OAG 40-47.

Case DateAugust 23, 1940
CourtOregon
Oregon Attorney General Opinions 1940. OAG 40-47. 56OPINION NO. 40-47[20 Or. Op. Atty. Gen. 56]State's claim to bed of Summer lake is based upon sovereignty.State land board not authorized to convey title to such land without compensation. Such conveyances should be by bargain and sale deed.No such sales can be made for less than $5 per acre. Payments so made cannot be refunded in the event of failure of title.August 23, 1940.Oregon State Game Commission.Gentlemen: Under date of August 19, 1940, you state that in considering further the plan of the state game commission to establish a wildlife restoration area on Summer lake with funds available to it through the Federal Aid to Wildlife Restoration act, it appears desirable that you have legal interpretations of certain phases of the problems encountered. You request my opinion as to the following questions, which will be stated and answered in the order presented.
"1. Upon what authority or legal theory does the state land board claim the bed of Summer lake?"
Upon the authority that the lake was navigable at the time the state of Oregon was admitted to the Union, and the title to the bed of the lake thereupon be57came vested in the State by reason of its sovereignty.
"2. Is it imperative that the game commission pay the land board for these lake bed lands if title already vests in the State of Oregon."
The state land board is not authorized to convey title to any of said lands without compensation therefor. Section 60-701, Oregon Code 1930, provides:
"The title to the beds of all navigable lakes in this state now existing or which may have been in existence in 1859, when the state was admitted to the Union, or at any time since said date, and which has not become vested in any person, firm or corporation, is vested in and claimed by the state of Oregon, * * *."
Section 60-711, Oregon Code 1930, confirms leases to the beds of Summer and Albert lakes entered into between the state land board and Jason C. Moore. Said lease is no longer in effect, but the state land board has subsequently entered into similar leases, the consideration for which was to be paid into the common school fund of the state of Oregon and become a part of the principal thereof. Section 60-301, Oregon Code 1930, classifies state lands. The classification includes tide and overflow lands, which...

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