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(continued) tate Land Board.
(2) “Submerged land” means land lying below the line of ordinary low water of a body of water in this state.
(3) “Submersible land” means land lying between the line of ordinary high water and the line of ordinary low water of a body of water in this state. [1973 c.329 §2; 2003 c.253 §24]
274.963 Legislative findings. (1) The Legislative Assembly finds and declares that:
(a) Uncertainty exists as to the nature and extent of the state’s interest in land formerly submerged or submersible lands within the bed and banks of navigable bodies of water in this state.
(b) Such uncertainty causes conflicts in the use and ownership of such land, endangers the rights and titles of landowners and restricts the development of the economic, scenic and recreational potential of such lands.
(c) Although the State Land Board and the Department of State Lands are authorized by law to negotiate settlements with respect to the ownership of such lands, action by the State of Oregon to determine and assert its interests, if any, in such lands is necessary for a prompt and orderly resolution of such uncertainty.
(2) The Legislative Assembly finds therefore, that it is in the public interest to direct the State Land Board and the Department of State Lands to continue the study of the Willamette River and to conduct studies of the lands formerly submerged or submersible within other navigable bodies of water in this state and, at the conclusion of each such study, to resolve conflicting ownership claims between the state and private owners by asserting interests remaining or vested in the state in such lands. [1973 c.329 §1]
274.965 Determination of state interest; designation of areas; study deadlines. (1) The State Land Board shall direct the Department of State Lands to determine whether any interest remains or is vested in the State of Oregon with respect to land that was formerly submerged or submersible land within the bed and banks of a navigable body of water in this state.
(2) In directing a determination by the department under subsection (1) of this section, the board may designate a specifically described area of land within which the department shall make its determination.
(3) The board and the department shall conclude their study of lands formerly submerged or submersible within the Willamette River and carry out their duties under ORS 274.960 to 274.985 with respect to such lands prior to July 1, 1979.
(4) The board and the department shall carry out their duties under ORS 274.960 to 274.985 with respect to lands formerly submerged or submersible within navigable bodies of water in this state, other than the Willamette River, prior to July 1, 1979. [1973 c.329 §3; 1977 c.757 §1]
274.967 Department studies; report, submission to board; hearings. (1) At the direction of the State Land Board pursuant to ORS 274.965, the Department of State Lands shall conduct a study to determine:
(a) The location of any land that was formerly submerged or submersible within the bed and banks of a navigable body of water.
(b) Nature and extent of the interest, if any, that remains or is vested in the State of Oregon with respect to such land.
(2) Upon completion of its study of land required by the board pursuant to ORS 274.965, the department shall prepare a report of its findings under subsection (1) of this section with respect to such land. The department shall submit the report to the board.
(3) The department shall hold such public informational hearing or hearings as the board may direct, with appropriate notice to affected property owners. [1973 c.329 §§4,5; 1977 c.757 §2]
274.970 Board review; referral to department for further study; adoption. (1) Upon receipt by the State Land Board of a report submitted by the Department of State Lands, the board shall review the report of the department.
(2) If the board finds that the report is incomplete in any respect, it may refer the report back to the department for further study. In case of such referral the board may request additional information and may request modification of the department’s report.
(3) If a report is referred back to the department pursuant to subsection (2) of this section, the department shall compile the additional information, if any, that was requested and shall revise the report in compliance with the directions, if any, of the board.
(4) The board shall adopt a report of the department submitted pursuant to ORS 274.967 (2), if it finds the report to be complete and accurate. [1973 c.329 §6]
274.973 [1973 c.329 §7; repealed by 1977 c.757 §3]
274.975 Board declaration of state interest; effect. (1) Upon the conclusion of each public hearing held under ORS 274.967 (3) and the modification, if any, of the report upon which such hearing was held, the State Land Board shall declare the nature and extent of any interest that remains or is vested in the State of Oregon with respect to the land described in the report.
(2) Except as it may be modified upon review pursuant to ORS 274.985, a declaration made by the board pursuant to subsection (1) of this section shall be binding upon the State of Oregon with respect to interest of the State of Oregon in the land described in the declaration. [1973 c.329 §8; 1983 c.740 §71]
274.977 Notification of declaration to public, landowners. Immediately following a declaration made by the State Land Board pursuant to ORS 274.975, the board shall:
(1) Cause notice of the declaration to be published once each week for four successive weeks in each county that has within its boundaries land described in such declaration:
(a) Describing such land. Such notice need not describe the land in legal terms, but by the use of common descriptions or maps shall be designed to identify the lands in a manner intelligible to the layman;
(b) Stating that a copy of the declaration has been recorded in the deed records of the county; and
(c) Advising that any person aggrieved by the declaration may seek judicial review of the declaration pursuant to ORS 274.985.
(2) Send to each owner of record of land described in the declaration a copy of the declaration made with respect to the land and a statement advising such owner that the owner may seek judicial review of such declaration pursuant to ORS 274.985. [1973 c.329 §9]
274.980 Board to send copy of declaration to affected counties; recording required. (1) The State Land Board shall send a copy of each declaration made pursuant to ORS 274.975 to the recording officer of each county that has within its boundaries land described in the declaration.
(2) Upon receipt of the copy of a declaration submitted to the recording officer under subsection (1) of this section, the recording officer of the county shall record the declaration in the permanent deed records of the county. [1973 c.329 §11; 1999 c.803 §6]
274.983 Forwarding original declarations and administrative records to director; disposition; use of certified copy as evidence. (1) The State Land Board shall forward the original of each declaration made pursuant to ORS 274.975 (1) and the administrative record upon which such declaration was based to the Director of the Department of State Lands.
(2) The director shall maintain each declaration in the permanent deed records of the State of Oregon and maintain all other materials submitted to the director with each such declaration in the files of the Department of State Lands.
(3) A copy of a declaration or any part of the administrative record upon which the declaration is based, that is in the custody of the department pursuant to subsections (1) and (2) of this section, and that is certified by the director as a true and correct copy of the original thereof, shall be received into evidence by any court of this state with like force and effect as the original. [1973 c.329 §§10,13]
274.985 Judicial review of declarations. Any person who is aggrieved by a declaration of the State Land Board made pursuant to ORS 274.975 may seek judicial review of such declaration in the manner provided in ORS chapter 183 for judicial review of final orders in contested cases. [1973 c.329 §12]
PENALTIES
274.990 Criminal penalties. Violation of ORS 274.745 or 274.895, or any rule promulgated under such sections, is a misdemeanor. [Amended by 1967 c.421 §179; part renumbered 390.990; 1969 c.594 §48]
274.992 Civil penalty for violation of ORS 274.040. (1) Any person who violates any provision of ORS 274.040 or any rule, order or lease adopted or issued under ORS 274.040 shall be subject to a civil penalty in an amount to be determined by the Director of the Department of State Lands of not more than $1,000 per day of violation.
(2) Civil penalties under this section shall be imposed in the manner provided in ORS 183.745.
(3) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law.
(4) Any civil penalty recovered under this section shall be deposited in the Common School Fund for use by the Department of State Lands in administration of ORS 274.040 and as otherwise required by law. [1991 c.521 §4; 1991 c.734 §113]
274.994 Amount of civil penalty for violation of ORS 274.040; rules; considerations in imposing penalty. (1) The Director of the Department of State Lands shall adopt by rule the amount of civil penalty that may be imposed for a particular violation of ORS 274.040.
(2) In imposing a penalty under the schedule adopted under subsection (1) of this section, the director shall consider the following factors:
(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.
(b) Any prior violations of statutes, rules, orders and leases pertaining to submerged and submersible lands.
(c) The impact of the violation on public interests in fishery, navigation and recreation.
(d) Any other factors determined by the director to be relevant and consistent with the policy of ORS 274.040.
(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the director determines to be proper and consistent with the policy of ORS 274.040. Upon the request of the person incurring the penalty, the director shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated. [1991 c.521 §5]
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