Or. Admin. Code § 141-067-0195

Current through Register Vol. 63, No. 10, October 1, 2024

Section 141-067-0195 - Resolving Ownership of Formerly Submerged and Submersible Lands

(1) Any person interested in resolving ownership of formerly submerged and submersible lands may meet with the Department to discuss the facts concerning the creation and ownership of the lands in question.

(2) Based on the facts presented, as well as the Department's own investigation, the Department may do the following:

(a) Agree that the Department has no interest in the formerly submerged or submersible land;

(b) Determine who is entitled to purchase the formerly submerged or submersible land under these rules;

(c) Enter into litigation to resolve the ownership issue, including but not limited to a suit to quiet title;

(d) Enter into negotiation in lieu of litigation with the person to resolve the ownership question;

(e) Request more information from the landowner or person; or

(f) Pursue other actions aimed at resolving the ownership question.

(3) Factors the Department may weigh in determining its course of action include but are not limited to:

(a) The chronological history of the creation of the formerly submerged or submersible land;

(b) The identity of the person(s) who created the formerly submerged or submersible land;

(c) The past actions of the Department regarding the sale of submersible lands;

(d) The identity of the current riparian owner;

(e) The cause for the change in the location of the waterway; and

(f) The relative strength of the Department's ownership claim.

Or. Admin. Code § 141-067-0195

DSL 6-2009, f. & cert. ef. 7-1-09; DSL 2-2016, f. 5-13-16, cert. ef.6/1/2016; DSL 2-2017, f. & cert. ef. 1/12/2017

Stat. Auth.: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940, 274.960 - 274.985

Stats. Implemented: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940, 274.960 - 274.985