71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3910
 
                         House Bill 3491
 
Sponsored by Representative MORGAN, Senator FERRIOLI
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Specifies that State Land Board has exclusive jurisdiction over
administrative determination of navigability of waterways.
Directs board to contemplate and provide for compensation to
property owners for loss of claim, title or interest in property
caused by adoption of report determining navigability.
 
                        A BILL FOR AN ACT
Relating to lands in navigable waterways; creating new
  provisions; and amending ORS 274.402 and 274.404.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 274.402 is amended to read:
  274.402. (1) The State Land Board has exclusive jurisdiction to
assert title to submerged or submersible lands in navigable
waterways on behalf of the State of Oregon.
   { +  (2) The board has exclusive jurisdiction over matters and
issues pending before the board concerning the administrative
determination of navigability of waterways. + }
    { - (2) - }   { + (3) + } The board shall not in any manner
assert title to submerged or submersible lands in any waterway in
this state unless either:
  (a)  { + After a determination by the board under ORS 274.406
and a request for judicial review under ORS 274.412, + } a court
having jurisdiction to determine title to real property in Oregon
has determined that the waterway or part of the waterway is
navigable and that determination is final; or
  (b) The board has made a declaration under ORS 274.406 that
contemplates the assertion of such title.
  SECTION 2. ORS 274.404 is amended to read:
  274.404. (1)   { - On or before July 1, 1996, - }  The State
Land Board shall adopt by rule a procedure that is consistent
with ORS 274.400 to 274.412 by which the board and the Division
of State Lands shall make a final administrative determination as
to whether a waterway or part of a waterway is navigable, and if
so, the extent of the interest claimed by the State of Oregon in
the navigable portion of the waterway.
  (2) The rules adopted under subsection (1) of this section
shall incorporate the following procedures that the board and the
division shall follow:
  (a) The board may direct the division to make a determination
of navigability if there is sufficient economic justification or
if there is a broad and substantial public interest. If the board
so directs, the division shall conduct a study to make the
determination.
  (b) The division shall provide prompt public notice to affected
property owners that the division is beginning the study.
  (c) Upon completion of a study directed under paragraph (a) of
this subsection, the division shall prepare and submit to the
board a draft report setting forth the division's findings and
conclusions as to whether the waterway or part of the waterway
under study is navigable and, if so, the extent of the State of
Oregon's interest in the waterway or part of the waterway.
  (d) The division shall provide appropriate prior public notice
to affected property owners and other interested parties
concerning the draft report. The notice shall provide an
opportunity for a public hearing in the area of the affected
waterway and an opportunity for the public to submit written
comments on the draft report and to submit testimony or other
evidence concerning the navigability of the affected waterway or
part of the waterway or the State of Oregon's interest in the
waterway or part of the waterway.
  (e) Following the public hearing, the board may adopt the draft
report submitted by the division if substantial evidence in the
record supports the report's findings and conclusions, or the
board may refer the report to the division for further action as
determined by the board.
   { +  (f) The board shall contemplate and provide for
compensation to be paid to affected property owners for the loss
of claim, title or other interest to property caused by the
adoption of a report under this section. + }
  SECTION 3.  { + The amendments to ORS 274.402 and 274.404 by
sections 1 and 2 of this 2001 Act apply to administrative
determinations of navigability made by the State Land Board on or
after the effective date of this 2001 Act. + }
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