Land use in Oregon concerns the evolving set of laws affecting

land ownership In common law systems, land tenure, from the French verb "tenir" means "to hold", is the legal regime in which land owned by an individual is possessed by someone else who is said to "hold" the land, based on an agreement between both individual ...

and its restrictions in the

U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...

of Oregon.

Timeline

* 1822:

Henry Schenck Tanner Henry Schenck Tanner (1786–1858), was an American cartographer, born in New York City. He produced ''A Geographical and Statistical Account of the Epidemic Cholera from its Commencement in India to its Entrance into the United States'' in 18 ...

's map of the U.S. is likely the first to identify the "Oregon Terry." * 1850:

Donation Land Act The Donation Land Claim Act of 1850, sometimes known as the Donation Land Act, was a statute enacted by the United States Congress in late 1850, intended to promote homestead settlements in the Oregon Territory. It followed the Distribution-Pree ...

* 1851:

Willamette Stone The Willamette Stone was a small stone obelisk originally installed by the Department of Interior in 1885 in the western hills of Portland, Oregon in the United States to mark the intersection and origin of the Willamette meridian and Willamett ...

sited, became the basis for property lines throughout Oregon and Washington. * 1862:

Homestead Act The Homestead Acts were several laws in the United States by which an applicant could acquire ownership of government land or the public domain, typically called a homestead. In all, more than of public land, or nearly 10 percent of ...

(in effect till 1976, and 1986 in Alaska) * October 27, 1868: Corvallis College (now

Oregon State University Oregon State University (OSU) is a Public university, public Land-grant university, land-grant, research university in Corvallis, Oregon. OSU offers more than 200 undergraduate-degree programs along with a variety of graduate and doctoral degree ...

) was designated Oregon's first and only

Land Grant College A land-grant university (also called land-grant college or land-grant institution) is an institution of higher education in the United States designated by a state to receive the benefits of the Morrill Land-Grant Acts, Morrill Acts of 1862 and ...

under the federal

Morrill Land-Grant Colleges Act The Morrill Land-Grant Acts are United States statutes that allowed for the creation of land-grant colleges in U.S. states using the proceeds from sales of federally-owned land, often obtained from indigenous tribes through treaty, cession, or ...

. * 1869:

Oregon and California Railroad The Oregon and California Railroad was formed from the Oregon Central Railroad when it was the first to operate a stretch south of Portland in 1869. This qualified the railroad for land grants in California, whereupon the name of the railroad s ...

(O&C) receives land grant from US government with mandate to sell to settlers at $2.50/acre * 1878:

Timber and Stone Act The Timber and Stone Act of 1878 in the United States sold Western timberland for $2.50 per acre ($618/km2) in 160 acre (0.6 km2) blocks. Land that was deemed "unfit for farming" was sold to those who might want to "timber and stone" ( logging an ...

William Charles Morris cartoon, illustrating the prediction of Secretary of the Interior Gifford Pinchot, who warned U.S. timber resources in the west would be depleted. * 1903: Southern Pacific Railroad, which acquired the O&C railroad, announces it will no longer sell land, in violation of terms of the land grant * up to 1905: Abuse of land grant process results in

Oregon land fraud scandal The Oregon land fraud scandal of the early 20th century involved U.S. government land grants in the U.S. state of Oregon being illegally obtained with the assistance of public officials. Most of Oregon's U.S. congressional delegation received ...

* 1907: Three Arch Rocks first National Wildlife Refuge established west of Mississippi * 1907: Walter Lafferty begins lawsuit on behalf of 18 western Oregon counties affected by the land fraud scandal * 1913: public access to beaches formalized—originally for use as highways—codified general public understanding under

Oswald West Oswald West (May 20, 1873 – August 22, 1960) was an American politician, a Democrat, who served most notably as the 14th Governor of Oregon. He was called "Os West" by Oregon writer Stewart Holbrook, who described him as "by all odds the mos ...

* 1916: U.S. Congress passes Chamberlain-Ferris Act, which established payments for timber sales on 2.4 million acres of

O&C lands The Oregon and California Railroad Revested Lands (commonly known as O&C Lands), are approximately of land located in eighteen counties of western Oregon. Originally granted to the Oregon & California Railroad to build a railroad between Portl ...

, located in 18 Oregon counties; modified by the Stanfield Act of 1926 * 1937: Congress passes the Oregon and California Railroad and

Coos Bay Wagon Road The Coos Bay Wagon Road or Coos Bay Military Wagon Road was a pioneer road in the U.S. state of Oregon that connected Douglas County to Coos Bay starting in 1872. Travelers on the road could start in either Tenmile or Lookingglass near Roseburg. ...

Grant Lands Act of 1937 ( O&C Act), which further modifies the terms of the timber payments to O&C counties; payments are reduced in 1953. * 1933–1951: Fire destroys much of what is now known as the

Tillamook State Forest The Tillamook State Forest is a publicly owned forest in the U.S. state of Oregon. Managed by the Oregon Department of Forestry, it is located west of Portland in the Northern Oregon Coast Range, and spans Washington, Tillamook, Yamhill, and ...

in the

Tillamook Burn The Tillamook Burn was a series of forest fires in the Northern Oregon Coast Range of Oregon in the United States that destroyed a total area of of old growth timber in what is now known as the Tillamook State Forest. There were four wildfir ...

* 1961: Farm tax deferral * 1963: Exclusive Farm Use (EFU) zoning * 1967:

Oregon Beach Bill The Oregon Beach Bill (House Bill 1601, 1967) was a piece of landmark legislation in the U.S. state of Oregon, passed by the 1967 session of the Oregon Legislature. It established public ownership of land along the Oregon Coast from the water up ...

establishes public ownership of land along the

Oregon Coast The Oregon Coast is a coastal region of the U.S. state of Oregon. It is bordered by the Pacific Ocean to its west and the Oregon Coast Range to the east, and stretches approximately from the California state border in the south to the Columbia ...

** Willamette River Greenway * 1969: Senate Bill 10 required comprehensive land use plans for every city and county. ** Sohappy v. Smith, along with Washington's

Boldt Decision ''United States v. Washington'', 384 F. Supp. 312 (W.D. Wash. 1974), aff'd, 520 F.2d 676 (9th Cir. 1975), commonly known as the Boldt Decision (from the name of the trial court judge, George Hugo Boldt), was a legal case in 1974 heard in ...

, established fishing rights for Native Americans * 1970: Measure 11 failed (44%) * 1971: Oregon Coastal Conservation and Development Commission (see Wilbur Ternyik) * 1973: Many county-owned forests, largely owned as a result of property foreclosures, dedicated as

* 1981: Senate votes down Senate Bill 945 * 1990: The

northern spotted owl The northern spotted owl (''Strix occidentalis caurina'') is one of three spotted owl subspecies. A western North American bird in the family Strigidae, genus '' Strix'', it is a medium-sized dark brown owl native to the Pacific Northwest ...

is listed as threatened as part of the

Endangered Species Act The Endangered Species Act of 1973 (ESA or "The Act"; 16 U.S.C. § 1531 et seq.) is the primary law in the United States for protecting imperiled species. Designed to protect critically imperiled species from extinction as a "consequence of e ...

; logging on federal lands is ended by court order * 1993: Congress passes the

Omnibus Budget Reconciliation Act of 1993 The Omnibus Budget Reconciliation Act of 1993 (or OBRA-93) was a federal law that was enacted by the 103rd United States Congress and signed into law by President Bill Clinton on August 10, 1993. It has also been unofficially referred to as the Def ...

which replaces timber payments with "safety net" payment to 72 rural counties, including the O&C counties. Payments are to last until 2000. * 1994: The

Northwest Forest Plan The Northwest Forest Plan (NWFP) is a series of federal policies and guidelines governing land use on federal lands in the Pacific Northwest region of the United States. It covers 10 million hectares within Western Oregon and Washington as well ...

is implemented and defines land use on federal lands in the Northwest that sharply reduces timber harvest * 2000: Congress passes the

Secure Rural Schools and Community Self-Determination Act of 2000 The Secure Rural Schools and Community Self-Determination Act of 2000 () was a bill passed into law by the United States Congress on October 30, 2000. The law amended the United States Forest Service's county payments program for FY2001-FY2006 to ...

(SRSCSDA) (often called the county payments program), which authorizes western counties, including the 18 O&C counties along with 15 more Oregon counties with other federal lands, to receive federal payments to compensate for loss of timber revenue for 6 years * 2001: Northwest Coastal Forest Plan established, aimed to balance demands on forests in Tillamook and Clatsop counties. Largely regarded as a failure by 2008. * 2006: SRSCSDA ends and is not reauthorized; as part of another bill, the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, payments were extended another year * 2007: No extension to SRSCSDA is passed and federal payments to rural Oregon counties end; beginning July 1, 2008 Oregon loses $238 million in federal payments * 2008: 4-year extension to SRSCSDA is surprisingly included in

Emergency Economic Stabilization Act of 2008 The Emergency Economic Stabilization Act of 2008, often called the "bank bailout of 2008", was proposed by Treasury Secretary Henry Paulson, passed by the 110th United States Congress, and signed into law by President George W. Bush. It became l ...

. Rep. DeFazio and Sen. Wyden, two of the biggest supporters of extending the payments to Oregon counties, vote against the bill due to their opposition to the overall bailout bill. * 2011: With the extension to SRSCSDA expiring soon, backed by Governor

John Kitzhaber John Albert Kitzhaber (born March 5, 1947) is an American former politician who served as the 35th governor of Oregon from 1995 to 2003, and as the 37th governor of Oregon from 2011 until his resignation in 2015. A member of the Democratic Party ...

and the entire Oregon congressional delegation, Senator

Ron Wyden Ronald Lee Wyden (; born May 3, 1949) is an American politician and retired educator serving as the senior United States senator from Oregon, a seat he has held since 1996. A member of the Democratic Party, he served in the United States House ...

introduces legislation to extend the payments for another five years. Republican and Democratic members of Oregon's congressional delegation have proposed setting aside some of the federal land in Oregon as public trusts in which half would be designated for harvest to provide revenue for the counties, and half designated as a conservation area. * 2012: The extension to SRSCSDA expires in January.

President Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...

's proposed

2013 United States federal budget The 2013 United States federal budget is the budget to fund government operations for the fiscal year 2013, which began on October 1, 2012, and ended on September 30, 2013. The original spending request was issued by President Barack Obama in ...

includes $294 million to extend the program for fiscal year 2013 with a plan to continue the payments for four more years, with the amount declining 10% each year. Congress does not take up the President's proposal, but include a one-year extension to SRSCSDA in its omnibus transportation bill, which is signed by the President. This is expected to be the last renewal of the program.

Senate Bill 100

* 1973: Senate Bills 100 and 101 established Oregon Land Conservation and Development Commission, Oregon Department of Land Conservation and Development, etc. Led to adoption of 14 statewide planning goals and created statewide protections for farmland. * 1976: Measure 10 failed (39%) Measure 12 sought to repeal SB 100. Failed by 60+%. * 1978: Measure 10 sought to repeal SB 100. Failed (39% yes) * 1979: Land Use Board of Appeals (LUBA) created * 1982: Measure 6 sought to repeal SB 100. Fails (45% yes) * 1991: PAPA and PR Reform * 1993: Legislature passes HB 3661 and expands ability to build houses on farm and forestland. * 1995: Republicans introduce multiple bills that strip SB 100. Democrats stop them. * 1997: Republicans introduce multiple bills that strip SB 100. Democrats stop them. * 1998: Measure 65 (sought to roll back land use regulation, failed) * 1999: Measure 56 passed 80% * 2000: Measure 2 (sought to roll back land use regulation, failed, 47% yes) ** Measure 7 — an amendment to the

Oregon Constitution The Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a bill of rights.

which is subsequently declared illegal — passed. controversial but uncontested title language(?) Overturned by Oregon Supreme Court.''League of Oregon Cities v. State'', 334 Or. 645, 56 P.3d 892 (2002)
* 2004:

Measure 37 Oregon Ballot Measure 37 was a controversial land-use ballot initiative that passed in the U.S. state of Oregon in 2004 and is now codified as Oregon Revised Statutes (ORS) 195.305. Measure 37 has figured prominently in debates about the rights o ...

passed (61%). controversial, uncontested title language(?) * 2005–2009: Oregon Big Look Task Force, a citizen commission created by SB 82 of the 2005 session, charged with bringing land use recommendations to 2009 legislature. * 2007: Measure 49 repeals/modifies much of Measure 37.

References

External links

Land use overview
from the

Oregon Blue Book The ''Oregon Blue Book'' is the official directory and fact book for the U.S. state of Oregon prepared by the Oregon Secretary of State and published by the Office of the Secretary's Archives Division. The ''Blue Book'' comes in both print and o ...

Oregon Department of Land Conservation and Development
(established by SB 100) * * * Jerry O'Callaghan
The Disposition of the Public Domain in Oregon
doctoral dissertation (Stanford University), 1951. {{DEFAULTSORT:Land Use In Oregon

Timeline

Senate Bill 100

See also

References

External links