2005 Oregon Code - Chapter 272 :: Chapter 272 - Federal Lands
Chapter 272 — Federal Lands
2005 EDITION
FEDERAL LANDS
PUBLIC LANDS
272.010Â Â Â Â Power of United States to acquire title for public improvements by eminent domain
272.015Â Â Â Â Service of process
272.020Â Â Â Â Conveyance of site to United States for aid to navigation
272.030Â Â Â Â Acquisition of land for federal buildings
272.033Â Â Â Â Fort Stevens
272.036Â Â Â Â Oregon City canal
272.040Â Â Â Â Acquisition of land for national forests; retention of jurisdiction for certain purposes
272.050Â Â Â Â County governing body to approve acquisition for national forest
272.060Â Â Â Â Federal migratory bird refuges
272.070Â Â Â Â Crater Lake National Park
272.075Â Â Â Â Sheridan Federal Correctional Institution
272.085Â Â Â Â Five Percent United States Land Sales Fund; use of moneys
     272.010
Power of United States to acquire title for public improvements by eminent
domain. Whenever it is necessary for the United States to acquire title to
real property belonging to an individual or corporation, for the purpose of
constructing a public improvement authorized by Act of Congress, and such
property cannot be purchased from the owner for that purpose, an authorized
agent of the United States may enter upon, examine and select a quantity of
land sufficient for public improvements, and proceed in the mode prescribed in
ORS chapter 35 to have such property appropriated and the compensation therefor
determined and paid. [Amended by 1967 c.421 §180]
     272.015
Service of process. All civil or criminal process issued under the
authority of this state may be executed by the proper officers of this state
upon any person amenable to the process within the limits of lands acquired by
the United States under ORS 272.020, 272.030, 272.033 and 272.036 in like
manner and to the same effect as if those sections had not been enacted. [1967
c.421 §181]
     272.020
Conveyance of site to United States for aid to navigation. Whenever the
United States desires to acquire title to land belonging to this state, and
covered by the navigable waters of the United States, for the site of an aid to
navigation, and application is made by a duly authorized agent of the United
States, describing the site required for such purposes, the Governor may convey
the title to the United States and cede to the United States jurisdiction over
the site, subject to ORS 272.015. However, no single tract shall contain more
than 10 acres. [Amended by 1967 c.421 §182]
     272.030
Acquisition of land for federal buildings. Consent is given to the United
States to acquire lands for the purpose of erecting thereon any needful public
buildings, under authority of any Act of Congress. The United States may enter
upon and occupy such lands which may be purchased or otherwise acquired, and
shall have the right of exclusive jurisdiction over the lands, subject to ORS
272.015. [Amended by 1967 c.421 §183]
     272.033
Fort Stevens. Exclusive jurisdiction is ceded to the United States over the
military reservation of Fort Stevens, situated on Point Adams, in Clatsop
County of this state, subject to ORS 272.015. [Formerly 272.080]
     272.036
Oregon City canal. Consent is given to the United States to acquire the
premises and property described in the preamble of chapter 77, Oregon Laws 1913
(Oregon City canal area). The United States may enter upon and use and occupy
such lands and premises and shall have the right of exclusive jurisdiction over
the lands and premises, subject to ORS 272.015. [Formerly 272.090]
     272.040
Acquisition of land for national forests; retention of jurisdiction for certain
purposes. (1) Subject to ORS 272.050, consent is given to the acquisition
by the United States by purchase, gift or condemnation with adequate
compensation, of such lands as in the opinion of the United States may be
needed for the establishment, consolidation and extension of national forests
in this state under the provisions of the Act of March 1, 1911 (36 Stat. 961),
as amended.
     (2) The State of Oregon retains a concurrent jurisdiction with the United States in and over lands so acquired:
     (a) So that civil processes in all cases, and such criminal processes as may issue under the authority of this state against any person charged with the commission of any crime without or within such jurisdiction, may be executed thereon in like manner as if this consent had not been granted.
     (b) To tax persons and corporations and their property and transactions on such lands so acquired.
     (c) For the purpose specified in ORS 376.505 to 376.540, subject, however, to such modification as to the detailed location of any right of way as may be necessary to protect the interests of the United States. [Amended by 1967 c.421 §186]
     272.050
County governing body to approve acquisition for national forest.
Acquisition authorized under ORS 272.040 shall be contingent on the consent of
the governing body of the county wherein such tract or any portion thereof is
situated and such consent must be given by an order duly made and entered in
the records of such governing body and a certified copy thereof transmitted to
the State Forester. [Amended by 1965 c.253 §137; 1989 c.367 §1]
     272.060
Federal migratory bird refuges. (1) For the purpose of more effectively
cooperating with the United States in the acquisition, development and
maintenance of refuges for migratory wild fowl as provided in the Migratory
Bird Conservation Act (45 Stat. 1222, 16 U.S.C. 715 to 715r), as amended,
permission is granted to the United States to acquire by purchase, gift or
lease, lands and waters which the Secretary of the Interior of the United
States may deem necessary and suitable for the purposes provided in such Act.
     (2) Jurisdiction of the State of Oregon, both civil and criminal, over persons upon areas acquired under this section shall not be affected or changed by reason of their acquisition and administration by the United States as migratory bird reservations, except so far as the punishment of offenses against the United States is concerned.
     (3) Nothing in this section is intended to interfere with the operation of the laws of the State of Oregon applying to migratory game birds insofar as they do not permit what is forbidden by federal law. [Amended by 1967 c.421 §187]
     272.070
Crater Lake National Park. Exclusive jurisdiction is ceded to the United
States over all the territory now or hereafter included in that tract of land
set aside by the Act of May 22, 1902 (32 Stat. 202, 16 U.S.C. 121 to 123), as
amended, for the purposes of Crater Lake National Park. However, the State of
Oregon retains the right to:
     (1) Serve civil or criminal process within the limits of the park in any suits or prosecution for or on account of rights acquired, obligations incurred or crimes committed in the state but outside of the park.
     (2) Tax persons and corporations, their franchises and property on lands included in the park. [Amended by 1967 c.421 §188]
     272.075
Sheridan Federal Correctional Institution. Jurisdiction over the tract of
land included within the limits of the Sheridan Federal Correctional
Institution, an area of approximately 189 acres located in the City of
Sheridan, Yamhill County, Oregon, is hereby ceded to the United States.
However, the State of Oregon reserves concurrent jurisdiction to enforce the
criminal and civil laws of the State of Oregon or its political subdivisions
within the correctional institution. The State of Oregon also reserves the right
to serve civil or criminal process within the correctional institution in suits
or prosecutions for or on account of rights acquired, obligations incurred, or
crimes committed in the State of Oregon. [1989 c.781 §1]
     272.080
[Amended by 1967 c.421 §184; renumbered 272.033]
     272.085
Five Percent United States Land Sales Fund; use of moneys. (1) All funds
received from the United States Government by the State of Oregon as five
percent of the net proceeds of sales of public lands and materials on those
lands located within the State of Oregon, shall upon receipt by the State
Treasurer be credited to a special fund in the State Treasury to be known as
the Five Percent United States Land Sales Fund. This special fund,
notwithstanding the provisions of ORS 291.238, is continuously appropriated
including interest earned to this special fund except for an amount of 60 cents
per county that shall be deducted as a distribution charge. The distribution
charge is in addition to the transaction charge approved for the Oregon
Department of Administrative Services during the budgetary process. The
department shall cause the net amount to be distributed to the counties of the
state on the basis of the average square mile area of each county.
     (2) The moneys distributed to the counties under subsection (1) of this section shall be used for the benefit of the public roads and bridges of the recipient county.
     (3) The amount of the distribution charges is continuously appropriated to and shall be used to meet expenses incurred by the Oregon Department of Administrative Services in administering this section. [1981 c.787 §3; 1985 c.787 §1]
     272.090
[Amended by 1967 c.421 §185; renumbered 272.036]
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