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State v. Fultz

Citation: 2 ELR 20381
491 P.2d 1171/261 Or. 289, (Or., 12/22/1971)

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 which 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, Oregon 97310

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

In Banc