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 4079
 
                           A-Engrossed
 
                         House Bill 3558
                   Ordered by the House May 17
             Including House Amendments dated May 17
 
Sponsored by Representative MINNIS, Senator MINNIS
 
 
                             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.
 
  Requires State of Oregon to pay compensation for  { + fair
market value of, costs incurred in acquiring, + } improvements
made to and
  { - for - }  taxes paid on submersible and submerged lands that
are determined to be owned by state as result of navigability
determination.  { + Requires payment if determination of
navigability results in termination or voidance of apparent
right, title or interest in land that is expressed in document
properly recorded in county where land is situated. + } Prohibits
state from charging fee or otherwise restricting access to
structures, improvements and other works existing at time of
navigability determination.
 
                        A BILL FOR AN ACT
Relating to compensation for lands under navigable waterways;
  creating new provisions; and amending ORS 274.025.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 274.025 is amended to read:
  274.025. (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, is vested in the State of
Oregon. The State of Oregon is the owner of the submersible and
submerged lands of such streams and lakes, and may use and
dispose of the same as provided by law.
  (2) No person shall acquire any right, title or interest in or
to the submersible and submerged lands of any such navigable
lakes, or any part thereof, by reliction or otherwise, or by
reason of the lowering or drainage of the waters of such lakes,
except as provided by statute.
   { +  (3) If a determination of navigability made for a stream
or lake in this state results in the termination or voidance of
any apparent right, title or interest that is held in submersible
or submerged land located in the stream or lake and expressed in
a document that is properly recorded in the county where the land
is situated, the state shall compensate the person who held the
 
apparent right, title or interest in the submersible or submerged
land for:
  (a) The fair market value of the land;
  (b) Taxes paid on the land;
  (c) Improvements made to the land; and
  (d) Costs incurred by the person in acquiring the land,
including surveys, title transfer costs and mortgage
interest. + }
  SECTION 2.  { + Section 3 of this 2001 Act is added to and made
a part of ORS 274.400 to 274.412. + }
  SECTION 3.  { + The State of Oregon may not impose a fee on or
in any way restrict access to structures, improvements, points of
diversion, docks, impoundments or other works located on
submersible and submerged lands that exist at the time the State
Land Board makes a declaration pursuant to ORS 274.406. + }
  SECTION 4.  { + The amendments to ORS 274.025 by section 1 of
this 2001 Act apply to lands subject to a declaration made
pursuant to ORS 274.406 on or after the effective date of this
2001 Act. + }
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