Public-domain · open source
OpenJurist

ORS 274.005

Applied in 14 court decisions — leading case Corvallis Sand & Gravel Co. v. State Land Board (1968)

Most recently applied in Kramer v. City of Lake Oswego (August 2019)

1967 c.421 §98 and 1967 c.616 §13; 1969 c.594 §31; 1991 c.217 §3; 2003 c.253 §20

How often courts cite this section

19681980199020002010201920
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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 ordinarily rises annually in season.

(4) “Line of ordinary low water” means the line on the bank or shore to which the low water ordinarily recedes annually in season.

(5) “Land” includes water, water rights, easements of every nature and all appurtenances to land.

(6) “Material” includes gravel, rock, sand and silt, but does not include hard minerals subject to ORS 274.610, or oil, gas and sulfur subject to ORS 274.705 to 274.860.

(7) “Submerged lands,” except as provided in ORS 274.705, means lands lying below the line of ordinary low water of all navigable waters within the boundaries of this state as heretofore or hereafter established, whether such waters are tidal or nontidal.

(8) “Submersible lands,” except as provided in ORS 274.705 means lands lying between the line of ordinary high water and the line of ordinary low water of all navigable waters and all islands, shore lands or other such lands held by or granted to this state by virtue of her sovereignty, wherever applicable, within the boundaries of this state as heretofore or hereafter established, whether such waters or lands are tidal or nontidal.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.