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ORS 274.905

Applied in 3 court decisions — leading case Brusco Towboat Co. v. State Ex Rel. State Land Board (1978)

Most recently applied in Multnomah County v. Department of Revenue (October 1994)

1963 c.376 §1; 1967 c.421 §175; 1973 c.328 §1; 2015 c.804 §1

How often courts cite this section

197719801990199410
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 ORS 274.905 to 274.940, unless the context requires otherwise:

(1)(a) “Historically filled lands” means those lands protruding above the line of ordinary high water, whether or not connected with the adjoining or opposite upland or riparian lands on the same side of the body of water, that were created upon submersible or submerged lands by artificial fill or deposit before May 28, 1963.

(b) “Historically filled lands” does not include bridges, wharves and similar structures constructed upon submersible or submerged lands by other than artificial fill or deposit.

(2)(a) “New lands” means those lands protruding above the line of ordinary high water, whether or not connected with the adjoining or opposite upland or riparian lands on the same side of the body of water that were created upon submersible or submerged lands by artificial fill or deposit on or after May 28, 1963.

(b) “New lands” does not include bridges, wharves and similar structures constructed upon submersible or submerged lands by other than artificial fill or deposit.

(3) “Public body” means the State of Oregon or any port organized under the laws of this state or any dock commission of any city of this state.

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