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BRUSCO TOWBOAT v. STATE, BY & THROUGH STRAUB

567 P.2d 1037 (1977)

30 Or.App. 509

BRUSCO TOWBOAT Co., Knappton Towboat Co., the Mirene Co., Pacific Inland Navigation Co., Ramona Towboat Co., Inc., Sause Bros. Ocean Towing Co., Inc., Shaver Transportation Co., Shepard Towing Co., Smith Tug & Barge Co., Tidewater Barge Lines, Inc., Western Transportation Co. and Willamette Tug & Barge Co., Appellants, v. The STATE of Oregon, Acting BY and THROUGH Robert W. STRAUB, Clay Myers and James Redden, Constituting the State Land Board, Respondent. The State of Oregon, Respondent, v. FORT VANCOUVER PLYWOOD CO., a Corporation, Appellant. Port of Astoria, Port of Alsea, Port of Arlington, Port of Bay City, Port of Brookings, Port of Cascade Locks, Port of Coos Bay, Port of Gold Beach, Port of Hood River, Port of Morrow, Port of Newport, Port of Portland, Port of Port Orford, Port of Siuslaw, Port of St. Helens, Port of the Dalles, Port of Tillamook Bay, Port of Toledo, Port of Umatilla and Port of Umpqua, Appellants, v. STATE of Oregon, Acting BY and THROUGH Robert W. STRAUB, Clay Myers and James Redden, Constituting the State Land Board, Respondent.

Court of Appeals of Oregon.

Decided August 17, 1977.

Attorney(s) appearing for the Case

Alex L. Parks, Portland, argued the cause for appellants. With him on the briefs were Malcolm J. Montague, Clemens E. Ady and White, Sutherland, Parks & Allen, Portland.

James C. Rhodes, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., W. Michael Gillette, Sol. Gen., and Peter S. Herman, Senior Counsel, Salem.

Jane R. Hotneier and Jan S. Pauw, Tacoma, Wash., filed a brief amicus curiae for Weyerhaeuser Co.

Before SCHWAB, C.J., and THORNTON and TANZER, JJ.

TANZER, Judge.

The basic issue in each of these three consolidated cases is the validity of rules promulgated by the State Land Board requiring users to enter into leases and to pay rent for the use of submerged and submersible lands underlying navigable waterways throughout the state.1

The first case, an action in ejectment, was commenced by the Board against the Fort Vancouver Plywood Company to compel it either to enter into...

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