OAG 40-10.

• Case Date: July 10, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-10. 13OPINION NO. 40-10[20 Or. Op. Atty. Gen. 13]In emergency Oregon state game commission may purchase land necessary for use of Eel lake as a breeding place for trout, subject to conditions and exceptions as to title which are to be removed later.July 10, 1940.Oregon State Game Commission.Gentlemen: You have referred to me the resolution adopted at a recent meeting of your commission, which was presented by Commissioner Aiken who moved for its adoption, which motion was seconded by Commissioner Rose, and upon vote taken was unanimously adopted, and have handed me a copy of such resolution, which copy is hereto attached and returned. Said resolution has reference to the title of lands therein described surrounding Eel lake, which lands your commission is desirous of purchasing in order that it may use said Eel lake as a brood lake for trout, and has agreed with the owner upon terms of purchase satisfactory to your commission, and submitted abstract of title to this office upon which opinion has been rendered relative to the title to such lands. The resolution sets forth:

"Whereas, said attorney general gave to said state game commission his opinion on the title to said lands based on said abstract of title, wherein he gave it as his opinion that the title to said lands was vested in fee simple in Mary Noble, subject to the following, as stated in said opinion, to-wit:"

There follows a statement of numerous conditions and exceptions as shown by such abstract of title, which constitute clouds upon such title by way of contingent easements or burdens upon such title, but do not go to the right of possession or use of such lands and the lake surrounded by them by your commission for the purpose for which it desires to use the same, and are contingent upon the happening of the circumstances therein discussed which may never happen, and if they do, will not deprive your commission of the...