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Hay v. Bruno

Citation: 2 ELR 20383
No. No. 68-300, 344 F. Supp. 286/(D. Or., 06/06/1972)

Oregon statute which recognizes all easements acquired by the public by prescription or otherwise, in-land below the high water mark, and prohibits all construction in this area without a permit, is not an unconstitutional taking of a beachfront owner's property without due process. The states are free to make changes in their real property law, subject only to the requirement that the changes not be so unpredictable as to amount to a taking of property which prior law clearly recognized. Plaintiffs have been aware of the public's use of and claim to the land below high tide since their acquisition of title.

Counsel for Plaintiffs
Clifford B. Alterman
Commonwealth Building
Portland, Oregon 97204

Gerad K. Drummond
William C. Scott, Jr.
1400 Public Service Building
Portland, Oregon 97204

Counsel for Defendants
Lee Johnson Attorney General
George E. Rohde
Peter S. Herman
Frank C. McKinney
Philip J. Engelgau Asst. Attorneys General
State Office Building
Salem, Oregon 97310

Before CARTER and KILKENNY, Circuit Judges, and SOLOMON, District Judge.