Bill > SB74

This bill modifies Oregon state law regarding how the State Land Board determines navigability of waterways, introducing several key changes. The bill allows the Department of State Lands to find that the state's interest in a waterway can extend to current submerged and submersible lands, even if this conflicts with traditional legal principles of land change through accretion (gradual land buildup) or avulsion (sudden land change). The department is now empowered to negotiate deed exchanges with affected property owners to achieve state ownership of waterways, and these negotiations can prioritize state ownership without requiring an equal property value exchange. The bill also allows the department to convey mineral and geothermal resource rights during such exchanges. If negotiations fail, the department will determine the state's waterway interest using traditional legal principles. Additionally, the bill requires that when the State Land Board makes a declaration about a waterway's status, the county clerk must record this declaration in the county's deed records, ensuring greater transparency and public accessibility of these determinations. The bill maintains that court jurisdictions can still make determinations about private property claims, preserving existing legal protections for property owners.

Agriculture and Natural Resources

https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/SB74