2007 Oregon Code - Chapter 271 :: Chapter 271 - Use and Disposition of
Chapter 271 —
Use and Disposition of  Public Lands
Generally; Easements
2007 EDITION
USE OF PUBLIC LANDS; EASEMENTS
PUBLIC LANDS
GENERAL PROVISIONS
271.005Â Â Â Â Definitions
for ORS 271.005 to 271.540
VACATION
271.080Â Â Â Â Vacation
in incorporated cities; petition; consent of property owners
271.090Â Â Â Â Filing
of petition; notice
271.100Â Â Â Â Action
by city governing body
271.110Â Â Â Â Notice
of hearing
271.120Â Â Â Â Hearing;
determination
271.130Â Â Â Â Vacation
on city governing bodyÂ’s own motion; appeal
271.140Â Â Â Â Title
to vacated areas
271.150Â Â Â Â Vacation
records to be filed; costs
271.160Â Â Â Â Vacations
for purposes of rededication
271.170Â Â Â Â Nature
and operation of statutes
271.180Â Â Â Â Vacations
in municipalities included in port districts; petition; power of common
council; vacating street along railroad easement
271.190Â Â Â Â Consent
of owners of adjoining property; other required approval
271.200Â Â Â Â Petition;
notice
271.210Â Â Â Â Hearing;
grant of petition
271.220Â Â Â Â Filing
of objections; waiver
271.230Â Â Â Â Records
of vacations; fees
TRANSFER, LEASE, DONATION OR USE OF PUBLIC
LANDS
271.300Â Â Â Â Application
and administration of ORS 271.300 to 271.360; rules
271.310Â Â Â Â Transfer
or lease of real property owned or controlled by political subdivision;
procedure in case of qualified title
271.320Â Â Â Â Exchange
of trust fund assets
271.330Â Â Â Â Relinquishing
title of property not needed for public use
271.335Â Â Â Â Relinquishing
reversionary interest held by political subdivision
271.340Â Â Â Â Property
valuation in exchange to be equal
271.350Â Â Â Â Determining
valuation of property in exchanges
271.360Â Â Â Â Lease
requirements
271.375Â Â Â Â Public
grazing lands; sale; lease or exchange
271.380Â Â Â Â Indemnifying
political subdivision for loss or damage resulting from occupancy of its
property
271.390Â Â Â Â Lease
or purchase of real estate by public body or council of governments; financing
agreement
271.400Â Â Â Â Conveyances
by political subdivision to state
271.405Â Â Â Â Transfer
of property by city or town to county for public institutions and works
271.410Â Â Â Â Use
of municipal property for rodeos, games, racing and exhibitions
271.420Â Â Â Â City
bonds as payment for land sold by city
271.430Â Â Â Â Lease
of space above or below street or highway; effect on prior dedication or grant
for public purpose
271.440Â Â Â Â Agreements
for location of transmission lines on property of political subdivision
271.445Â Â Â Â Installation
of fiber-optic lines on public land and in public right of way
ACQUISITION AND DISPOSITION OF INDUSTRIAL
FACILITIES
271.510Â Â Â Â Definition
of “industrial facility” for ORS 271.510 to 271.540
271.520Â Â Â Â Declaration
of legislative purpose
271.530Â Â Â Â Powers
of counties and cities to acquire and dispose of industrial facilities
271.540Â Â Â Â County
or city operation of industrial facility; exception
MISCELLANEOUS PROVISIONS
271.600Â Â Â Â Use
of term “squaw”; exceptions
CONSERVATION AND HIGHWAY SCENIC PRESERVATION
EASEMENTS
271.715Â Â Â Â Definitions
for ORS 271.715 to 271.795
271.725Â Â Â Â Acquisition
and creation of conservation or highway scenic preservation easement
271.729Â Â Â Â Report
on effect of conservation or highway scenic preservation easement on property
value; fee
271.735Â Â Â Â Hearing;
notice
271.745Â Â Â Â Validity
of conservation or highway scenic preservation easement
271.755Â Â Â Â Action
affecting conservation or highway scenic preservation easement; standing to
bring action
271.765Â Â Â Â Applicability
271.775Â Â Â Â Rules
governing conservation and highway scenic preservation easements
271.785Â Â Â Â Taxation
of property subject to highway scenic preservation easement
271.795Â Â Â Â Construction
of Act
GENERAL PROVISIONS
     271.005
Definitions for ORS 271.005 to 271.540. As used in ORS 271.005 to 271.540:
     (1) “Governing body” means the board or
body in which the general legislative power of a political subdivision is
vested.
     (2) “Governmental body” means the State of
     (3) “Political subdivision” means any
local government unit, including, but not limited to, a county, city, town,
port, dock commission or district, that exists under the laws of Oregon and has
power to levy and collect taxes. [1981 c.787 §2]
     271.010 [Amended by 1965 c.25 §1; 1971 c.287 §1;
repealed by 1981 c.153 §79]
     271.020 [Amended by 1953 c.283 §3; 1977 c.275 §1;
repealed by 1981 c.153 §79]
     271.030 [Amended by 1953 c.283 §3; repealed by 1981
c.153 §79]
     271.040 [Repealed by 1981 c.153 §79]
     271.050 [Repealed by 1981 c.153 §79]
     271.060 [Repealed by 1981 c.153 §79]
     271.070 [Repealed by 1981 c.153 §79]
VACATION
     271.080
Vacation in incorporated cities; petition; consent of property owners. (1) Whenever any person interested in any
real property in an incorporated city in this state desires to vacate all or
part of any street, avenue, boulevard, alley, plat, public square or other
public place, such person may file a petition therefor setting forth a
description of the ground proposed to be vacated, the purpose for which the
ground is proposed to be used and the reason for such vacation.
     (2) There shall be appended to such
petition, as a part thereof and as a basis for granting the same, the consent
of the owners of all abutting property and of not less than two-thirds in area
of the real property affected thereby. The real property affected thereby shall
be deemed to be the land lying on either side of the street or portion thereof
proposed to be vacated and extending laterally to the next street that serves
as a parallel street, but in any case not to exceed 200 feet, and the land for
a like lateral distance on either side of the street for 400 feet along its
course beyond each terminus of the part proposed to be vacated. Where a street
is proposed to be vacated to its termini, the land embraced in an extension of
the street for a distance of 400 feet beyond each terminus shall also be
counted. In the vacation of any plat or part thereof the consent of the owner
or owners of two-thirds in area of the property embraced within such plat or
part thereof proposed to be vacated shall be sufficient, except where such
vacation embraces street area, when, as to such street area the above
requirements shall also apply. The consent of the owners of the required amount
of property shall be in writing. [Amended by 1999 c.866 §2]
     271.090
Filing of petition; notice.
The petition shall be presented to the city recorder or other recording officer
of the city. If found by the recorder to be sufficient, the recorder shall file
it and inform at least one of the petitioners when the petition will come
before the city governing body. A failure to give such information shall not be
in any respect a lack of jurisdiction for the governing body to proceed on the
petition.
     271.100
Action by city governing body.
The city governing body may deny the petition after notice to the petitioners
of such proposed action, but if there appears to be no reason why the petition
should not be allowed in whole or in part, the governing body shall fix a time
for a formal hearing upon the petition.
     271.110
Notice of hearing. (1) The
city recorder or other recording officer of the city shall give notice of the
petition and hearing by publishing a notice in the city official newspaper once
each week for two consecutive weeks prior to the hearing. If no newspaper is
published in such city, written notice of the petition and hearing shall be
posted in three of the most public places in the city. The notices shall
describe the ground covered by the petition, give the date it was filed, the
name of at least one of the petitioners and the date when the petition, and any
objection or remonstrance, which may be made in writing and filed with the
recording officer of the city prior to the time of hearing, will be heard and
considered.
     (2) Within five days after the first day
of publication of the notice, the city recording officer shall cause to be
posted at or near each end of the proposed vacation a copy of the notice, which
shall be headed, “Notice of Street Vacation,” “Notice of Plat Vacation” or “Notice
of Plat and Street Vacation,” as the case may be. The notice shall be posted in
at least two conspicuous places in the proposed vacation area. The posting and
first day of publication of such notice shall be at least 14 days before the
hearing.
     (3) The city recording officer shall,
before publishing such notice, obtain from the petitioners a sum sufficient to
cover the cost of publication, posting and other anticipated expenses. The city
recording officer shall hold the sum so obtained until the actual cost has been
ascertained, when the amount of the cost shall be paid into the city treasury
and any surplus refunded to the depositor. [Amended by 1991 c.629 §1; 2005 c.22
§196]
     271.120
Hearing; determination. At
the time fixed by the governing body for hearing the petition and any
objections filed thereto or at any postponement or continuance of such matter,
the governing body shall hear the petition and objections and shall determine
whether the consent of the owners of the requisite area has been obtained,
whether notice has been duly given and whether the public interest will be
prejudiced by the vacation of such plat or street or parts thereof. If such
matters are determined in favor of the petition the governing body shall by
ordinance make such determination a matter of record and vacate such plat or
street; otherwise it shall deny the petition. The governing body may, upon
hearing, grant the petition in part and deny it in part, and make such
reservations, or either, as appear to be for the public interest.
     271.130
Vacation on city governing bodyÂ’s own motion; appeal. (1) The city governing body may initiate
vacation proceedings authorized by ORS 271.080 and make such vacation without a
petition or consent of property owners. Notice shall be given as provided by
ORS 271.110, but such vacation shall not be made before the date set for
hearing, nor if the owners of a majority of the area affected, computed on the
basis provided in ORS 271.080, object in writing thereto, nor shall any street
area be vacated without the consent of the owners of the abutting property if
the vacation will substantially affect the market value of such property,
unless the city governing body provides for paying damages. Provision for
paying such damages may be made by a local assessment, or in such other manner
as the city charter may provide.
     (2) Two or more streets, alleys, avenues
and boulevards, or parts thereof, may be joined in one proceeding, provided
they intersect or are adjacent and parallel to each other.
     (3) No ordinance for the vacation of all
or part of a plat shall be passed by the governing body until the city
recording officer has filed in the office of the city recording officer or
indorsed on the petition for such vacation a certificate showing that all city
liens and all taxes have been paid on the lands covered by the plat or portion
thereof to be vacated.
     (4) Any property owner affected by the
order of vacation or the order awarding damages or benefits in such vacation
proceedings may appeal to the circuit court of the county where such city is
situated in the manner provided by the city charter. If the charter does not
provide for such appeal, the appeal shall be taken within the time and in
substantially the manner provided for taking an appeal from justice court in
civil cases. [Amended by 1995 c.658 §101]
     271.140
Title to vacated areas. The
title to the street or other public area vacated shall attach to the lands
bordering on such area in equal portions; except that where the area has been
originally dedicated by different persons and the fee title to such area has
not been otherwise disposed of, original boundary lines shall be adhered to and
the street area which lies on each side of such boundary line shall attach to
the abutting property on such side. If a public square is vacated the title
thereto shall vest in the city. [Amended by 1981 c.153 §58]
     271.150
Vacation records to be filed; costs. A certified copy of the ordinance vacating any street or plat area and
any map, plat or other record in regard thereto which may be required or
provided for by law, shall be filed for record with the county clerk. The
petitioner for such vacation shall bear the recording cost and the cost of
preparing and filing the certified copy of the ordinance and map. A certified
copy of any such ordinance shall be filed with the county assessor and county
surveyor.
     271.160
Vacations for purposes of rededication.
     271.170
Nature and operation of statutes. The provisions of ORS 271.080 to 271.160 are alternative to the
provisions of the charter of any incorporated city and nothing contained in
those statutes shall in anywise affect or impair the charter or other
provisions of such cities for the preservation of public access to and from
transportation terminals and navigable waters.
     271.180
Vacations in municipalities included in port districts; petition; power of
common council; vacating street along railroad easement. To the end that adequate facilities for
terminal trackage, structures and the instrumentalities of commerce and
transportation may be provided in cities and towns located within or forming a
part of any port district organized as a municipal corporation in this state,
the governing body of such cities and towns, upon the petition of any such
port, or corporation empowered to own or operate a railroad, steamship or other
transportation terminal, or railroad company entering or operating within such
city or town, or owner of property abutting any such terminal, may:
     (1) Authorize any port commission, dock
commission, common carrier, railroad company or terminal company to occupy, by
any structure, trackage or machinery facilitating or necessary to travel,
transportation or distribution, any street or public property, or parts
thereof, within such city or town, upon such reasonable terms and conditions as
the city or town may impose.
     (2) Vacate the whole or any part of any
street, alley, common or public place, with such restrictions and upon such
conditions as the city governing body may deem reasonable and for the public
good.
     (3) If any railroad company owns or has an
exclusive easement upon a definite strip within or along any public street,
alley, common or public place, and if the city governing body determines such
action to be to the advantage of the public, vacate the street area between the
strip so occupied by the railroad company and one property line opposite
thereto, condition that the railroad company dedicates for street purposes such
portion of such exclusive strip occupied by it as the city governing body may
determine upon, and moves its tracks and facilities therefrom onto the street
area so vacated. The right and title of the railroad company in the vacated
area shall be of the same character as previously owned by it in the exclusive
strip which it is required by the city governing body to surrender and dedicate
to street purposes.
     271.190
Consent of owners of adjoining property; other required approval. No vacation of all or part of a street,
alley, common or public place shall take place under ORS 271.180 unless the
consent of the persons owning the property immediately adjoining that part of
the street or alley to be vacated is obtained thereto in writing and filed with
the auditor or clerk of the city or town. No vacation shall be made of any
street, alley, public place or part thereof, if within 5,000 feet of the harbor
or pierhead line of the port, unless the port commission, or other bodies
having jurisdiction over docks and wharves in the port district involved,
approves the proposed vacation in writing.
     271.200
Petition; notice. (1) Before
any street, alley, common or public place or any part thereof is vacated, or
other right granted by any city governing body under ORS 271.180 to 271.210 the
applicant must petition the governing body of the city or town involved, setting
forth the particular circumstances of the case, giving a definite description
of the property sought to be vacated, or of the right, use or occupancy sought
to be obtained, and the names of the persons to be particularly affected
thereby. The petition shall be filed with the auditor or clerk of the city or
town involved 30 days previous to the taking of any action thereon by the city
governing body.
     (2) Notice of the pendency of the
petition, containing a description of the area sought to be vacated or right,
use or occupancy sought to be obtained, shall be published at least once each
week for three successive weeks prior to expiration of such 30-day period in a
newspaper of general circulation in the county wherein the city or town is
located.
     271.210
Hearing; grant of petition.
Hearing upon the petition shall be had by the city governing body at its next
regular meeting following the expiration of 30 days from the filing of the
petition. At that time objections to the granting of the whole or any part of
the petition shall be duly heard and considered by the governing body, which
shall thereupon, or at any later time to which the hearing is postponed or
adjourned, pass by a majority vote an ordinance setting forth the property to
be vacated, or other rights, occupancy or use to be thereby granted. Upon the
expiration of 30 days from the passage of the ordinance and the approval
thereof by the mayor of the city or town, the ordinance shall be in full force
and effect.
     271.220
Filing of objections; waiver.
All objections to the petition shall be filed with the clerk or auditor of the
city or town within 30 days from the filing of the petition, and if not so
filed shall be conclusively presumed to have been waived. The regularity,
validity and correctness of the proceedings of the city governing body pursuant
to ORS 271.180 to 271.210, shall be conclusive in all things on all parties,
and cannot in any manner be contested in any proceeding whatsoever by any
person not filing written objections within the time provided in this section.
     271.230
Records of vacations; fees.
(1) If any town or plat of any city or town is vacated by a county court or
municipal authority of any city or town, the vacation order or ordinance shall
be recorded in the deed records of the county. Whenever a vacation order or
ordinance is so recorded, the county surveyor of such county shall, upon a copy
of the plat that is certified by the county clerk, trace or shade with
permanent ink in such manner as to denote that portion so vacated, and shall
make the notation “Vacated” upon such copy of the plat, giving the book and
page of the deed record in which the order or ordinance is recorded.
Corrections or changes shall not be allowed on the original plat once it is
recorded with the county clerk.
     (2) For recording in the county deed
records, the county clerk shall collect the same fee as for recording a deed.
For the services of the county surveyor for marking the record upon the copy of
the plat, the county clerk shall collect a fee as set by ordinance of the
county governing body to be paid by the county clerk to the county surveyor. [Amended
by 1971 c.621 §31; 1975 c.607 §31; 1977 c.488 §2; 1979 c.833 §30; 1999 c.710 §12;
2001 c.173 §5]
TRANSFER,
LEASE, DONATION OR USE OF PUBLIC LANDS
     271.300
Application and administration of ORS 271.300 to 271.360; rules. (1) The power granted by ORS 271.300 to
271.360 is vested in each political subdivision of the State of
     (2) In carrying ORS 271.300 to 271.360
into effect, a political subdivision shall act through its duly constituted
governing body. Each political subdivision through its governing body may
provide rules necessary in carrying out ORS 271.300 to 271.360. [Amended by
1981 c.787 §26; 1985 c.443 §4]
     271.310
Transfer or lease of real property owned or controlled by political
subdivision; procedure in case of qualified title. (1) Except as provided in subsection (2) of
this section, whenever any political subdivision possesses or controls real
property not needed for public use, or whenever the public interest may be
furthered, a political subdivision may sell, exchange, convey or lease for any
period not exceeding 99 years all or any part of their interest in the property
to a governmental body or private individual or corporation. The consideration
for the transfer or lease may be cash or real property, or both.
     (2) If the ownership, right or title of
the political subdivision 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 political subdivision
may, after the county court or governing body thereof has first declared 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 restriction, qualification 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 limitation, qualifications or restrictions, the resolution,
and all other matters pertinent thereto. Neither costs nor disbursements may be
recovered against any defendant.
     (3) Unless the governing body of a
political subdivision determines under subsection (1) of this section that the
public interest may be furthered, real property needed for public use by any
political subdivision owning or controlling the property shall not be sold,
exchanged, leased or conveyed under the authority of ORS 271.300 to 271.360,
except that it may be exchanged for property which is of equal or superior
useful value for public use. Any such property not immediately needed for
public use may be leased if, in the discretion of the governing body having
control of the property, it will not be needed for public use within the period
of the lease.
     (4) The authority to lease property granted
by this section includes authority to lease property not owned or controlled by
the political subdivision at the time of entering into the lease. Such lease
shall be conditioned upon the subsequent acquisition of the interest covered by
the lease. [Amended by 1955 c.755 §1; 1961 c.136 §1; 1979 c.284 §127; 1981
c.787 §27; 1985 c.443 §5; 1999 c.559 §2]
     271.320
Exchange of trust fund assets.
If any property owned by a political subdivision is held as an asset of any
special trust fund securing the payment of bonds, it may be exchanged, under
the authority granted in ORS 271.310, for other property of equal or superior
value, and property so received in exchange shall be an asset of the fund in
lieu of the property previously held. [Amended by 1981 c.787 §28]
     271.330
Relinquishing title of property not needed for public use. (1) Any political subdivision is granted
express power to relinquish the title to any of its property not needed for
public use to any governmental body, providing such property shall be used for
not less than 20 years for a public purpose by the governmental body in the
State of
     (2)(a) Any political subdivision is
granted express power to relinquish the title to any of its property to a
qualifying nonprofit corporation or a municipal corporation for the purpose of
providing any of the following:
     (A) Low income housing;
     (B) Social services; or
     (C) Child care services.
     (b) As used in this subsection:
     (A) “Qualifying nonprofit corporation”
means a corporation that is a public benefit corporation under ORS 65.001 (37)
and that has obtained a ruling from the federal Internal Revenue Service
providing that the corporation is exempt from federal income taxes under
section 501(c)(3) of the Internal Revenue Code.
     (B) “Social services” and “child care
services” include but are not limited to education, training, counseling,
health and mental health services and the provision of facilities and
administrative services to support social services and child care services.
     (3) Any political subdivision is granted
express power to convey real property to a nonprofit or municipal corporation
to be used by the nonprofit or municipal corporation for the creation of open
space, parks or natural areas for perpetual public use. The instrument
conveying the real property shall include a restriction on the use of the
property that limits the uses of the property to those uses described in this
subsection. The instrument conveying the property shall also contain a
provision for the reversion of the property to the political subdivision if the
property is not used in conformance with the restriction. Real property
conveyed under this subsection may include real property held by a political
subdivision as a result of tax foreclosures.
     (4) Transfers under this section may
include transfers without consideration of property held by counties as a
result of tax foreclosures.
     (5) Before any county court or board of
county commissioners may transfer, under subsection (1) of this section, any
tax foreclosed lands in which the state or a political subdivision has
represented delinquent and uncollected taxes, liens or assessments, it shall
advertise in a newspaper of general circulation in the county for two
successive weeks its intention to so transfer the property. The notice shall
state when the county court will hear objections to the transfer and must
specifically describe the property intended to be transferred. After the
hearing set in the notice is held and objections are heard, it may, in its
sound discretion, proceed with the transfer. Except in the case of a transfer
for low income housing, real property shall be conveyed by deed, subject to a
reversionary interest retained by the granting political subdivision in the
event that the property is used for a purpose that is inconsistent with the
grant. The granting political subdivision may waive the subdivisionÂ’s right to
a reversionary interest at the time the property is conveyed. After the
transfer the interests of the state or any political subdivision in the land on
account of uncollected taxes, liens or assessments are extinguished, and the
county is relieved of the necessity to account for uncollected taxes, liens or
assessments. [Amended by 1981 c.787 §29; 1991 c.556 §1; 1997 c.248 §1; 1997
c.752 §2; 1999 c.366 §1; 2001 c.315 §54]
     271.335
Relinquishing reversionary interest held by political subdivision. Any political subdivision, by resolution
adopted by the governing body of the political subdivision, may waive and
relinquish any reversionary interest held by the political subdivision in
property transferred under ORS 271.330 when the transfer occurred not less than
20 years prior to the date on which the resolution is adopted. [1999 c.366 §3]
     271.340
Property valuation in exchange to be equal. When property is exchanged under the authority of ORS 271.310 to
271.330, the value of the real property accepted by the political subdivision
in exchange for any of its property plus cash, if any, shall not be less than
the value of the property relinquished. [Amended by 1981 c.787 §30]
     271.350
Determining valuation of property in exchanges. The value of the respective properties
proposed to be exchanged shall be determined by the governing body of the
political subdivision. The governing body shall cause it to be appraised by one
or more competent and experienced appraisers. The compensation, if any, of the
appraisers shall be borne equally by the respective owners of the property. In
case the valuation shall not be mutually satisfactory to the respective owners
it shall not be binding upon them. [Amended by 1981 c.787 §31]
     271.360
Lease requirements. Every
lease entered into pursuant to ORS 271.310 shall be authorized by ordinance or
order of the body executing the same and shall provide terms and conditions as
may be fixed and determined by the governing body executing the lease. The
lease may provide that the lessee shall pay ad valorem taxes assessable against
the leased property, or that the political subdivision shall pay these taxes,
in which latter event the anticipated amount of taxes shall be taken into
consideration in fixing the rental charge. [Amended by 1981 c.787 §32]
     271.370 [Amended by 1981 c.787 §33; 1983 c.660 §1;
repealed by 1985 c.443 §1]
     271.375
Public grazing lands; sale; lease or exchange. The counties of the state are authorized to
sell, convey, lease or exchange any or all county-owned lands chiefly suitable
for grazing, to or with the state or each other and with the United States of
America for other lands either of equal acreage or of equal value. All powers
granted by this section to the several counties are in addition to and not in derogation
of powers previously conferred by law. [Formerly 273.240; 1981 c.787 §34]
     271.380
Indemnifying political subdivision for loss or damage resulting from occupancy
of its property. Any
political subdivision occupying a street or public property of another
political subdivision by any structure above, on or under the surface, may
provide a contract of indemnity to protect the other political subdivision
against loss or damage resulting from that occupancy. [1959 c.442 §1; 1981
c.787 §35]
     271.390
Lease or purchase of real estate by public body or council of governments;
financing agreement. (1) As
used in this section:
     (a) “Council of governments” means a
council of governments or other similar entity created prior to the enactment
of ORS 190.010 (5) on September 29, 1991.
     (b) “Public body” has the meaning given
that term in ORS 287A.001.
     (c) “Real or personal property” means
land, improvements to land, structures, fixtures, personal property, including
furnishings, equipment and computer software purchases and licenses, and any
costs that may be capitalized under generally accepted accounting principles
and treated as costs of personal property.
     (2) A public body or a council of
governments may enter into contracts for the leasing, rental or financing of
any real or personal property that the governing body of the public body or
council of governments determines is needed, including contracts for rental,
long term leases under an optional contract for purchase, financing agreements
with vendors, financial institutions or others, or for purchase of any
property. Contracts made by a public body or a council of governments are
subject to the terms of its charter, intergovernmental agreement or other
organizing document, if applicable. If authorized by the governing body, the
contracts may:
     (a) Provide that the obligations of the
public body or council of governments under the contract is secured by a
mortgage on or other security interest in the property to be leased, rented,
purchased or financed under the contract.
     (b) Provide that the obligations of the
public body or council of governments under the contract are payable out of all
or any portion of lawfully available funds of the public body or council of
governments, and lawfully available funds may be pledged to the payment of
those obligations.
     (c) If authorized by the charter,
intergovernmental agreement or other organizing document of the public body or
council of governments, contain a covenant on the part of the public body or
council of governments to budget and appropriate in each fiscal year, in
accordance with law, sums sufficient to pay when due the amounts owing under
the contract.
     (d) Provide for the issuance of
certificates of participation in the payment obligations of the public body or
council of governments under the contract and contain other covenants,
agreements and provisions determined to be necessary or appropriate in order to
better secure the obligations of the public body or council of governments.
     (3) The lien of the pledge, mortgage or
security interest is valid and binding from the time of entering into the
contract. The revenue or property is immediately subject to the lien without
physical delivery, filing or other act, and the lien is superior to all other
claims and liens of any kind whatsoever. Subject to the terms, provisions and
limitations of the contract, the lien may be foreclosed by a proceeding brought
in the circuit court of the county in which the public body, or the greater
part thereof, or the main office of the council of governments is located, and
any tangible real or personal property subject to the lien may be sold upon the
order of the court. The proceeds of the sale must be applied first to the
payment of the costs of foreclosure and then to the amounts owing under the
contract, with any balance being paid to the public body or council of
governments. The authority granted by this section is in addition to, and not
in lieu of, any other statutory or charter authority.
     (4) A public body or council of
governments that has entered into a lease purchase or installment purchase
agreement may enter into a financing agreement to refinance the obligations of
the public body or council of governments under the lease purchase or
installment purchase agreement.
     (5) The estimated weighted average life of
a financing contract executed under this section may not exceed the estimated
dollar weighted average life of the real or personal property that is financed
with the contract. [Amended by 1995 c.333 §2; 1997 c.171 §7; 1999 c.559 §1;
2003 c.195 §8; 2005 c.443 §3; 2007 c.783 §89]
     271.400
Conveyances by political subdivision to state. Notwithstanding any other law, the governing
body of a political subdivision may convey, by a proper deed of conveyance
executed by the proper governing body, to the State of Oregon, by and through
any state agency, for carrying out the purposes of that agency, any lands or
rights therein vested in the political subdivision, upon terms and conditions
as may be agreed upon with the state agency. [Amended by 1981 c.787 §36]
     271.405
Transfer of property by city or town to county for public institutions and
works. Whenever any property
or rights therein required by any county in carrying out public purposes is
owned by an incorporated city or town within such county, the city or town may,
if in the judgment of the governing body of the city or town the public may be
benefited thereby, convey and transfer to such county by proper conveyances,
and the county may accept, such property or rights. [Amended by 1981 c.153 §59]
     271.410
Use of municipal property for rodeos, games, racing and exhibitions. Any municipal corporation having the right
to possession of real property within or without its corporate limits may rent,
lease or otherwise give possession of such real property for the purpose of
conducting such rodeos, baseball games, football games, racing and exhibitions
generally as are authorized under the laws of this state.
     271.420
City bonds as payment for land sold by city. By ordinance duly passed by its governing body, any incorporated city
or town may authorize the acceptance of its general obligation bonds or
interest coupons, or both, in payment of the purchase price of any lands
acquired and for sale by such city or town.
     271.430
Lease of space above or below street or highway; effect on prior dedication or
grant for public purpose.
Any political subdivision holding the easement or fee title to a street or
highway may lease the space above or below that street or highway for private
purposes for such period as the governing body determines the space will not be
needed for public purposes, and upon other terms and conditions the governing
body finds to be in the public interest. Before leasing the space, the
governing body shall determine that the use of the space will not unreasonably
interfere with the public use and utility use of the street or highway, and
shall notify the property owners abutting the space proposed to be leased under
this section and give them an opportunity to be heard with respect to the
proposed leasing. Lease of space above or below a street or highway for private
purposes shall not affect prior dedication or grant of the area for street or
highway purposes. [1969 c.586 §2; 1981 c.787 §37]
     271.440
Agreements for location of transmission lines on property of political
subdivision. Any political
subdivision, owning or controlling any real property or rights therein, may
enter into agreements with the
     271.445
Installation of fiber-optic lines on public land and in public right of way. (1) It is the intent of the Legislative
Assembly that the state inform city and county governments of applications for
the installation of fiber-optic lines on public land and in public rights of
way that have been submitted to state agencies.
     (2) The Governor shall direct the
Department of Transportation and the Department of State Lands to take such
action as necessary to ensure that affected city and county governments are
informed of applications for the installation and maintenance of fiber-optic
lines on public land and in public rights of way that have been submitted to
the state agencies. [1999 c.1093 §40]
     Note: 271.445 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 271 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
ACQUISITION
AND DISPOSITION OF INDUSTRIAL FACILITIES
     271.510
Definition of “industrial facility” for ORS 271.510 to 271.540. As used in ORS 271.510 to 271.540, “industrial
facility” means any land, any building or other improvement, and all real and
personal properties, including, but not limited to, machinery and equipment
deemed necessary in connection therewith, whether or not now in existence,
which shall be suitable for use for industrial, commercial, manufacturing,
research and development or warehousing purposes, but shall not include port
facilities, railroads or facilities for any purposes or enterprises which are
subject to regulation by the Public Utility Commission of Oregon. [1965 c.553 §2;
1981 c.787 §39; 1983 c.459 §13; 1985 c.541 §3]
     271.520
Declaration of legislative purpose. It is hereby declared that there is a need for the continued
development of industrial, commercial, manufacturing, research and development
and warehouse facilities to insure the growth and prosperity of the state, and
of the counties and cities within the state. It is the purpose of ORS 271.510
to 271.540 to provide the counties and cities within the state with the power
to acquire title by gift, grant or donation to one or more industrial
facilities and to lease, sell and convey such facilities to any person, firm,
partnership or corporation, either public or private. It is further declared
that the acquisition of title to such facilities and the lease, sale and
conveyance of such facilities as provided by ORS 271.510 to 271.540 is a public
purpose and shall be regarded as performing an essential governmental function
in carrying out the provisions of ORS 271.510 to 271.540. [1965 c.553 §1; 1983
c.459 §14]
     271.530
Powers of counties and cities to acquire and dispose of industrial facilities. In addition to any other powers which they
may now have, and notwithstanding any law to the contrary, each county and city
shall have the following powers:
     (1) To acquire by gift, grant or donation
one or more industrial facilities, which shall be located within the state, and
which may be located within, without, or partially within or partially without,
such county or city.
     (2) To lease to any person, firm,
partnership or corporation, either public or private, any or all of such
industrial facilities acquired pursuant to subsection (1) of this section from
a nonprofit corporation formed for the purpose of stimulating industrial
development, including any part thereof, for such rentals and upon such terms
and conditions and for such period or periods as the governing body of the
appropriate county or city may deem advisable.
     (3)(a) To sell or convey all or any of
such industrial facilities acquired by a county, including any part thereof, at
public or private sale, with or without advertisement, and to do all acts
necessary to the accomplishment of such sale and conveyance.
     (b) To sell or convey all or any of such
industrial facilities acquired by a city, including any part thereof, at public
or private sale as authorized under ORS 221.725 or 221.727, and to do all acts
necessary to the accomplishment of such sale and conveyance. [1965 c.553 §3;
1983 c.216 §3]
     271.540
County or city operation of industrial facility; exception. A county or city shall not operate an
industrial facility as a business enterprise or in any manner except as a
lessor. [1965 c.553 §4]
MISCELLANEOUS
PROVISIONS
     271.600
Use of term “squaw”; exceptions. (1) As used in this section:
     (a) “Indian tribe” has the meaning given
that term in ORS 97.740.
     (b) “Public body” has the meaning given
that term in ORS 174.109.
     (c) “Public property” has the meaning
given that term in ORS 131.705.
     (2) A public body may not use the term “squaw”
in the name of a public property.
     (3) When a public body changes a name that
contains the term “squaw,” the public body shall consider as the replacement
name a term or phrase in the language of an Indian tribe.
     (4) Subsection (2) of this section does
not apply if:
     (a) Federal law requires the use of the
term “squaw”; or
     (b) The public property is a geographic
feature that an agency of the
     Note: 271.600 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 271 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     271.610 [1953 c.158 §§1,2; repealed by 1981 c.787 §58]
     271.710 [1967 c.318 §1; repealed by 1983 c.642 §11]
CONSERVATION
AND HIGHWAY SCENIC PRESERVATION EASEMENTS
     271.715
Definitions for ORS 271.715 to 271.795. As used in ORS 271.715 to 271.795, unless the context otherwise
requires:
     (1) “Conservation easement” means a
nonpossessory interest of a holder in real property imposing limitations or
affirmative obligations the purposes of which include retaining or protecting
natural, scenic, or open space values of real property, ensuring its
availability for agricultural, forest, recreational, or open space use,
protecting natural resources, maintaining or enhancing air or water quality, or
preserving the historical, architectural, archaeological, or cultural aspects
of real property.
     (2) “Highway scenic preservation easement”
means a nonpossessory interest of a holder in real property imposing
limitations or affirmative obligations the purposes of which include retaining
or protecting natural, scenic or open space values of property.
     (3) “Holder” means:
     (a) The state, any county, metropolitan
service district, soil and water conservation district, city or park and
recreation district or a county service district established under ORS 451.410
to 451.610 to construct, maintain and operate service facilities in Washington
or Clackamas Counties for the purposes specified in ORS 451.010 (1)(a) and (b)
and in Washington County for the purpose specified in ORS 451.010 (5) acting
alone or in cooperation with any federal or state agency, public corporation or
political subdivision;
     (b) A charitable corporation, charitable
association, charitable trust, the purposes or powers of which include
retaining or protecting the natural, scenic, or open space values of real
property, assuring the availability of real property for agricultural, forest,
recreational, or open space use, protecting natural resources, maintaining or
enhancing air or water quality, or preserving the historical, architectural,
archaeological, or cultural aspects of real property; or
     (c) An Indian tribe as defined in ORS
97.740.
     (4) “Third-party right of enforcement”
means a right provided in a conservation easement or highway scenic
preservation easement to enforce any of its terms granted to a governmental
body, charitable corporation, charitable association or charitable trust,
which, although eligible to be a holder, is not a holder. [1983 c.642 §1; 1985
c.160 §1; 1997 c.249 §78; 1999 c.208 §1; 2001 c.708 §12; 2001 c.907 §2; 2003
c.467 §1; 2005 c.368 §1]
     271.720 [1967 c.318 §2; 1975 c.511 §1; 1981 c.787 §40;
repealed by 1983 c.642 §11]
     271.725
Acquisition and creation of conservation or highway scenic preservation
easement. (1) The state, any
county, metropolitan service district, soil and water conservation district,
city or park and recreation district or a county service district established
under ORS 451.410 to 451.610 to construct, maintain and operate service
facilities in Washington or Clackamas Counties for the purposes specified in
ORS 451.010 (1)(a) and (b) and in Washington County for the purpose specified
in ORS 451.010 (5) may acquire by purchase, agreement or donation, but not by
exercise of the power of eminent domain, unless specifically authorized by law,
conservation easements in any area within their respective jurisdictions
wherever and to the extent that a state agency or the governing body of the
county, metropolitan service district, soil and water conservation district,
city, park and recreation district or county service district established under
ORS 451.410 to 451.610 to construct, maintain and operate service facilities in
Washington or Clackamas Counties for the purposes specified in ORS 451.010
(1)(a) and (b) and in Washington County for the purpose specified in ORS
451.010 (5) determines that the acquisition will be in the public interest.
     (2) Except as otherwise provided in ORS
271.715 to 271.795, a conservation easement or highway scenic preservation
easement may be created, conveyed, recorded, assigned, released, modified,
terminated, or otherwise altered or affected in the same manner as other
easements.
     (3) The state, any county, metropolitan
service district, soil and water conservation district, city or park and
recreation district or a county service district established under ORS 451.410
to 451.610 to construct, maintain and operate service facilities in Washington
or Clackamas Counties for the purposes specified in ORS 451.010 (1)(a) and (b)
and in Washington County for the purpose specified in ORS 451.010 (5) may
acquire by purchase, agreement or donation, but not by exercise of the power of
eminent domain unless specifically authorized by law, highway scenic
preservation easements in land within 100 yards of state, county or city
highway rights of way. These easements may be acquired only in lands that
possess significant scenic value in themselves and contribute to the overall
scenic beauty of the highway.
     (4) No right or duty in favor of or
against a holder and no right in favor of a person having a third-party right
of enforcement arises under a conservation easement or highway scenic
preservation easement before its acceptance by the holder and recordation of
the acceptance.
     (5) Except as provided in ORS 271.755 (2)
a conservation easement or highway scenic preservation easement is unlimited in
duration unless the instrument creating it otherwise provides.
     (6) An interest in real property in
existence at the time a conservation easement or highway scenic preservation
easement is created is not impaired by it unless the owner of the interest is a
party to or consents to the conservation easement or highway scenic
preservation easement. [1983 c.642 §2; 1985 c.160 §2; 1997 c.249 §79; 1999
c.208 §2; 2003 c.467 §2; 2005 c.368 §2]
     271.729
Report on effect of conservation or highway scenic preservation easement on
property value; fee. (1) An
owner of real property considering whether to convey a conservation easement or
a highway scenic preservation easement to a holder may apply to the county
assessor for a report on the effect of the conveyance of the easement on the
assessed value of the property upon which the easement is to be granted.
     (2) The request for the report shall be
made in writing to the assessor and shall be accompanied by:
     (a) An appraisal of the property prepared
by an appraiser certified or licensed under ORS chapter 674. The appraisal
shall have been prepared within three months preceding the date that
application is made to the assessor and shall state the appraiserÂ’s opinion of
the real market value of the property both before and after the easement is
conveyed;
     (b) A copy of the instrument creating the
easement; and
     (c) A fee in an amount determined by the
assessor, as reimbursement for the costs of preparing the report.
     (3) Upon receipt of a completed
application, the assessor shall determine what the assessed value for the
property would have been had the easement been accepted and recorded by the
proposed holder for the last tax year in which a property tax statement
described in ORS 311.250 was sent to the property owner. The assessor shall
prepare a written report stating the assessorÂ’s findings and shall send the
report to the property owner. [2001 c.925 §11]
     271.730 [1967 c.318 §3; 1981 c.787 §41; repealed by
1983 c.642 §11]
     271.735
Hearing; notice. (1) Before
the acquisition of a conservation easement or highway scenic preservation
easement, the state agency, county, metropolitan service district, soil and
water conservation district, city, park and recreation district or county
service district established under ORS 451.410 to 451.610 to construct,
maintain and operate service facilities in Washington or Clackamas Counties for
the purposes specified in ORS 451.010 (1)(a) and (b) and in Washington County
for the purpose specified in ORS 451.010 (5) considering acquisition of such an
easement shall hold one or more public hearings on the proposal and the reasons
therefor. The hearings shall be held in the community where the easement would
be located and all interested persons, including representatives of other
governmental agencies, shall have the right to appear and a reasonable
opportunity to be heard.
     (2) Notice of the hearing shall be
published at least twice, once not less than 12 days and once not less than
five days, prior to the hearing in a newspaper of general circulation in the
community. The notice may also be published by broadcasting or telecasting generally
in the community.
     (3) At least 30 days prior to the hearing,
the state agency shall mail notice of the hearing to the governing body of each
county, city and other governmental agency having jurisdiction in the area of
the proposed easements.
     (4) This section does not apply to
conservation easements or highway scenic preservation easements acquired
pursuant to ORS 390.121, 390.310 to 390.338 and 390.805 to 390.925 or acquired
pursuant to a metropolitan service district bond measure authorizing the acquisition
of open spaces within specific areas. [1983 c.642 §9; 1985 c.160 §3; 1989 c.904
§29; 1999 c.208 §3; 2003 c.467 §3; 2005 c.368 §3]
     271.740 [1967 c.318 §4; 1981 c.787 §42; repealed by
1983 c.642 §11]
     271.745
Validity of conservation or highway scenic preservation easement. A conservation easement or highway scenic
preservation easement is valid even though:
     (1) It is not appurtenant to an interest
in real property;
     (2) It can be or has been assigned to
another holder;
     (3) It is not of a character that has been
recognized traditionally at common law;
     (4) It imposes a negative burden;
     (5) It imposes affirmative obligations
upon the owner of an interest in the burdened property or upon the holder;
     (6) The benefit does not touch or concern
real property; or
     (7) There is no privity of estate or of
contract. [1983 c.642 §4; 1985 c.160 §4]
     271.750 [1967 c.318 §5; 1975 c.511 §2; 1981 c.787 §43;
repealed by 1983 c.642 §11]
     271.755
Action affecting conservation or highway scenic preservation easement; standing
to bring action. (1) An
action affecting a conservation easement or highway scenic preservation
easement may be brought by:
     (a) An owner of an interest in real
property burdened by the easement;
     (b) A holder of the easement;
     (c) A person having a third-party right of
enforcement; or
     (d) A person authorized by other law.
     (2) ORS 271.715 to 271.795 do not affect
the power of a court to modify or terminate a conservation easement or highway
scenic preservation easement in accordance with the principles of law and
equity. [1983 c.642 §3; 1985 c.160 §5; 1997 c.249 §80]
     271.765
Applicability. (1) ORS
271.715 to 271.795 apply to any interest created after October 15, 1983, that
complies with ORS 271.715 to 271.795, whether designated as a conservation
easement or highway scenic preservation easement, or as a covenant, equitable
servitude, restriction, easement, or otherwise.
     (2) ORS 271.715 to 271.795 apply to any
interest created before October 15, 1983, if it would have been enforceable had
it been created after October 15, 1983, unless retroactive application
contravenes the Constitution or laws of this state or the
     (3) ORS 271.715 to 271.795 do not
invalidate any interest, whether designated as a conservation or preservation
easement or as a covenant, equitable servitude, restriction, easement, or
otherwise, that is enforceable under other law of this state. [1983 c.642 §5;
1985 c.160 §7; 1997 c.249 §81]
     271.775
Rules governing conservation and highway scenic preservation easements. The board or officer administering a state
agency or the governing body of any county, metropolitan service district, soil
and water conservation district, city or park and recreation district or of a
county service district established under ORS 451.410 to 451.610 to construct,
maintain and operate service facilities in Washington or Clackamas Counties for
the purposes specified in ORS 451.010 (1)(a) and (b) and in Washington County
for the purpose specified in ORS 451.010 (5) may make and enforce reasonable
rules, regulations, orders or ordinances governing the care, use and management
of its conservation easements and highway scenic preservation easements. [1983
c.642 §7; 1985 c.160 §8; 1999 c.208 §4; 2003 c.467 §4; 2005 c.368 §4]
     271.785
Taxation of property subject to highway scenic preservation easement. For the purpose of taxation, real property
that is subject to a highway scenic preservation easement shall be assessed on
the basis of the real market value of the property less any reduction in value
caused by the highway scenic preservation easement. Such an easement shall be
exempt from assessment and taxation the same as any other property owned by the
holder. [1983 c.642 §8; 1985 c.160 §6; 1991 c.459 §371; 2007 c.809 §18]
     Note: Section 21, chapter 809, Oregon Laws 2007,
provides:
     Sec.
21. Sections 2 to 7 of this
2007 Act [308A.450 to 308A.465] and the amendments to ORS 215.236, 271.785,
308A.253, 308A.318, 308A.703, 308A.706, 308A.707, 308A.712, 308A.718, 308A.724,
308A.733, 308A.743 and 321.716 by sections 8 to 20 of this 2007 Act apply to
tax years beginning on or after July 1, 2008. [2007 c.809 §21]
     271.795
Construction of Act. ORS
271.715 to 271.795 shall be applied and construed to effectuate the general
purpose to make uniform the laws with respect to the subject of ORS 271.715 to
271.795 among states enacting it. [1983 c.642 §6; 1997 c.249 §82]
_______________
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