS 273.117 for leases of submersible lands acquired as an investment for the Common School Fund, in ORS 274.530 (1) for leases of submersible lands of less than one year’s duration, in ORS 274.530 (3) for licenses of less than three year…

(1) A privately owned float or dock occupying an area of 200 square feet or less is exempt from the leasing requirements of ORS 274.040 if: (a) The structure belongs to the immediately adjacent riparian landowner; and (b) The float or dock is uncovered, unenclosed and open on all…

(1) Nothing in ORS 274.040 prevents the Legislative Assembly from providing for regulation of the building of wharves or other improvements in any bay, harbor or inlet of this state, subject to ORS 780.060, or grants the exclusive right to any person to use the natural oyster bed…

(1) The Portland Harbor Cleanup Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Portland Harbor Cleanup Fund must be credited to the fund. The Portland Harbor Cleanup Fund consists of all moneys credited to the fund a…

As used in ORS 274.210 to 274.290, “reclamation” includes, but is not limited to, irrigation. [1969 c.594 §36]

The Department of State Lands on behalf of the State of Oregon may enter into contracts for: (1) The drainage of submersible and submerged lands adjoining or underlying any lakes, marshes or swamps in this state, or for the drainage of that part which is in this state of submersi…

(1) Any person desiring to enter into a contract to drain submersible and submerged lands under ORS 274.210 to 274.260 and reclaim such lands shall file with the Department of State Lands an application. (2) The applicant, at the expense of the applicant and without any cost or c…

(1) Upon receipt of the application, map and plan of drainage and reclamation under ORS 274.220, the Department of State Lands may require the Water Resources Director to make an investigation and report at the expense of the applicant. If the project appears feasible and desirab…

(1) Immediately upon execution of the contract, the contractor undertaking the drainage and reclamation may enter upon the lands for the purpose of reclaiming the same. (2) The Department of State Lands shall fix the amount to which the contractor is entitled for reclaiming the l…

(1) Upon failure of any parties having contracts with the state for construction of drainage and reclamation works to begin the same within the time specified by the contract, or to complete the same within the time or in accordance with the specifications of the contract, the De…

(1) The title of owners of land riparian to lakes and ponds drained under ORS 274.210 to 274.260 extends to only so much of the submersible or submerged lands adjoining or underlying such lake or pond which may be reclaimed by such drainage as is required to fill up the fractiona…

In addition to its powers under ORS 274.210 to 274.260, the Department of State Lands may cause reclamation surveys, plans and specifications to be made for the reclaiming of any unsold swamp lands and submersible lands under the control of the department. [Amended by 1967 c.421 …

The Department of State Lands may direct the Water Resources Director to submit an estimate of the probable cost of any survey, plan or specification of any contemplated reclamation project under ORS 274.280. On consideration thereof, if the department finds it to be in the inter…

(1) As used in this section: (a) “Abandoned vessel” has the meaning given that term in ORS 830.908. (b) “Derelict vessel” has the meaning given that term in ORS 830.908. (2) The Oregon Abandoned and Derelict Vessel Program is established in the Department of State Lands to: (a) A…

(1) The Oregon Abandoned and Derelict Vessel Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Abandoned and Derelict Vessel Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to…

As used in ORS 274.376 to 274.388: (1) “Abandoned structure” means a structure that has been left without authorization on, under or over state-owned submerged or submersible lands. (2) “Derelict structure” means a structure that is on, under or over state-owned submerged or subm…

(1) The Department of State Lands is authorized to seize a structure on, under or over state-owned submerged or submersible lands if: (a) The department determines, after providing notice and opportunity for a hearing, that the structure is an abandoned structure or a derelict st…

(1) Except as may otherwise be provided by the Department of State Lands by rule, the owner of an abandoned structure or derelict structure is liable to the department for all costs arising out of removal, salvage, storage and disposal of a structure seized under ORS 274.376 to 2…

The Department of State Lands shall adopt rules to carry out the provisions of ORS 274.376 to 274.388. The rules shall, at a minimum, include procedures: (1) For providing notice and opportunity for a hearing prior to the seizure of abandoned or derelict structures under ORS 274.…

(1) The Submerged Lands Enhancement Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Submerged Lands Enhancement Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of…