75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 59

                        Senate Bill 1023

Sponsored by Senator JOHNSON (at the request of The City of
  Clatskanie) (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Specifies that State of Oregon waives all claim to title to
certain lands. Recognizes private ownership of those lands.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to title to lands; and declaring an emergency.
  Whereas lands within the city limits of Clatskanie were granted
into private ownership prior to Oregon statehood under the
federal Donation Land Claim Act of 1850; and
  Whereas the donation land claim descriptions included the
submerged and submersible lands of the Clatskanie River in the
federal conveyance; and
  Whereas the course and nature of the Clatskanie River were
changed significantly by man-made avulsion subsequent to the
federal land grants; and
  Whereas in a 1902 case, Omar J. Bryant et al. vs. Hannah
Conyers et al., the Circuit Court of the State of Oregon
reaffirmed the private ownership of the submerged and submersible
lands of the Clatskanie River; and
  Whereas the State Land Board recognized and affirmed the 1902
Circuit Court decision and the private ownership of the submerged
and submersible lands of the Clatskanie River in a conveyance and
quitclaim deed signed by Oregon Governor Douglas McKay on October
27, 1949 (State Records of Deeds, book 52, page 54, and book 50,
page 92); now, therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The State of Oregon waives all claim to
title to the submerged and submersible lands of the Clatskanie
River lying within the E.G. Bryant (Land Claim 37), Isaac
Waggoner (Land Claim 38) and H.B. Hastings (Land Claim 42)
prestatehood donation land claims, and recognizes the private
ownership of those lands.
  (2) The provisions of this section do not affect the public use
rights in the lands specified in this section. + }
  SECTION 2.  { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage. + }
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