State ex rel. Cox v. Hibbard
Citation: 8 ELR 20127
No. No. CA. No. 7125, 570 P.2d 1190/31 Or. App. 269, (Or. Ct. App., 10/24/1977)
The Oregon Court of Appeals affirms a lower court decree enjoining owners of unpatented mining claims on federal lands from removing more than 50 cubic yards of material a year from Forest Creek without obtaining a state permit. The court rules that the federal mining laws do not indicate an intent to preempt state regulation and that there is in any case no conflict between the provisions of these laws and the Oregon Fill and Removal Act, which requires a state permit for the removal of material from stream beds. Nor does the state permit requirement unconstitutionally impair any contractual rights implicitly accruing to defendants out of the federal or state mining laws. Defendants are likewise mistaken in contending that the state requirements represent an unconstitutional taking of their property.
Counsel for Plaintiff
Al J. Laue, Ass't Attorney General; James A. Redden, Attorney General; W. Michael Gillette
Department of Justice
State Office Bldg., Salem OR 97310
Counsel for Defendants
William B. Murray
1606 Standard Plaza, Portland OR 97204
Before SCHWAB, C.J., and THORNTON and TANZER, JJ.