By Heather McNeill
One of the biggest concerns and arguments made against Navigability Determinations (clarifying a river is in fact one of the ones owned by the state since 1859) is the issue of property taxes. Many people feel outraged that they have been paying taxes based on acreage to the middle of the river. Taxation varies though, and many people who think they are paying taxes on land to the middle of the river, might not be.
Tax assessment of property happens at the county level. Oregon counties vary in their method for taxing river front land. There are not guidelines or rules for the counties from the Oregon Department of Revenue property tax division. Counties have been going at it with their own methods.
Josephine County method as of 2007
http://www.oregon.gov/DSL/NAV/docs/web_rogue_study/response_josephine_county
.pdf
“The assessors office has not made a determination of the rights of
ownership, but follows the various ownership documents that are recorded
We have not assessed the bed of the Rogue River and in many cases only
assess to the mean ordinary high water mark following ownership documents
provided by owners. …”
Jackson County method as of 2007
http://www.oregon.gov/DSL/NAV/docs/web_rogue_study/response_jackson_county.p
df
“Jackson County uses a 90% reduction of our rural tract rate for (land
located within the bed and banks of the Rogue River)….We determine the
size of the parcel by deed and determine the acreage to the high water line”
What it comes down to is that each river front taxpayer should take the time to carefully review their deed. Many times the property description names the ordinary high water mark as the boundary. There is no standardization of deeds or regulation. Deeds are part of a private transaction between two parties. And then they get turned into the tax assessor office. It is up to the property owner to ensure their deed is accurate, and abides the law.
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Further research should be done on how and why the property tax assessments
are done differently in the different counties.
It seems that the state could easily create a comprehensive approach to navigable rivers by having the following departments/divisions/agencies all have standard policy and public information pieces on river rights law.
Oregon Department of Revenue: property tax division
Oregon Realty Agency
Oregon Marine Board
ODFW (has recently created its first public piece on navigability)
Oregon State Police
DSL (has recently created its first public piece on navigability)
If in standard dealings with each of these agencies citizens were given information about the definition of navigable rivers and that they are state owned since 1859, so much confusion could be cleared up.
If each realtor provided information to both parties during a transaction of river front property… Hallelujah!
If each property tax assessment involved information on navigable rivers….Glory Be!
If each person taking the boating test, had to know which rivers are navigable and publicly owned…… Amen! Each boat registration could have a statement about it!!
All fishing & water fowl regulations would have a clear statement on navigable rivers and the public use doctrine!!!
If Oregon State Police officers had an informational handout to help them understand the situation when they respond to an “incident” on the river…
And if DSL had their own publication, but could link people to all those others….
….then maybe, just maybe, this wouldn’t be so controversial.
–Heather McNeill
