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Public discussses access to Oswego Lake

by Frank Mungeam & Reggie Aqui, KGW Staff

Bio | Email | Follow: @KGWNews

kgw.com

Posted on February 28, 2012 at 3:45 PM

Updated Tuesday, Feb 28 at 3:45 PM

Poll:
Do you agree with the restricted public access to Oswego Lake?

LAKE OSWEGO, Ore. -- Another meeting was held Monday night in Lake Oswego to discuss public access to the lake.

The public had a chance to share their thoughts in the meeting, but no decisions or changes were made.

In the previous meeting, Mayor Jack Hoffman said he supports the current rules, which keep the lake private.

"I've been very consistent that I'm in favor of the status quo," he said at Feb. 20 meeting.

"My personal preference is to maintain the status quo," agreed Councilor Donna Jordan.

"I'm convinced the community is best served today by maintaining the status quo," added Councilor Bill Tierney.

That status quo would essentially mean keeping the lake private.

For years, Lake Oswego Corporation has managed access to the 415-acre Oswego Lake through easement agreements involving lakefront and nearby homes. Members pay dues for lake access.

But some disagreed, including area residents at Tuesday night's meeting.

“I am interested in public access to waterways, I think they are for the public's use," Lake Oswego resident Kathleen Tarlow said.

Lewis and Clark law school professor Michael Blumm has argued that the law requires Oswego Lake be open to the public.

As first reported by the Lake Oswego Review, Blum wrote the City of Lake Oswego a letter in which he outlined the case for public access.

"I am quite convinced that the public has a right to access Oswego Lake for recreational purposes, regardless of whether there is private ownership of the bed of the lake, and regardless of whether there is federal regulatory jurisdiction over the lake," Blumm wrote in his letter. "In fact, if the City of Lake Oswego were to deny the public access to the lake from municipally owned lands, I believe that denial would violate the state’s public trust doctrine."

More: Read entire letter

In response, the City of Lake Oswego convened a work group to look into questions about lake access, according to the Lake Oswego Review.

"I say, keep it private for the sake of the people who have paid to live there,” Dave Clapp said. “Protecting their property rights and also for the amounts of traffic it would draw into town."

Another meeting was scheduled for next Monday night.

KGW's Rod Hill contributed to this report

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