Oregon Beach Bill
Encyclopedia
The Oregon Beach Bill 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 to sixteen vertical feet above the low tide mark.
to private landowners. Resorts grew up around the beaches at Seaside
, Newport
, and Rockaway, and the newly completed railroads brought tourists from the population centers of the Willamette Valley
for weekend vacations. By 1901, about 23 miles (37 km) of tideland had been sold.
In 1911, governor Oswald West
was elected on the promise to reclaim Oregon's beaches as public land. The legislature favored the privatization of these lands, but West was able to make an argument for public ownership based on the need for transportation. The 1913 legislature
declared the entire length of the ocean shore from Washington to California as a state highway. Legislators also created the State Highway Commission
, which began the construction of Highway 101
. The Parks and Recreation Department, a branch of the highway commission, bought land for 36 state parks along the coastal highway, an average of one every 10 miles (16.1 km). With the completion of the highway and parks system, coastal tourism skyrocketed.
motel owner William Hay fenced some dry sands above the high tide
line and reserved it for private use. After citizens complained to the state government, state legislators put forward the Oregon Beach Bill, modeled on the Texas Open Beaches Act
. Conservative Republicans
and coastal developers called the bill a threat to private property rights
, and it nearly died in the legislature. In response, Governor Tom McCall
staged a dramatic media event on May 13, 1967, flying two helicopters to the beach with a team of surveyors and scientists. The ensuing media coverage resulted in overwhelming public demand for the bill. The bill was passed by the legislature in June and signed by McCall on July 6, 1967.
The Beach Bill declares that all "wet sand" within sixteen vertical feet of the low tide line belongs to the state of Oregon. In addition, it recognizes public easement
s of all beach areas up to the line of vegetation, regardless of underlying property rights. The public has "free and uninterrupted use of the beaches," and property owners are required to seek state permits for building and other uses of the ocean shore. While some parts of the beach remain privately owned, state and federal courts have upheld Oregon’s right to regulate development of those lands and preserve public access.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
, passed by the 1967 session of the Oregon Legislature. It established public ownership of land along the Oregon Coast
Oregon Coast
The Oregon Coast is a region of the U.S. state of Oregon. It runs generally north-south along the Pacific Ocean, forming the western border of the state; the region is bounded to the east by the Oregon Coast Range. The Oregon Coast stretches approximately from the Columbia River in the north to...
from the water up to sixteen vertical feet above the low tide mark.
Background
After Oregon achieved statehood in 1859, the completion of railroads through the Coast Range mountains encouraged land development along the ocean shore. In 1874, the Oregon State Land Board began selling public tidelandsTidelands
Tidelands are the territory between the high and low water tide line of sea coasts, and lands lying under the sea beyond the low-water limit of the tide, considered within the territorial waters of a nation. The United States Constitution does not specify whether ownership of these lands rests with...
to private landowners. Resorts grew up around the beaches at Seaside
Seaside, Oregon
Seaside is a city in Clatsop County, Oregon, United States. The name Seaside is derived from Seaside House, a historic summer resort built in the 1870s by railroad magnate Ben Holladay. The city's population was 6,457 at the 2010 census.-History:...
, Newport
Newport, Oregon
Newport is a city in Lincoln County, Oregon, United States. It was incorporated in 1882, though the name dates back to the establishment of a post office in 1868...
, and Rockaway, and the newly completed railroads brought tourists from the population centers of the Willamette Valley
Willamette Valley
The Willamette Valley is the most populated region in the state of Oregon of the United States. Located in the state's northwest, the region is surrounded by tall mountain ranges to the east, west and south and the valley's floor is broad, flat and fertile because of Ice Age conditions...
for weekend vacations. By 1901, about 23 miles (37 km) of tideland had been sold.
In 1911, governor Oswald West
Oswald West
Oswald West was an American politician, a Democrat, who served most notably as the 14th Governor of Oregon. Called "Os West" by Oregon writer Stewart Holbrook, who described him as "by all odds the most brilliant governor Oregon ever had."- Early life and career :West was born in Ontario, Canada...
was elected on the promise to reclaim Oregon's beaches as public land. The legislature favored the privatization of these lands, but West was able to make an argument for public ownership based on the need for transportation. The 1913 legislature
Oregon Legislative Assembly
The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the House of Representatives, with 60 members elected to...
declared the entire length of the ocean shore from Washington to California as a state highway. Legislators also created the State Highway Commission
Oregon Department of Transportation
The Oregon Department of Transportation is a department of the state government of the U.S. state of Oregon responsible for systems of transportation. It was first established in 1969. It had been preceded by the Oregon State Highway Department which, along with the Oregon State Highway...
, which began the construction of Highway 101
U.S. Route 101 in Oregon
In the U.S. state of Oregon, U.S. Route 101, a major north–south U.S. Highway, runs through the state along the coastline near the Pacific Ocean. In Oregon, it runs from the Oregon–California border, south of Brookings, to the Oregon–Washington border on the Columbia River, between Astoria,...
. The Parks and Recreation Department, a branch of the highway commission, bought land for 36 state parks along the coastal highway, an average of one every 10 miles (16.1 km). With the completion of the highway and parks system, coastal tourism skyrocketed.
History
Oregon's public lands claim was challenged in 1966, when Cannon BeachCannon Beach, Oregon
Cannon Beach is a city in Clatsop County, Oregon, United States. The population was 1,588 as of the 2000 census. The 2007 estimate is 1,680 residents.- History :...
motel owner William Hay fenced some dry sands above the high tide
Tide
Tides are the rise and fall of sea levels caused by the combined effects of the gravitational forces exerted by the moon and the sun and the rotation of the Earth....
line and reserved it for private use. After citizens complained to the state government, state legislators put forward the Oregon Beach Bill, modeled on the Texas Open Beaches Act
Texas Open Beaches Act
The Texas Open Beaches Act is a U.S. state of Texas law, passed in 1959 and amended in 1991, which guarantees free public access to beaches on the Gulf of Mexico:...
. Conservative Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
and coastal developers called the bill a threat to private property rights
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
, and it nearly died in the legislature. In response, Governor Tom McCall
Tom McCall
Thomas Lawson McCall was an American politician and journalist in the state of Oregon. A Republican, he was the 30th Governor of Oregon from 1967 to 1975. A native of Massachusetts, he grew up there and in Central Oregon before attending the University of Oregon...
staged a dramatic media event on May 13, 1967, flying two helicopters to the beach with a team of surveyors and scientists. The ensuing media coverage resulted in overwhelming public demand for the bill. The bill was passed by the legislature in June and signed by McCall on July 6, 1967.
The Beach Bill declares that all "wet sand" within sixteen vertical feet of the low tide line belongs to the state of Oregon. In addition, it recognizes public easement
Easement
An easement is a certain right to use the real property of another without possessing it.Easements are helpful for providing pathways across two or more pieces of property or allowing an individual to fish in a privately owned pond...
s of all beach areas up to the line of vegetation, regardless of underlying property rights. The public has "free and uninterrupted use of the beaches," and property owners are required to seek state permits for building and other uses of the ocean shore. While some parts of the beach remain privately owned, state and federal courts have upheld Oregon’s right to regulate development of those lands and preserve public access.
See also
- Land use in OregonLand use in OregonLand use in Oregon are the evolving laws affecting land ownership and its restrictions in the U.S. state of Oregon.- Timeline :* 1822: Henry Schenck Tanner's map of the U.S...
- Willamette GreenwayWillamette GreenwayThe Willamette River Greenway Program, established by the 1967 Oregon legislature, is a cooperative state and local government effort to maintain and enhance the scenic, recreational, historic, natural and agricultural qualities of the Willamette River and its adjacent lands...
: another public access initiative proposed in 1966 - Texas Open Beaches ActTexas Open Beaches ActThe Texas Open Beaches Act is a U.S. state of Texas law, passed in 1959 and amended in 1991, which guarantees free public access to beaches on the Gulf of Mexico:...