Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Division shall select a date and time
when it will present the Final Navigability Report to the Land Board, and shall
prepare a meeting notice. The notice shall:
(a) Briefly describe the findings and
conclusions of the Final Navigability Report and advise people how to obtain a
copy;
(b) Be published not less
than once each week for three (3) successive weeks in a statewide newspaper,
and also a newspaper of general circulation in the area in which the waterway
segment is located; and
(c) Be sent
to affected property owners, persons who request such notices, and other
interested persons (for example, local government, watershed councils, etc.).
The Division shall also send a copy of the Draft Navigability Study to county
public libraries in the area of the subject waterway segment.
(2) The Land Board shall consider
the evidence in the record and the Division's findings and conclusions as
contained in the Final Navigability Report, and shall make a decision
concerning the nature and extent of the state's claim to the land underlying
the waterway segment. Based on the information provided, the Land Board may
adopt the findings and conclusions contained in the Final Navigability Report
if substantial evidence in the record supports the report's findings and
conclusions.
(3) If the Land Board
adopts the findings and conclusions contained in the Final Navigability Report,
it shall issue a written declaration which:
(a) States the nature and extent of the
state's claim to the land underlying the subject waterway segment;
(b) Clearly describes the location of the
land claimed by the state using common descriptions or maps designed to
identify the land or waterway segment in a manner intelligible to the lay
person and useful in establishing the exact location of the state claim in
relation to existing legal descriptions;
(c) Advises that any person aggrieved may
seek judicial review of the declaration subject to the provisions of ORS
183.310 to
183.550;
(d) Is published not less than once each week
for three (3) successive weeks in a statewide newspaper, and also a newspaper
of general circulation in the area the waterway segment is located;
and
(e) Is sent to affected
property owners, persons who request such notices, and other interested persons
(for example, local government, watershed councils, etc.).
Stat. Auth.: ORS 273 .041 - ORS 273 .185 & ORS 274 .400 -
ORS 274 .412
Stats. Implemented: ORS 274 .400 - ORS 274 .412
