DIVISION OF STATE LANDS v. SALOT

No. 16-82-07997; CA A28258.

674 P.2d 93 (1984)

66 Or.App. 492

State of Oregon, by and through the DIVISION OF STATE LANDS, Respondent, v. Henry SALOT, Sarah G. Salot, Carl Wilson, Rose Wilson, John E. Jacqua and Rosamond R. Jacqua, Appellants.

Court of Appeals of Oregon.

Decided January 11, 1984.

Reconsideration Denied February 24, 1984.


Attorney(s) appearing for the Case

Donald J. Morgan, Portland, argued the cause for appellants. With him on the briefs was Wood, Tatum, Mosser, Brooke & Holden, Portland.

Peter S. Herman, S. Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., William F. Gary, Deputy Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.


PER CURIAM.

Defendants in this declaratory judgment proceeding, riparian owners of property along the lower reaches of the McKenzie River, appeal from a trial court decree that the state is the owner of the bed of the river. We affirm.

The McKenzie was, in 1859, a navigable river. State of Oregon v. Riverfront Protective Assoc., 672 F.2d 792 (9th Cir.1982). Upon entering the union, the state took title to the bed of...

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