Chapter 390

390.120 to 390.150

ATTY. GEN. OPINIONS: Department of Transportation authority to solicit gifts, grants, etc., (1978) Vol 38, p 2105

390.124

ATTY. GEN. OPINIONS

Under former similar statute

Authority of the State Highway Commission to charge out-of-state campers a higher fee than Oregon residents for use of state parks, (1973) Vol 36, p 329

390.160

See annotations under ORS 390.124.

390.235

LAW REVIEW CITATIONS: 25 EL 463 (1995)

390.237

LAW REVIEW CITATIONS: 25 EL 463 (1995)

390.310 to 390.368

ATTY. GEN. OPINIONS: Scenic easements under Willamette River Greenway law, (1974) Vol 36, p 1060; binding effect on governmental agencies of the adoption of interim Willamette River Greenway boundaries, (1975) Vol 37, p 894; no accompanying public right to use or trespass, (1976) Vol 38, p 91; whether “ordinary low water” means as affected by United States Corps of Engineer dams, (1977) Vol 38, p 1295; inclusion of Coast Fork of Willamette River under Willamette River Greenway restrictions, (1979) Vol 39, p 577

390.314

ATTY. GEN. OPINIONS: Scenic easements under Willamette River Greenway law, (1974) Vol 36, p 1060; state-wide planning goal in conjunction with interim Willamette River Greenway boundaries, (1975) Vol 37, p 894

390.332

ATTY. GEN. OPINIONS: Scenic easements under Willamette River Greenway law, (1974) Vol 36, p 1060; authority of state over use of land along Willamette River under Greenway law, (1975) Vol 37, p 515; private property within the Willamette River Greenway, (1976) Vol 38, p 123

390.334

ATTY. GEN. OPINIONS: Scenic easements under Willamette River Greenway law, (1974) Vol 36, p 1060; authority of state over use of land along Willamette River under Greenway law, (1975) Vol 37, p 515

390.605

ATTY. GEN. OPINIONS: Authority to issue permit for removal of ocean shore natural products from state recreation areas, (1974) Vol 36, p 807; role of Highway Division in removal of driftwood logs from ocean shores, (1975) Vol 37, p 420

LAW REVIEW CITATIONS: 4 EL 365 (1974); 22 EL 731 (1992)

390.610 to 390.770

ATTY. GEN. OPINIONS: Effect of constitutional provision requiring payments based on government regulations restricting use of property, (2001) Vol 49, p 284

LAW REVIEW CITATIONS: 20 EL 1001 (1990); 35 WLR 183 (1999)

390.610

NOTES OF DECISIONS

The Oregon statutes, confirming public rights or easements along the ocean shore to be held and administered as state recreation areas, is constitutional. Hay v. Bruno, 344 F Supp 286 (1972)

LAW REVIEW CITATIONS: 4 EL 385, 409 (1974); 22 EL 731 (1992); 77 OLR 913 (1998)

390.615

NOTES OF DECISIONS

In absence of allegations that state or hotel knew of dangerous surf, neither could be held liable for failure to warn. Fuhrer v. Gearhart By The Sea, Inc., 306 Or 434, 760 P2d 874 (1988)

390.620

LAW REVIEW CITATIONS: 4 EL 383-388 (1974)

390.630

ATTY. GEN. OPINIONS: Authority to issue permit for removal of ocean shore natural products from state recreation areas, (1974) Vol 36, p 807

LAW REVIEW CITATIONS: 4 EL 363 (1974)

390.635

390.640

NOTES OF DECISIONS

The Oregon statutes, confirming public rights or easements along the ocean shore to be held and administered as state recreation areas, is constitutional. Hay v. Bruno, 344 F Supp 286 (1972)

LAW REVIEW CITATIONS: 4 EL 348, 386 (1974)

390.660

NOTES OF DECISIONS

The authority of the State of Oregon without reference to protection of the public’s recreation lands and rights in land along the ocean shores is vested exclusively in the Department of Transportation. State ex rel Johnson v. Bauman, 7 Or App 479, 492 P2d 284 (1971)

ATTY. GEN. OPINIONS: Role of Highway Division in removal of driftwood logs from ocean shores, (1975) Vol 37, p 420

390.705

ATTY. GEN. OPINIONS: Role of Highway Division in removal of driftwood logs from ocean shores, (1975) Vol 37, p 420

390.715

ATTY. GEN. OPINIONS: Effect of constitutional provision requiring payments based on government regulations restricting use of property, (2001) Vol 49, p 284

390.725

LAW REVIEW CITATIONS: 4 EL 348 (1974)

390.805 to 390.925

NOTES OF DECISIONS

An easement is not involved in the state’s right under these sections to regulate use of related adjacent land, but an easement is an additional right which the state may acquire by purchase or gift. Scott v. State Hwy. Comm., 23 Or App 99, 541 P2d 516 (1975)

Time factors involved are not designed to freeze land values to subsidize later acquisition by the state, nor do they impose unreasonable restraints upon landowners. Scott v. State Hwy. Comm., 23 Or App 99, 541 P2d 516 (1975)

The regulatory provisions are separate from the provisions giving the state the right to acquire land or interests in related adjacent land, and the state does not gain an interest in land by the adoption of the Act. Scott v. State Hwy. Comm., 23 Or App 99, 541 P2d 516 (1975)

The state’s power to regulate is analogous to zoning restrictions and therefore the state does not acquire an interest for which compensation must be paid. Scott v. State Hwy. Comm., 23 Or App 99, 541 P2d 516 (1975)

Where water would otherwise flow through scenic waterway, provisions of Scenic Waterways Act requiring showing that proposed diversion was necessary to beneficial use applied to proposed diversion in city’s application for permit to operate hydroelectric facility. Diack v. City of Portland, 306 Or 287, 759 P2d 1070 (1988)

ATTY. GEN. OPINIONS: Prohibition of landfills on scenic waterways, (1971) Vol 35, p 844; authority to designate segment of Snake River as a scenic waterway, (1972) Vol 35, p 1226; definition and regulation of “placer mining,” (1982) Vol. 42, p 213

LAW REVIEW CITATIONS: 4 EL 299-303, 373-376 (1974); 19 EL 841 (1989); 21 EL 133 (1991); 29 WLR 95 (1993)

390.805

ATTY. GEN. OPINIONS: Authority to designate segment of Snake River as a scenic waterway, (1972) Vol 35, p 1226

LAW REVIEW CITATIONS: 4 EL 301 (1974); 21 EL 133 (1991)

390.815

LAW REVIEW CITATIONS: 4 EL 301 (1974)

390.825

NOTE: Repealed December 8, 1988; ORS 390.826 enacted in lieu

See annotations under ORS 390.826.

390.826

ATTY. GEN. OPINIONS

Under former similar statute (ORS 390.825)

Application of Scenic Waterways Act to future expansion of City of Maupin boundaries, (1977) Vol 38, p 697

390.835

NOTES OF DECISIONS

Where petitioner challenges Water Resources Commission’s temporary rule amending OAR 690-80-060 (5)(c), Commission’s findings and statement of need do not provide adequate support for promulgation of temporary rule and rule was therefore adopted without compliance with applicable rulemaking procedures and violates Scenic Waterways Act. Waterwatch of Oregon v. Oregon Water Res. Comm., 97 Or App 1, 774 P2d 1118 (1989)

“Mitigation” must be designed to fully offset ground water appropriation impacts on surface flows. WaterWatch v. Water Resources Commission, 199 Or App 598, 112 P3d 443 (2005)

ATTY. GEN. OPINIONS: Whether federal designation of portion of John Day River as scenic would supersede state law, (1977) Vol 38, p 1321; definition of “placer mining,” (1982) Vol 42, p 213; prohibition on placer mining in scenic waterways, (1994) Vol 47, p 84

LAW REVIEW CITATIONS: 19 EL 860 (1989); 36 EL 1125 (2006)

390.845

NOTES OF DECISIONS

Value of improvements upon land condemned pursuant to ORS 390.805 to 390.925 is measured as of date of taking, and not as of date of Act, where development of land began before effective date of Act. State Hwy. Comm. v. Chaparral Recreation Assn., 13 Or App 346, 510 P2d 352 (1973)

Provisions of this section authorizing condemnation of “related adjacent land” (for which, despite department’s disapproval, owner proposed and refused to abandon plan substantially impairing natural beauty of scenic waterway) were constitutionally applied where there was substantial evidence that taking landowners’ property was reasonably necessary and that they had made no timely and effective abandonment of objectionable proposal. State ex rel Dept. of Trans. v. Hilderbrand, 35 Or App 403, 582 P2d 13 (1978)

Structures and buildings erected in connection with existing use are subject to prior notice requirement unless exempted by department rule. State Dept. of Trans. v. Solomon, 57 Or App 72, 643 P2d 1312 (1982), Sup Ct review denied

ATTY. GEN. OPINIONS: Authority to designate segment of Snake River as a scenic waterway, (1972) Vol 35, p 1226

LAW REVIEW CITATIONS: 4 EL 301 (1974); 19 EL 853 (1989)

390.855

LAW REVIEW CITATIONS: 4 EL 302 (1974); 19 EL 852 (1989)