ELR Citation: ELR 20381
(Or. Dec 22, 1971)

Oregon Pacific Ocean shore-lands which have been used by the public as public recreational land, according to unbroken custom running back in time as long as the land has been inhabited, are impressed with a public easement for recreational purposes. A state statute recognizing this easement and establishing regulatory machinery for its protection is constitutional. See State ex rel. Thornton v. Hay, 462 P.2d 671 (1969). The state's denial of an oceanfront property owner's request for permission to build a road on lands that are subject to the public's easement is upheld, because it would interfere with the recreational use of the beach.

Counsel for Oregon
Frank C. McKinney, Asst. Attorney General
Department of Justice
100 State Office Building
Salem, OR 97310

Counsel for Defendants
George P. Winslow
312 Laurel Street
Tillamook, OR 97141

En banc