It's in the Oregon Constitution!

[Scruffy Bearded Varmint]

I was doing a little light reading and found the following in the Oregon State Constitution:

Section 18. Private property or services taken for public use. Private property shall not be taken for public use, nor the particular services of any man be demanded, without just compensation; nor except in the case of the state, without such compensation first assessed and tendered; provided, that the use of all roads, ways and waterways necessary to promote the transportation of the raw products of mine or farm or forest or water for beneficial use or drainage is necessary to the development and welfare of the state and is declared a public use.

<font size="2" face="verdana,arial,helvetica">The key phrase for us is ... and waterways necessary to promote the transportation of the raw products of mine or farm or forest or water for beneficial use or drainage is necessary to the development and welfare of the state and is declared a public use.

What it looks like to me the constitution says is that the state must uphold the public's right to the beneficial use of waterways. In other words, any mandate by the state to uphold that right will not be considered a taking. I believe this provides for the easement we have discussed in other threads. But like I said before, I ain't no lawyer.

Now couple that idea with the following landmark Oregon Supreme Court decision that expanded the meaning of commerce as it applies to Oregon waterways.

Guilliams v. Beaver Lake Club, 90 Or. 13, 27, 175 P. 437 (1918)("The vessel carrying a load of passengers to a picnic is in law just as much engaged in commerce as the one carying grain or other merchandise.")

It is interesting to note that the above case was rule on in 1918. The above Constitutional Amendment was proposed in 1919 and adopted by the people of Oregon on May 21, 1920. I suspect the events are connected.

I hope to have this along with many other Oregon Supreme Court decisions up on the CORR web site by the end of next week.

[ 02-03-2004, 09:32 PM: Message edited by: Scruffy Bearded Varmint ]

[blacktail519]

HMMM, Thanks for the info . You have me thinking now... Its to late for that

[Oregonh2o]

SBV

I appreciate your passion around this issue, and don't necessarily agree or disagree with your cause, but my own personal OPINION is that you should give it a rest here.

These posts just start mini-flame wars, with people calling other people ignorant and such. We have all seen the address to your website and know we can got there for up to the minute info.

I only say this, at the risk of seeming hypocritical, because as of late this board is really starting to get too political in nature, with a lot of negative posts. These are the type of things that make great forums mediocre.

I know that I am going to get flamed here for saying this, but just had to get it off my chest.

Keep up the good work,

-B

[garyk]

SBV, a worthwhile post.

Those who don't know their rights are bound to lose them.

And if we don't talk here about our rights to use rivers, where will we?

[fishnpray]

SBV-

Thank you for the information you provide. It is obvious that there are folks that are members of this site that will get upset over topics that are discussed here. The difference between somone who is educated and someone who is ignorant is, I believe, found in the ability to conduct and argument with reason and respect. Over time, examples of this pop up on the board. I think it is healthy for us to have as much information as possible. People are going to have biases. It is what they do with these biases that counts.
-Luis

[drhall99]

SBV,

Thanks for the reminder. Keep posting. This issue affects all of us.

Doug

It's a good time to bring this out. A Michigan investment banker worth 500,000,000 bought a big chunk of Wheeler County and is fencing off public access to the roads that go through it.

[BuKuBass]

I did some "googling" looking for more information about Keta's post and guess who showed up?
........

Associated Press

A Michigan investment banker who has become one of Oregon's largest landowners has infuriated his new neighbors, cutting off public access to national forests, hunting sites and swimming holes long frequented by rural residents.

Thomas J. Hammond's approach has left some of the conservative citizens of eastern Oregon feeling conflicted.

"He is pushing his property rights, which is his right," said state Sen. Ted Ferrioli, R-John Day, a longtime defender of landowners' rights. "What it boils down to is some folks don't know how to be a neighbor."
........

This person is denying access to national forest land etc. and Ferrioli says the locals aren't neighborly?! The gall of this, this, (insert the derogatory phrase of your choice). I believe (and fervently hope) that he won't be re-elected.

Blade.. "starting to get too political"? The reason that this discussion is political is because the only civilized way that this issue will be resolved is via politics. SVB and others are working hard for the benefit of all who enjoy the rivers of Oregon. To quote a politician, Harry S Truman, "If you can't stand the heat, get out of the kitchen".

[ 02-03-2004, 11:55 PM: Message edited by: BuKuBass ]

[flop eared mule]

SBV,
Keep it coming. I enjoy reading about you posts. Let me know if I can help in any way.

--j

[BUGLEMAN]

SBV your posts is what ifish is all about and has been for years. Thanks for your good effort.

[cosmo]

SBV, I appreciate and applaud your efforts. GaryK said it very well.

[V. Green]

Great post SBV, keep up the good work.

[Freakwater]

SBV,

Keep it up. This is an important issue and I appreciate your efforts.

Freak