(1) If, for a period of three years after the filing of a plat under chapter 675, Oregon Laws 1969, more than one-half the lands claimed are unproductive, the State Department of Agriculture may withdraw from a claimant and consider abandoned any portion of the unproductive lands claimed by such claimant. However, the reason for such unproductiveness shall not include restrictions by governmental health authorities, the unavailability of seed or infestation by pest or disease. (2) The department may withdraw from a claimant and consider abandoned those lands: (a) On which the claimant fails to pay the fees or use taxes referred to in ORS 622.290, unless the department is satisfied that there was reasonable cause for such failure. (b) That are not marked in the manner provided by ORS 622.320. (c) That are used or held for purposes other than oyster, clam or mussel cultivation. [Formerly 509.439; 1997 c.375 6]
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