2007 Oregon Code - Chapter 270 :: TITLE 25
TITLE 25
PUBLIC LANDS
Chapter 270. State Real Property
271. Use and Disposition of Public Lands
Generally; Easements
272. Federal Lands
273. State Lands Generally
274. Submersible and Submerged Lands
275. County Lands
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Chapter 270
State Real Property
2007 EDITION
STATE REAL PROPERTY
PUBLIC LANDS
GENERAL PROVISIONS
270.005 Definitions
270.010 Policy
270.015 Effect
of ORS 270.005 to 270.190; agency rules
270.020 Title
to property
270.025 Agreements
with United States Government for electrical and other transmission lines;
effect on rights of private property owners
TRANSFER PROCEDURES
270.100 Notice
to department before sale of real property; rules; procedures; restrictions on
final disposition
270.105 Procedures
before terminal disposition of real property
270.110 Disposition
of property not needed for public use; lease approval by department
270.120 Advisory
committee; membership; officers; compensation and expenses; duties
270.130 Publication
of notice of sale
270.135 Proposal
for sale of property; requirements
270.140 Action
if no satisfactory proposal received
MANAGEMENT
270.150 Proceeds
of sale of real property
270.155 Agreements
for management of state real property; reimbursement for costs
270.165 Grants
of easements in public interest
270.180 Inventory
of state-owned real property; status information reports; periodic revision;
rules
270.190 Disposition
of operating fund revenues
GENERAL PROVISIONS
270.005
Definitions. For purposes of
ORS 184.634, 270.005 to 270.015, 270.100 to 270.190, 273.416, 273.426 to
273.436 and 273.551:
(1) Department means the Oregon
Department of Administrative Services.
(2) Improvements means any and all
structures on or attachments to state-owned real property, but excluding public
improvements as defined in ORS 279A.010.
(3) Real property means all real
property together with any and all improvements thereon.
(4) Surplus real property means all
state-owned real property and improvements surplus to agency and state need. [1991
c.816 §3; 1993 c.500 §11; 1997 c.685 §5; 1999 c.314 §79; 2003 c.794 §224]
270.010
Policy. (1) It shall be the
policy of the State of
(2) In transferring state-owned real
property through sale or lease, to the extent consistent with applicable trust
responsibilities, the state policy shall be to give right of first refusal to
purchase in the following order:
(a) To the lessee of the land.
(b) Where the intended activity or use is
similar to that of adjacent properties within the region:
(A) To adjacent landowners.
(B) To residents within the region.
(C) To persons outside the region. [1991
c.816 §2; 1995 c.589 §1]
270.015
Effect of ORS 270.005 to 270.190; agency rules. (1) The power granted by ORS 184.634, 270.005
to 270.015, 270.100 to 270.190, 273.416, 273.426 to 273.436 and 273.551 is
vested in the State of
(2) In carrying out the provisions of ORS
184.634, 270.005 to 270.015, 270.100 to 270.190, 273.416, 273.426 to 273.436
and 273.551, the state shall act by and through its duly constituted board,
commission or agency. The state by statute or through its respective board,
commission or agency may provide rules necessary in carrying out the provisions
of ORS 184.634, 270.005 to 270.015, 270.100 to 270.190, 273.416, 273.426 to
273.436 and 273.551. [1991 c.816 §4; 1999 c.314 §80]
270.020
Title to property. Title to
any parcel of land held by a state agency shall be in the name of the state, by
and through the state agency controlling the parcel. [Formerly 273.195]
270.025
Agreements with
TRANSFER
PROCEDURES
270.100
Notice to department before sale of real property; rules; procedures; restrictions
on final disposition. (1)(a)
Before offering for sale any real property or equitable interest therein owned
by the state, the state agency acting for the state in such transaction shall
report its intent of sale or transfer to the Oregon Department of
Administrative Services. The department, or the agency specifically designated
by the department, shall notify other state agencies authorized to own real
property of the intended sale or transfer to determine whether acquisition of
the real property or interest therein would be advantageous to another state
agency.
(b) The department shall give political
subdivisions, as defined in ORS 271.005, the first opportunity after other
state agencies to acquire, purchase, exchange or lease real property to be sold
or disposed of by the State of
(c) If property is not disposed of under
paragraph (a) or (b) of this subsection, in accordance with rules adopted by
the department, the state agency desiring to sell or transfer the property
shall cause it to be appraised by one or more competent and experienced
appraisers. Except as provided in ORS 273.825, if such property has an appraised
value exceeding $5,000 it shall not be sold to any private person except after
notice calling for such proposals as set forth in ORS 270.130.
(d) The department shall adopt rules to
carry out the provisions of this section.
(2) Before acquisition of any real
property or interest therein by any state agency, except for highway right of
way acquired by the Department of Transportation and park properties acquired
by the State Parks and Recreation Department and property within the approved
projected campus boundaries for institutions of the Department of Higher
Education, the state agency shall report its intent of acquisition to the
Oregon Department of Administrative Services. The department shall notify other
state agencies owning land of the intended acquisition to determine whether
another state agency desires to sell or transfer property which would meet the
needs of the purchasing agency. In accordance with rules adopted by the Oregon
Department of Administrative Services, if no other state agency desires to sell
or transfer property which would meet the needs of the agency, the agency may
acquire the real property or interest therein, consistent with applicable
provisions of law.
(3) Before any terminal disposition of
real property or an interest in real property, the state agency acting for the
state in the transaction must secure approval of the transaction from the
Oregon Department of Administrative Services.
(4) Subsection (3) of this section does
not apply to terminal disposition of the following real property:
(a) Property controlled by the State
Department of Fish and Wildlife;
(b) State forestlands controlled by the
State Forestry Department;
(c) Property controlled by the Department
of Transportation;
(d) Property controlled by the Department
of State Lands;
(e) Property controlled by the Department
of Higher Education;
(f) Property controlled by the legislative
or judicial branches of state government; and
(g) Property controlled by the State Parks
and Recreation Department.
(5) Notwithstanding the provisions of
subsection (4) of this section, prior approval by the Oregon Department of
Administrative Services is required for the terminal disposition of public land
for less than the fair market value of that land.
(6) The provisions of ORS 184.634, 270.005
to 270.015, 270.100 to 270.190, 273.416, 273.426 to 273.436, 273.551 and
308A.709 (1) to (4) do not apply to a home or farm acquired, sold, or both, by
the Department of Veterans Affairs under ORS 88.720, 273.388, 406.050,
407.135, 407.145, 407.375 and 407.377. [1991 c.816 §6; 1999 c.314 §81; 2005
c.625 §64]
270.105
Procedures before terminal disposition of real property. Before a state agency terminally disposes of
real property to other than another state agency, the disposing agency shall:
(1) If the value of the real property is
$100,000 or less, consider all the values of the property to the people of this
state, including values for fish and wildlife habitat and public access to
other real property; or
(2) If the value of the real property is
greater than $100,000, invite public comment on and consider all the values of
the property to the people of this state, including values for fish and
wildlife habitat and public access to other property. [1991 c.816 §21]
270.110
Disposition of property not needed for public use; lease approval by department. (1) Except as provided in subsection (2) of
this section, whenever the state or any agency thereof possesses or controls
real property not needed for public use, or whenever the public interest may be
furthered, the state or its agency may sell, exchange, convey or lease for any
period not exceeding 99 years all or any part of its interest in the property
to or with the state or any political subdivision of the state or the United States
or any agency thereof or private individual or corporation. Except where the
state is exchanging real property, the consideration for the transfer or lease
may be cash or real property, or both.
(2) If the ownership, right or title of
the state to any real property set apart by deed, will or otherwise for a
burial ground or cemetery, or for the purpose of interring the remains of
deceased persons, is limited or qualified or the use of such real property is
restricted, whether by dedication or otherwise, the state or its agency may,
after first declaring by resolution that such real property is not needed for
public use, or that the sale, exchange, conveyance or lease thereof will
further the public interest, file a complaint in the circuit court for the
county in which such real property is located against all persons claiming any
right, title or interest in such real property, whether the interest be
contingent, conditional or otherwise, for authority to sell, exchange, convey
or lease all or any part of such real property. The resolution is prima facie
evidence that such real property is not needed for public use, or that the
sale, exchange, conveyance or lease will further the public interest. The
action shall be commenced and prosecuted to final determination in the same
manner as an action not triable by right to a jury. The complaint shall contain
a description of such real property, a statement of the nature of the
restrictions, qualifications or limitations, and a statement that the
defendants claim some interest therein. The court shall make such judgment as
it shall deem proper, taking into consideration the limitations, qualifications
or restrictions, the resolution and all other matters pertinent thereto.
Neither costs nor disbursements may be recovered against any defendant.
(3) The authority to lease property
granted by this section includes authority to lease property not owned or
controlled by the state at the time of entering into the lease. Such lease
shall be conditioned upon the subsequent acquisition of the interest covered by
the lease.
(4) Any lease of state real property
exceeding five years must be approved in advance by the Oregon Department of
Administrative Services, except for leases:
(a) Negotiated by the Oregon Department of
Aviation;
(b) Of state forestlands;
(c) Of property controlled by the
Department of State Lands, Department of Transportation or Department of Higher
Education; or
(d) Of property controlled by the
legislative or judicial branches of state government. [1991 c.816 §5; 1999
c.935 §25; 2005 c.15 §1]
270.120
Advisory committee; membership; officers; compensation and expenses; duties. (1) In exercising certain of its functions
under ORS 184.634, 270.005 to 270.015, 270.100 to 270.190, 273.416, 273.426 to
273.436 and 273.551, the Oregon Department of Administrative Services shall be
advised by an advisory committee consisting of seven members appointed by the
Governor.
(2) The advisory committee appointed under
subsection (1) of this section shall consist of two members of the Legislative
Assembly, one real estate licensee under ORS 696.020, two persons who serve in
the executive branch of state government, one person qualified as a land use
planner, and one person qualified as a real estate management expert.
(3) Members of the advisory committee
shall meet at such times and places and elect such officers and make such rules
for the conduct of committee business as the committee may specify.
(4) Members of the advisory committee who
are not members of the Legislative Assembly are entitled to compensation under
ORS 292.495. Members of the advisory committee who are members of the
Legislative Assembly shall be paid compensation and expense reimbursement as
provided in ORS 171.072, payable from funds appropriated to the Legislative
Assembly.
(5) Expenses of the committee shall be
paid from funds appropriated to the department to carry out subsection (6) of
this section.
(6)(a) The advisory committee shall advise
the department on the acquisition, exchange or disposal of real property valued
at $100,000 or more.
(b) The department may request the advice
of the committee involving any real property transaction valued less than
$100,000. [Formerly 273.655; 1997 c.632 §2; 1999 c.314 §82; 2007 c.319 §27]
270.130
Publication of notice of sale.
The state agency acting for the state in the transaction shall give the notice
of the proposed sale not less than once a week for three successive weeks by
publication in one or more newspapers of general circulation in the county in
which such real property is situated, and in such other newspapers, if any, as
the agency considers advisable. The notice shall describe generally and by
legal subdivision such property and the asking price. The state agency shall
reserve the right to accept or reject any proposal. [1991 c.816 §7]
270.135
Proposal for sale of property; requirements. (1) The decision of the state agency on the question of the most
advantageous proposal for real property to be sold, shall be final and
conclusive, and shall not be subject to review by any court.
(2) Each proposal shall be accompanied by
a certified check or by sufficient bond furnished by a surety company
authorized to do business in this state, in favor of the State of
270.140
Action if no satisfactory proposal received. If the provisions of ORS 270.100, 270.110 and 270.130 have been
complied with as to property administered by it and no satisfactory proposal
has been received, the state agency may, at any time during a period of 18
months after the advertised date of sale, sell such property in such manner as
it considers appropriate, including such commercially reasonable means as through
a real estate licensee as set forth in ORS 696.007. [1991 c.816 §9]
MANAGEMENT
270.150
Proceeds of sale of real property. (1) The proceeds, less costs, of any real property sold by the Oregon
Department of Administrative Services under ORS 270.100, 270.110 and 270.130
may be credited to and deposited in the Capital Projects Fund established by
ORS 276.005 or the Trust for Cultural Development Account established in ORS
359.405.
(2) The proceeds of any real property sold
by a state agency under ORS 270.100 and 270.110 may be credited to and
deposited in the Trust for Cultural Development Account. If the proceeds are
credited to and deposited in the account, a state agency may retain from the
proceeds the costs of selling the real property and the amount originally paid
by the state agency when the state agency acquired the real property.
(3) The revenue from the rental or lease
of surplus real property managed by the department shall be deposited in the
State Treasury to the credit of the operating fund established by ORS 283.076.
(4) Notwithstanding the provisions of
subsection (1) or (2) of this section, an agency may negotiate with the
department to apply the proceeds of a sale, transfer or lease of such surplus
real property to another capital acquisition of that agency. [1991 c.816 §10;
2001 c.954 §29]
270.155
Agreements for management of state real property; reimbursement for costs. In addition to authority granted to the
Oregon Department of Administrative Services under ORS 184.634, 270.005 to 270.015,
270.100 to 270.190, 273.416, 273.426 to 273.436 and 273.551, the department,
pursuant to an agreement under ORS 190.110, may undertake the management of any
real property, and improvements thereon, that is the property of or within the
management jurisdiction of any state agency. Reimbursement of department costs
shall be made subject to terms of the agreement. [Formerly 273.695; 1999 c.314 §83]
270.165
Grants of easements in public interest. The Oregon Department of Administrative Services acting on behalf of
the State of
270.180
Inventory of state-owned real property; status information reports; periodic
revision; rules. (1) The
Oregon Department of Administrative Services shall maintain and keep current an
inventory of all state-owned real property and shall classify all such property
on the basis of current use, value, idle or surplus to agency need. The
department shall establish categories of real property necessary for management
of state-owned real property. Land owning agencies shall provide status
information, as requested by the department, of agency owned land for the
department to carry out its clearinghouse function.
(2) On or before October 1 of each
even-numbered year, a state agency shall submit to the department a revised and
updated inventory of any surplus real property that it owns. The inventory
shall list separately any surplus real property located within an urban growth
boundary.
(3) The department may apportion to each
state agency owning real property its contribution to reimburse the department
for the costs incurred in maintaining the real property inventory set forth in
subsections (1) and (2) of this section.
(4) Contributions apportioned by the
department under subsection (3) of this section are continuously appropriated
to the department to reimburse it for its costs incurred in maintaining the
real property inventory.
(5) The department shall adopt rules to
assess state land owning agencies for administration of the state lands
management program. [Formerly 273.675]
270.190
Disposition of operating fund revenues. At the end of each biennium, the Oregon Department of Administrative
Services shall transfer from the Oregon Department of Administrative Services
Operating Fund to the Capital Projects Fund established by ORS 276.005 all
revenue from the rental or lease of property described in ORS 270.150 not
expended for administration, taxes, repairs or improvements. [Formerly 273.628;
1993 c.500 §12]
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