(1) Notwithstanding any contrary provision of ORS § 274.905 to 274.940, the Department of State Lands may reserve historically filled lands or new lands from sale, transfer or lease where upon notice and hearing the department determines that the public interest requires the lands to be preserved for recreation, conservation of fish and wildlife or the development of navigation facilities.

Terms Used In Oregon Statutes 274.940

  • Department: means the Department of State Lands. See Oregon Statutes 274.005
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC

(2) If lands are reserved from sale, transfer or lease under this section, the adjoining or opposite upland or riparian owner shall be allowed reasonable access to navigable water across the reserved historically filled lands or new lands.

(3) A determination that the public interest requires historically filled lands or new lands to be reserved under this section is not a final agency order. [1963 c.376 § 7; 1967 c.421 § 178; 1973 c.203 § 8; 2015 c.804 § 5]

 

SHELLFISH MARICULTURE RECORDS