Oregon Statutes 274.402 – Exclusive jurisdiction to assert title to submerged or submersible lands in navigable waterway
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(1) The State Land Board has exclusive jurisdiction to assert title to submerged or submersible lands in navigable waterways on behalf of the State of Oregon.
Terms Used In Oregon Statutes 274.402
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Land: includes water, water rights, easements of every nature and all appurtenances to land. See Oregon Statutes 274.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) The board shall not in any manner assert title to submerged or submersible lands in any waterway in this state unless either:
(a) A court having jurisdiction to determine title to real property in Oregon has determined that the waterway or part of the waterway is navigable and that determination is final; or
(b) The board has made a declaration under ORS § 274.406 that contemplates the assertion of such title. [1995 c.471 § 3]