Opinion

Corvallis Sand & Gravel Co. v. State Land Board

  • 250 Or. 319
  • 439 P.2d 575
  • 1968 Ore. LEXIS 550
Court
Oregon Supreme Court
Filed
Apr 10, 1968
Status
Published
Author
Denecke
On the bench
Perry, McAllister, Sloan, O'Connell, Goodwin, Denecke, Lusk
Cited by
28 cases

explaining that state holds title to public trust resources but title is held “not in a proprietary capacity, but in its sov- ereign capacity, that is to say, as trustee for the public”

How later courts described this case

  • explaining that state holds title to public trust resources but title is held “not in a proprietary capacity, but in its sov- ereign capacity, that is to say, as trustee for the public”
  • “[T]he state can make no sale or disposal of the soil underlying its navigable waters so as to prevent the use by the public of such waters for the purposes of navigation and fishing.”
  • applying nullum tempus rule, the defense of laches is not available against “the government, state or national * * *”
  • "These 'public rights' are the rights of navigation and fishery and the state has no authority to dispose of the submerged lands in such a manner as to interfere with these rights."

Written by the judges who cited it.

The opinion

DENECKE, J.,

specially concurring.

I concur solely upon the ground that laches is only a defense against a party seeking equitable relief and is not available as a defense to a law action of ejectment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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