This text of Oregon § 274.950 (Jurisdiction to assert title to historically filled lands; requirements; notice) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)Except as provided in subsection (2) of this section, the State Land Board may not in any manner assert title to historically filled lands, or assert a right to minerals or geothermal resources in the historically filled lands, unless, prior to December 31, 2025:
(a)The board has made a declaration under ORS 274.954 (2023 Edition) that asserts title to the historically filled lands; and (b)Notice of the board’s declaration was given as required under ORS 274.956 (2023 Edition). (2)Subsection (1) of this section does not apply to:
(a)Historically filled lands for which the State Land Board or the Department of State Lands has taken action to assert title to prior to January 1, 2016;
(b)Historically filled lands fronting upon the Pacific Ocean;
(c)Lands in that portion of the Lower
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(1) Except as provided in subsection (2) of this section, the State Land Board may not in any manner assert title to historically filled lands, or assert a right to minerals or geothermal resources in the historically filled lands, unless, prior to December 31, 2025:
(a) The board has made a declaration under ORS 274.954 (2023 Edition) that asserts title to the historically filled lands; and
(b) Notice of the board’s declaration was given as required under ORS 274.956 (2023 Edition).
(2) Subsection (1) of this section does not apply to:
(a) Historically filled lands for which the State Land Board or the Department of State Lands has taken action to assert title to prior to January 1, 2016;
(b) Historically filled lands fronting upon the Pacific Ocean;
(c) Lands in that portion of the Lower Willamette River that includes the Portland Harbor Superfund Site; or
(d) Historically filled lands within city limits, or the mineral and geothermal resource rights in those lands, zoned to allow for commercial, industrial or marine industrial uses on May 28, 2025, that the board or the department has taken action to assert title to on or before December 31, 2028.
(3) Notwithstanding ORS 273.780, unless the Department of State Lands determines that a significant mineral or geothermal resource exists in the historically filled lands:
(a) In a conveyance of historically filled lands, the department may not reserve mineral and geothermal resource rights claimed pursuant to this section; and
(b) Any mineral or geothermal resource rights in historically filled lands claimed pursuant to this section and reserved by the state prior to May 28, 2025, shall be released by the department and transferred to the owner of the historically filled lands.
(4) No later than December 31, 2028, the Department of State Lands may record a notice of historically filled lands with the county clerk of each county in this state. The notice shall:
(a) Include a summary of state-owned submerged and submersible lands within the county where historically filled lands may be located;
(b) State that the State Land Board may not assert title to any historically filled lands unless the requirements of subsection (1) of this section have been satisfied or an exception described in subsection (2) of this section applies;
(c) For any historically filled lands for which the requirements of subsection (1) of this section have been satisfied or an exception described in subsection (2) of this section applies, provide a legal description of the historically filled lands or a reference to a recorded survey;
(d) State that the state’s ownership of the submerged and submersible lands adjacent to historically filled lands is the line of ordinary high water; and
(e) Provide contact information for the department for questions or inquiries related to historically filled lands.
(5) As used in this section and section 2, chapter 219, Oregon Laws 2025:
(a) “Geothermal resources” has the meaning given that term in ORS 522.005.
(b) “Historically filled lands” has the meaning given that term in ORS 274.905.
(c) “Mineral” has the meaning given that term in ORS 273.775.