ORS 274.954: Declaration of state’s claim; effect.

(1) Upon the adoption of a final report by the State Land Board under ORS 274.952, the board shall declare the nature and extent of the state’s claim to any interest that remains or is vested in the State of Oregon with respect to historically filled lands described in the report. (2) A declaration made by the board pursuant to subsection (1) of this section shall be binding upon the State of Oregon with respect to the interest, if any, of the State of Oregon in historically filled lands described in the declaration. (3) A declaration under this section is not a final order as defined in ORS 183.310. (4) Nothing contained in this section is intended to affect the ability of a court of competent jurisdiction to make a determination with respect to a private claim to or interest in real property. [2015 c.804 §9] Sec. 2. (1) In any negotiation with a property owner affected by a declaration under ORS 274.954 regarding historically filled lands described in ORS 274.950 (2)(d), the Department of State Lands shall prioritize the goal of public access to the waterway and need not obtain the fair market value of the historically filled lands. (2) Notwithstanding ORS 273.780, the department may convey the mineral and geothermal resource rights of property conveyed pursuant to this section. [2025 c.219 §2]