2007 Oregon Code - Chapter 273 :: Chapter 273 - State Lands Generally
Chapter 273 —
State Lands Generally
2007 EDITION
STATE LANDS GENERALLY
PUBLIC LANDS
GENERAL PROVISIONS
273.006Â Â Â Â Definitions
LAND COMMISSIONER
273.020Â Â Â Â Governor
as land commissioner
STATE LAND BOARD
273.031Â Â Â Â
273.035Â Â Â Â Governor
is chairperson of board; rules; quorum; meetings; notice
DEPARTMENT OF STATE LANDS
(Creation and General Powers)
273.041Â Â Â Â Department
of State Lands
273.045Â Â Â Â Administrative
policies; rules
273.051Â Â Â Â General
powers and duties of department and board
273.055Â Â Â Â Power
to acquire and dispose of real property
273.061Â Â Â Â Power
of eminent domain
273.065Â Â Â Â Finality
of certain actions
273.071Â Â Â Â Oaths;
depositions; subpoenas
(Documents)
273.075Â Â Â Â Deed
to purchaser
273.081Â Â Â Â Execution
of documents; recordation
273.085Â Â Â Â Recording
copies of documents
273.091Â Â Â Â Recording
fees; return of documents
273.095Â Â Â Â Copies
or transcripts as evidence
273.099Â Â Â Â Property
transaction instruments to be maintained with department
(Finances)
273.101Â Â Â Â Common
School Fund
273.105Â Â Â Â Distributable
Income Account
273.115Â Â Â Â Department
use of Common School Fund
273.121Â Â Â Â Expenditures
of funds under control of department
273.125Â Â Â Â Refund
of moneys
273.131Â Â Â Â Compromise
or release of claims
(Cooperation With Other Agencies and
Governmental Entities)
273.135Â Â Â Â Agreements
with other agencies for special services; costs; interagency services
273.141Â Â Â Â Nature
of services to be performed by certain other agencies
273.145Â Â Â Â Department
powers in exchanges, settlements and indemnifications
273.151Â Â Â Â Cooperation
with federal government
273.155Â Â Â Â Cooperation
of state and county agencies
(Director and Staff)
273.161Â Â Â Â Director
of department; salary of director and staff
273.165Â Â Â Â Oath
and bond of director
273.171Â Â Â Â Duties
and authority of director
273.175Â Â Â Â Employees
of department; compensation; fidelity bonds
273.183Â Â Â Â Authority
of department to require fingerprints
273.185Â Â Â Â Director
to investigate trespasses on state lands; appearance before federal agencies;
expenses
AGREEMENTS FOR MAINTENANCE AND INTERPRETIVE
SERVICES
273.196Â Â Â Â Agreements
to provide maintenance of state lands; program; minimum requirements; rules
273.197Â Â Â Â Agreements
to provide interpretive services
273.199Â Â Â Â Rules
for agreements for interpretive services
REMOVAL OF MATERIAL FROM STATE LANDS
273.225Â Â Â Â Application
for lease to take material; form
273.231Â Â Â Â Removal
without compliance with statute
273.235Â Â Â Â DepartmentÂ’s
powers to enforce statute
273.241Â Â Â Â Action
to recover damages for unlawful removal of material
MANAGEMENT AND DISPOSITION OF REAL ESTATE
273.245Â Â Â Â Asset
management plan; schedule for disposition
273.247Â Â Â Â Disposal
of isolated parcels of rangeland; sale procedure
273.251Â Â Â Â Classification
of state lands
273.255Â Â Â Â Eligibility
to purchase state lands
273.261Â Â Â Â Applications
generally
273.265Â Â Â Â Application
for submersible lands
273.275Â Â Â Â Price
of state lands; sale to highest bidder
273.281Â Â Â Â Payment
for state lands
273.285Â Â Â Â Certificate
of sale to installment purchaser; records of sale
273.290Â Â Â Â Cancellation
and forfeiture on default in payments
273.295Â Â Â Â Assignment
of certificates of sale; deed to assignee
273.300Â Â Â Â Issuance
of deed
273.306Â Â Â Â Execution
and record of deeds
273.311Â Â Â Â Correction
of deeds; refund of purchase price; refund to assignee of certificate of sale
issued on fraudulent application
EXCHANGE OF STATE LANDS
273.316Â Â Â Â Exchanging
state lands to accumulate larger tracts
273.321Â Â Â Â Notification
to lessee prior to exchange; hearing
STATE LANDS UNLAWFULLY ACQUIRED
273.326Â Â Â Â Compromise
with owners of state lands unlawfully acquired; disposal of lands received
through compromise
273.331Â Â Â Â Subdivision
and disposal of other lands as condition of compromise
INDEMNITY LANDS
273.335Â Â Â Â Object
of ORS 273.340 and 273.345
273.340Â Â Â Â Ascertainment
and procurement of indemnity lands
273.345Â Â Â Â Determination
of advisability of selection of indemnity lands within national forest reserves
273.350Â Â Â Â Selection
and sale of indemnity lands
ADJUSTING CERTAIN ERRONEOUS SALES
273.356Â Â Â Â Definitions
for ORS 273.356 to 273.375
273.360Â Â Â Â Applicant
to relinquish claim; refund of purchase price and taxes paid
273.365Â Â Â Â When
refunds not available; source of refunds
273.370Â Â Â Â Alternative
to refund
273.375Â Â Â Â Acquisition
by state of applicantÂ’s interest; price
273.382Â Â Â Â Definitions
for ORS 273.382 to 273.386
273.384Â Â Â Â Administration
of Space Age Industrial Park; disposition of income and proceeds
273.386Â Â Â Â
273.388Â Â Â Â Acquisition
of
DISPOSITION OF LAND NOT NEEDED FOR PUBLIC
PURPOSE
273.413Â Â Â Â Disposition
of unsuitable state lands; sale; use of proceeds; procedures
273.416Â Â Â Â Exchange
of property held as trust fund asset
273.421Â Â Â Â Relinquishing
title to United States Government or governmental body or subdivision;
continued public use requirement
273.426Â Â Â Â Exchange
of property; value
273.431Â Â Â Â Procedure
for determining value of properties to be exchanged
273.436Â Â Â Â Lease
procedure; payment of taxes
273.441Â Â Â Â Agency
donation of property for industrial or manufacturing use; conditions
273.447Â Â Â Â Disposition
of state lands suitable for grazing
273.452Â Â Â Â Indemnification
contract for occupancy of political subdivision lands
273.456Â Â Â Â Lease
of space above or below street or highway; conditions; effect on prior
dedications
SUBMERSIBLE AND SWAMP LANDS
273.505Â Â Â Â Object
of ORS 273.511
273.511Â Â Â Â Acquisition
of submersible and swamp lands; reclamation
273.522Â Â Â Â Definition
of “forest products”
273.523Â Â Â Â
273.525Â Â Â Â Appraisal
of forest products; notice; sale conditions
273.531Â Â Â Â Decision
by department on bids
273.535Â Â Â Â Bond
requirements for sale of forest products
273.541Â Â Â Â Execution
and delivery of instruments
DRILLING LEASES
273.551Â Â Â Â Mining
and drilling leases on state lands; fee
273.553Â Â Â Â South
Slough National Estuarine Research Reserve; agreement between
273.554Â Â Â Â South
Slough National Estuarine Research Reserve Management Commission; powers;
rules; fees; membership; procedures; expenses
273.556Â Â Â Â South
273.557Â Â Â Â Appeal
to State Land Board
273.558Â Â Â Â Penalties;
enforcement; injunctive relief
NATURAL HERITAGE PROGRAM
273.563Â Â Â Â Definitions
for ORS 273.563 to 273.591
273.566Â Â Â Â Legislative
findings
273.571Â Â Â Â Natural
Heritage Advisory Council; members; terms; qualifications; compensation;
duties; rules; property gifts and donations
273.576Â Â Â Â State
Land Board duties; Oregon Natural Heritage Plan; contents; implementing plan
273.578Â Â Â Â Plan
approval; review of modifications by board
273.581Â Â Â Â Natural
heritage areas register; contents; agreements between board and landowners
273.586Â Â Â Â Dedication
of land for natural heritage conservation purposes; notice and hearing;
termination of dedication
273.591Â Â Â Â Natural
Heritage Program Account
REMOVAL OF VALUABLE MATERIALS
273.715Â Â Â Â Rules
for removal of semiprecious stones and petrified wood from state lands; fees;
removal contrary to rules
RIGHTS OF WAY
273.751Â Â Â Â State
land grants to railroads
273.755Â Â Â Â Filing
maps of railroad location and depot sites; departmentÂ’s duties
273.761Â Â Â Â Right
of way for water ditches and pipes
273.765Â Â Â Â Liability
for costs of relocation or extension of mains and outfalls
MINERAL AND GEOTHERMAL RESOURCE RIGHTS
273.775Â Â Â Â Definitions
for ORS 273.775 to 273.790
273.780Â Â Â Â Retention
of mineral and geothermal resource rights by state; exploration permit or
lease; sale or exchange; exception
273.785Â Â Â Â Application
of ORS 273.551 and 273.775 to 273.790; rules
273.787Â Â Â Â Release
and transfer of mineral or geothermal resources; rules; fee
273.790Â Â Â Â Registry
of rights under state board
COMMON SCHOOL GRAZING LANDS
273.805Â Â Â Â Definitions
for and purpose of ORS 273.805 to 273.825
273.815Â Â Â Â DepartmentÂ’s
powers; terms of grazing lease; termination
273.820Â Â Â Â Exchange
of lands
273.825Â Â Â Â Purchase
of lands by lessee or other person
SETTLEMENT OF TITLE TO CERTAIN LANDS IN
273.850Â Â Â Â State
title to certain lands and improvements transferred to
273.855Â Â Â Â
273.860Â Â Â Â Filing
fee; use of fees; additional fee to cover costs of investigation
273.865Â Â Â Â Application
for deed; investigation; deadline on application
273.870Â Â Â Â Notice
of deed application; protest; hearing; dual applications
273.875Â Â Â Â Findings
of board; notice; rehearing procedure
273.880Â Â Â Â Judicial
review procedure
273.885Â Â Â Â State
prohibited from questioning certain titles
273.890Â Â Â Â Application
of ORS 273.850 to 273.890 to certain lands; tax refunds prohibited
VALIDATING STATUTES
273.900Â Â Â Â Confirmation
of title to tide lands and tide flats
273.902Â Â Â Â Confirmation
of title to swamp and overflow lands; deed to claimant
273.903Â Â Â Â Title
of certain swamp lands not to be questioned by department; prohibition against
sale of certain swamp lands
273.905Â Â Â Â Confirmation
of state land deeds prior to 1891
273.910Â Â Â Â Confirmation
of title to state lands purchased before 1918
273.915Â Â Â Â Release
of claims under pre-1947 deeds reserving right of way
273.920Â Â Â Â Validation
of mineral leases executed and delivered before August 9, 1961
PENALTIES
273.990Â Â Â Â Penalties
273.005 [1959 c.45 §1; 1967 c.421 §95; renumbered
279.711]
GENERAL PROVISIONS
     273.006
Definitions. As used in this
chapter, unless the context requires otherwise:
     (1) “Board” means the State Land Board.
     (2) “County recording officer” means the
county clerk or other county officer carrying out ORS 205.130 to 205.220.
     (3) “Department” means the Department of
State Lands.
     (4) “Director” means the Director of the
Department of State Lands.
     (5) “Land” includes water, water rights,
easements of every nature and all appurtenances to land.
     (6) “Material” includes gravel, rock, sand
and silt, but does not include hard minerals subject to ORS 274.610, or oil,
gas and sulfur subject to ORS 274.705 to 274.860.
     (7) “Public land” means any land or
improvements thereon owned by the State of
     (8) “State land” means public land
controlled by the Department of State Lands.
     (9) “Terminal disposition” means the
permanent relinquishment by an agency of rights in real property, including,
but not limited to, sale, exchange, conveyance, relinquishment of title, or
donation. [1967 c.421 §2; 1967 c.616 §12; 1969 c.594 §2; 1971 c.88 §5; 1981
c.787 §44; 1991 c.217 §2; 2003 c.253 §15]
     273.010 [Amended by 1961 c.618 §1; 1967 c.421 §49;
renumbered 273.251]
LAND
COMMISSIONER
     273.020
Governor as land commissioner.
The Governor is Land Commissioner for the State of
     273.030 [Amended by 1967 c.80 §1; repealed by 1967
c.421 §50a (273.255, 273.261 and 273.265 enacted in lieu of 273.030)]
STATE LAND
BOARD
     273.031
     273.035
Governor is chairperson of board; rules; quorum; meetings; notice. (1) The Governor shall act as chairperson of
the State Land Board. The board shall establish rules under ORS 183.325 to
183.410 for holding regular meetings and the means whereby timely notification
of regular meetings may be given.
     (2) Two members of the board constitute a
quorum to transact business and exercise all rights, duties and powers of the
board.
     (3) The board shall give six days’ public
notice by delivery personally to each member and by mail to each wire service,
newspaper, radio or television station requesting such notice prior to each
meeting.
     (4) A special meeting may be called at any
time upon notice by the Governor, or by a majority of the members of the board.
[1967 c.616 §5; 1973 c.406 §1; 1989 c.284 §1]
     273.040 [Amended by 1967 c.80 §2; 1967 c.421 §54;
renumbered 273.271]
DEPARTMENT OF
STATE LANDS
(Creation and
General Powers)
     273.041
Department of State Lands.
The Department of State Lands is created, and consists of the Director of the
Department of State Lands and all officers and employees of the department
acting under the State Land Board. Subject to ORS 273.171, the department shall
exercise all of the administrative functions exercised by the clerk and other
personnel of the State Land Board before January 1, 1968. [1967 c.616 §4; 2003
c.253 §1]
     273.045
Administrative policies; rules.
The Department of State Lands shall establish its administrative policies in
accordance with the laws prescribing its powers and duties and the general
policies formulated by the State Land Board. Acting subject to the approval of
the board and in compliance with ORS chapter 183, the Director of the
Department of State Lands shall promulgate such rules as are necessary to carry
out the policies of the department and to attain maximum efficiency in its
administration. [1967 c.616 §9]
     273.050 [Amended by 1967 c.421 §55; renumbered
273.275]
     273.051
General powers and duties of department and board. (1) The Department of State Lands may cancel
certificates of sale for lands owned by this state, if unlawfully obtained.
     (2) The
     (a) Manage, control and protect the common
school grazing lands under ORS 273.805 to 273.825 so as to secure the greatest
permanent value of the lands to all the people of this state, particularly for
the dedicated purposes of the lands and the common schools to which the
resources of the lands are devoted.
     (b) Give due consideration, in the sale,
exchange or leasing of any state lands under its control, to the protection and
conservation of all natural resources, including scenic and recreational
resources, of such lands, so as to conserve the public health and recreational
enjoyment of the people, protect property and human life, and conserve plant,
aquatic and animal life.
     (3) The department shall coordinate the
program and financial accounting activities assigned to other agencies under
ORS 273.141 as directed by the State Land Board. [1967 c.421 §7; 1967 c.616 §27b;
1995 c.589 §2]
     273.055
Power to acquire and dispose of real property. If it finds it advisable in carrying out its
duties, the Department of State Lands in the name of the State of Oregon may
take title to real and personal property in fee simple or absolutely, in trust
or under such other conditions as it considers advisable, and may convey title
thereto or execute agreements necessary to carry out its duties. [Formerly
273.710; 1969 c.594 §3]
     273.060 [Amended by 1967 c.147 §3; 1967 c.421 §39;
renumbered 273.201]
     273.061
Power of eminent domain. The
power of eminent domain may be exercised by the State of
     273.065
Finality of certain actions.
All acts and decisions of the Department of State Lands as to the legal title,
and the right to a certificate of sale or deed from the state, shall be final. [1967
c.421 §11]
     273.070 [Amended by 1967 c.421 §40; renumbered
273.205]
     273.071
Oaths; depositions; subpoenas.
(1) At all hearings pertaining to lands owned by the state, the Director of the
Department of State Lands may administer oaths and take depositions. The State
Land Board may issue subpoenas to compel the attendance of witnesses and the
production of documents or other necessary written information.
     (2) If any person served with a subpoena
issued under this section fails to obey the subpoena without legal excuse, or
refuses to testify on matters on which the person lawfully may be interrogated,
the procedure provided in ORS 183.440 shall be followed to compel obedience. [Formerly
273.430]
(Documents)
     273.075
Deed to purchaser. When
lands formerly belonging to the State of Oregon are disposed of and final
payment has been made, the Director of the Department of State Lands shall
execute and deliver to the purchaser a deed in a manner and form prescribed by
the rules of the Department of State Lands, conveying all right, title and
interest which the state may have in and to such lands, except as otherwise
provided by law. [Formerly 273.720; 1969 c.594 §4]
     273.080 [Amended by 1967 c.421 §41; renumbered
273.211]
     273.081
Execution of documents; recordation. The Director of the Department of State Lands may execute on behalf of
the Department of State Lands all documents required to carry out its powers
and duties, in the manner and form prescribed by the rules of the department.
All documents so executed shall be admitted to record without acknowledgment. [Formerly
273.450; 1969 c.594 §5]
     273.085
Recording copies of documents.
Copies of any document permitted by law to be recorded that are executed by the
Director of the Department of State Lands, or executed by the State Land Board
before January 1, 1968, and certified by the director, are entitled to record
in the office of any county recording officer. Documents affecting the title to
real property that are permitted by law to be recorded shall be recorded in the
county where such real property is situated; copies of all other documents
permitted by law to be recorded that are executed by the Department of State
Lands may be recorded in any county designated by the department. [Formerly
273.555; 1969 c.594 §6; 1999 c.803 §4]
     273.090 [Amended by 1967 c.421 §42; renumbered
273.216]
     273.091
Recording fees; return of documents. The person offering a copy of a document mentioned in ORS 273.085 for
recording shall pay the recording fee. When a copy of a document has been
recorded it shall be returned by the recording officer to the Director of the
Department of State Lands or other party as stated on the recorded document. [Formerly
273.565; 1999 c.803 §5]
     273.095
Copies or transcripts as evidence. The record of any copy of a document recorded under ORS 273.085, or a
transcript thereof certified by the county recording officer, shall be received
in evidence in all courts in this state with like force and effect as the
original document. [Formerly 273.575]
     273.099
Property transaction instruments to be maintained with department. Unless otherwise provided by law, all deeds,
conveyances and leases belonging to this state must be deposited and preserved
in the office of the Department of State Lands. Upon the sale of any real
property belonging to the state, a copy of the instrument that conveys the
property must be filed with the department by the officer or agency in charge
of the sale. [1993 c.98 §4]
     273.100 [Amended by 1967 c.421 §56; renumbered
273.281]
(Finances)
     273.101
Common School Fund. The
Department of State Lands shall administer the Common School Fund as provided
in ORS 327.405 to 327.480. [1967 c.421 §20]
     273.105
Distributable Income Account.
(1) The Distributable Income Account is established within the Common School
Fund. The Department of State Lands shall administer this account in accordance
with section 4, Article VIII, Oregon Constitution, and applicable laws.
     (2) The following moneys in the Common
School Fund shall be credited to the Distributable Income Account:
     (a) Moneys received under ORS 390.715 and
390.725 after deducting the administrative costs of the State Parks and
Recreation Department.
     (b) So much of the income derived from the
investment of the Common School Fund as the State Land Board deems appropriate
after payment of the expenses of the State Land Board authorized to be paid
under section 2 (2), Article VIII of the Oregon Constitution.
     (c) The income derived from unclaimed
property held by the Director of the Department of State Lands or deposited in
the Common School Fund.
     (d) Other moneys received by the
Department of State Lands that are required by law to be credited to the
Distributable Income Account.
     (3) All other moneys received by the
Department of State Lands shall be credited to the Common School Fund.
     (4) The moneys in the Distributable Income
Account are appropriated continuously for apportionment according to ORS
327.410. [1967 c.421 §21; 1969 c.338 §1; 1969 c.601 §29; 1977 c.344 §1; 1987
c.760 §2; 1991 c.348 §1; 1995 c.205 §1; 2003 c.253 §16; 2005 c.296 §1]
     273.110 [Amended by 1967 c.421 §57; renumbered
273.285]
     273.111 [Formerly 274.300; 1969 c.594 §9; repealed
by 2005 c.755 §59]
     273.115
Department use of Common School Fund. The Department of State Lands may use so much of the Common School
Fund as is necessary for:
     (1) The acquisition of lands, easements,
and all other interests in real property.
     (2) Improvement, operation, and
maintenance of property, crops, timber, fixtures and appurtenances whether
granted or otherwise acquired at any time. [1967 c.421 §23; 1969 c.338 §2; 1987
c.760 §3]
     273.120 [Repealed by 1967 c.421 §206]
     273.121
Expenditures of funds under control of department. Notwithstanding any other provision of law,
all funds under the control of the Department of State Lands shall be expended
by warrant drawn on the State Treasurer, and then only upon proper claim
approved by the Director of the Department of State Lands or the authorized
representative of the director submitted to the Secretary of State for audit. [Formerly
273.445; 1969 c.594 §12]
     273.125
Refund of moneys. Whenever
it appears to the Department of State Lands that any moneys have been
erroneously paid to it, the department may make an appropriate refund. [Formerly
273.470]
     273.130 [Amended by 1967 c.421 §58; renumbered
273.290]
     273.131
Compromise or release of claims. The Department of State Lands may, whenever in its judgment such
course is to the best interest of the state, compromise, settle, release and
discharge any mortgage, judgment or other claim in favor of the State of Oregon,
and arising out of the sale or lease of property within the jurisdiction of the
department, upon such terms as the department may direct. [Formerly 273.460]
(Cooperation
With Other Agencies and Governmental Entities)
     273.135
Agreements with other agencies for special services; costs; interagency
services. (1) The Department
of State Lands may enter into written agreements with any governmental agency
for the performance of specialized, technical, professional, administrative or
other services and for the furnishing of facilities and materials to carry out
provisions of law applicable to the department. The activities and programs
performed under such agreements remain subject to supervision and control by
the department.
     (2) All expenses incurred by a
governmental agency in performing services and furnishing facilities and
materials under an agreement entered into pursuant to subsection (1) of this
section shall be paid by the department to such performing agency in the manner
other claims are paid. Payments by the department pursuant to this section and
ORS 273.141 shall be made from moneys available to the department for the
payment of its expenses. Before making any deposit to the credit of the Common
School Fund, or any other fund or account managed by the department, the
department may first deduct all expenses incurred pursuant to agreements
entered into under this section and ORS 273.141.
     (3) Any state agency authorized under ORS
283.110 to furnish services, facilities and materials to other state agencies
may in like manner furnish such services, facilities and materials to the
department under written agreement pursuant to this section. All moneys
received by a state agency in payment for services, facilities and materials
rendered under a written agreement with the department may be paid, deposited
and credited in like manner as provided in ORS 283.110 (2), or credited to the
account from which the cost of the services, facilities and materials was
originally paid. [Formerly 273.585; 1995 c.589 §3]
     273.140 [Amended by 1967 c.421 §59; renumbered
273.295]
     273.141
Nature of services to be performed by certain other agencies. In order to provide the Department of State
Lands with the specialized assistance necessary to its operations and the transaction
of its business, and in addition to other agreements that may be entered into
under ORS 273.135, the department may enter into written agreements with the
state agencies designated in this section for the operation of programs and
activities assigned to the department. Subject to final review and approval by
the State Land Board:
     (1) The State Forestry Department may
perform the functions assigned by the board that relate to forest resources.
     (2) The State Department of Geology and
Mineral Industries may perform the functions of the Department of State Lands
that relate to mineral resources.
     (3) The Department of Veterans’ Affairs
may perform the functions of the Department of State Lands that relate to
investment of funds in mortgages secured by real property.
     (4) The State Treasurer may perform the
functions of the Department of State Lands that relate to investments of funds
administered by the Department of State Lands not described in subsection (3)
of this section, and that relate to escheated property.
     (5) The State Department of Agriculture
may perform the functions assigned by the board and the functions pertaining to
management and regulation of grazing land and other agricultural lands. [Formerly
273.595; 1995 c.589 §4; 2003 c.253 §17; 2005 c.625 §62]
     273.145
Department powers in exchanges, settlements and indemnifications. The Department of State Lands may enter into
contracts with any person owning lands adapted to the purposes of ORS 273.316
to 273.345 and 273.511, for the subdivision, settlement and sale of all or any
portion thereof, under the direction and supervision of the department and such
conditions as may be agreed to. [Formerly 273.640; 1969 c.594 §15]
     273.150 [Amended by 1967 c.421 §60; renumbered
273.300]
     273.151
Cooperation with federal government. The Department of State Lands may cooperate with the federal
government for the development, settlement, subdivision and disposition of
lands belonging to the State of
     273.155
Cooperation of state and county agencies. The Department of State Lands, in carrying out its duties, may call
upon all related state and county agencies, including
     273.160 [Amended by 1967 c.421 §61; 1967 c.616 §§14,
14a; renumbered 273.306]
(Director and
Staff)
     273.161
Director of department; salary of director and staff. (1) The
     (2) The director shall receive such salary
as is fixed by the board. In addition to salary, subject to applicable law
regulating travel and other expenses of state officers, the director shall be
reimbursed for actual and necessary travel and other expenses incurred in the
performance of official duties.
     (3) The salaries and other expenses of the
director and employees of the Department of State Lands shall be paid out of
revenues accruing to the Common School Fund. [1967 c.616 §6; 2003 c.253 §3]
     273.165
Oath and bond of director.
Before entering upon the duties of office, the Director of the Department of
State Lands shall take an oath to perform faithfully the duties of the
director. The director shall give to the state a fidelity bond, with one or
more corporate sureties authorized to do business in this state, in a penal sum
fixed by the State Land Board. The premium on the bond shall be paid from
moneys available for the payment of expenses of the Department of State Lands. [1967
c.616 §7]
     273.170 [Renumbered 273.915]
     273.171
Duties and authority of director. (1) The Director of the Department of State Lands is chief executive
officer of the Department of State Lands, and is responsible for the administration
of the laws conferring powers or imposing duties upon the department, subject
to specific policies formulated by the State Land Board and review of the
actions of the director by the board.
     (2) Under written policy directives
adopted by the board and recorded in its minutes, the director has full
authority with respect to the retention or disposition of all lands subject to
the jurisdiction of the department, including but not limited to the
management, sale, leasing, exchange or other conveyance of such lands. [1967
c.616 §8]
     273.175
Employees of department; compensation; fidelity bonds. Subject to any applicable provision of the
State Personnel Relations Law:
     (1) The Director of the Department of
State Lands shall appoint and discharge such personnel as the director
considers necessary for the efficient administration of the laws conferring
powers or imposing duties upon the Department of State Lands. The director
shall prescribe the authority, powers and duties of all employees of the department.
Employees of the department are subject at all times to the direction,
supervision and control of the director.
     (2) Subject to the approval of the State
Land Board, the director shall fix the compensation of the employees of the
department.
     (3) The director may require any employee
of the department to give to the state a fidelity bond, with one or more
corporate sureties authorized to do business in this state, in a penal sum
fixed by the director. The premium on such a bond shall be paid from moneys
available for the payment of expenses of the department. [1967 c.616 §10]
     273.180 [Amended by 1967 c.421 §89; renumbered
273.751]
     273.181 [1967 c.616 §11; repealed by 1975 c.605 §33]
     273.183
Authority of department to require fingerprints. For the purpose of requesting a state or
nationwide criminal records check under ORS 181.534, the Department of State
Lands may require the fingerprints of a person who:
     (1)(a) Is employed or applying for
employment by the department; or
     (b) Provides services or seeks to provide
services to the department as a contractor or volunteer; and
     (2) Is, or will be, working or providing
services in a position:
     (a) In which the person has direct access
to persons under 18 years of age, elderly persons or persons with disabilities;
     (b) In which the person is providing
information technology services and has control over, or access to, information
technology systems that would allow the person to harm the information
technology systems or the information contained in the systems;
     (c) In which the person has access to
information, the disclosure of which is prohibited by state or federal laws,
rules or regulations or information that is defined as confidential under state
or federal laws, rules or regulations;
     (d) That has payroll functions or in which
the person has responsibility for receiving, receipting or depositing money or
negotiable instruments, for billing, collections or other financial
transactions or for purchasing or selling property or has access to property
held in trust or to private property in the temporary custody of the state;
     (e) In which the person has responsibility
for auditing unclaimed property;
     (f) In which the person has access to
personal information about employees or members of the public including Social
Security numbers, dates of birth, driver license numbers, personal financial
information or criminal background information;
     (g) In which the person has access to tax
or financial information of individuals or business entities;
     (h) That involves the use, possession,
issuance, transport, purchase, sale or forfeiture of firearms or munitions,
access to firearms or munitions or the training of others in the use or
handling of firearms; or
     (i) In which the person provides security,
design or construction services for government buildings, grounds or
facilities. [2003 c.250 §2; 2005 c.730 §12]
     Note: 273.183 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 273 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     273.185
Director to investigate trespasses on state lands; appearance before federal
agencies; expenses. (1) The
Director of the Department of State Lands shall investigate all trespasses on
and damage to state lands and prosecute the same. The director shall appear
before appropriate agencies of the
     (2) Expenses incurred under this section
shall be paid out of the moneys available to the Department of State Lands for
the payment of its expenses. [Formerly 273.530]
     273.190 [Amended by 1967 c.421 §90; renumbered
273.755]
     273.195 [1981 c.787 §5; renumbered 270.020 in 1991]
AGREEMENTS
FOR MAINTENANCE AND INTERPRETIVE SERVICES
     273.196
Agreements to provide maintenance of state lands; program; minimum
requirements; rules. (1) The
Department of State Lands shall create a program whereby the department may
enter into agreements with volunteers, businesses and other agencies to allow
those parties, on a voluntary basis, to assist in the operation of department
programs and to assist in the maintenance of state lands administered by the
department. The program shall:
     (a) Focus primarily on encouraging and
facilitating involvement of participants in the operation of department
programs and maintenance of state lands administered by the department and in
educational programs on behalf of the department;
     (b) Offer opportunities for participants
to assist in public information activities; and
     (c) Include a recognition element to
acknowledge the efforts of participants in the program.
     (2) The department shall ensure that
participants in the program obtain permission from landowners for access to
private property if such access is necessary to perform activities under the
program.
     (3) An agreement entered into pursuant to
subsection (1) of this section shall include, at a minimum:
     (a) Identification of the state land where
the participant intends to carry out voluntary activities.
     (b) Specification of the duties of the
participant.
     (c) Specification of the responsibilities
of the participant, including the responsibility to abide by the rules of the
program as adopted by the State Land Board.
     (d) The duration of the agreement.
     (4) The department may provide supplies,
equipment, safety information and assistance to the participants.
     (5) The
     (6) Under the direction of the board, the
Director of the Department of State Lands may encourage and render assistance
in the promotion of training programs for volunteers, businesses and other
agencies participating in the program created under this section.
     (7) As used in this section, “volunteer”
includes any person, group of individuals, volunteer group, service club or
other entity that is tax exempt under section 501(c)(3) of the Internal Revenue
Code. [2003 c.253 §28]
     273.197
Agreements to provide interpretive services. (1) In order to further the interpretive and educational functions of
state lands in
     (2) An organization entering into an
agreement with the director under subsection (1) of this section may:
     (a) Provide educational or interpretive
material for sale at state lands facilities;
     (b) Acquire display materials and
equipment for exhibits at state lands facilities;
     (c) Provide support for interpretive or
educational programs at state lands facilities;
     (d) Provide support for state lands
facility libraries; or
     (e) Provide support for other interpretive
projects related to a specific state lands facility.
     (3) If the director enters into an
agreement with an organization under subsection (1) of this section, the
Department of State Lands may:
     (a) Provide incidental personnel services
for the organizationÂ’s interpretive program; and
     (b) Provide space at a state lands
facility for the display and sale of materials provided by the organization.
     (4) Any money received from the sale of
publications or other materials provided by an organization pursuant to an
agreement entered into under this section shall be retained by the organization
for use in the interpretive or educational services of the state lands facility
for which the organization provides interpretive services.
     (5) As used in this section, “state lands
facility” includes a recreational, historical, educational, research or scenic
attraction owned by or under the control of the State of
     273.199
Rules for agreements for interpretive services. The Department of State Lands shall adopt
rules to carry out the purposes of ORS 273.197. The rules shall include:
     (1) Procedures and forms to be used by an
organization entering into an agreement with the Director of the Department of
State Lands under ORS 273.197.
     (2) Guidelines for approving the materials
an organization proposes to provide or display at state lands facilities.
     (3) Provisions for renewing or dissolving
an agreement between an organization and the director. [2003 c.253 §30]
     273.200 [Amended by 1967 c.421 §91; renumbered
273.761]
     273.201 [Formerly 273.060; 1977 c.598 §28; 1981 c.33
§1; 1981 c.787 §45; 1987 c.426 §1; 1989 c.904 §53; repealed by 1991 c.816 §24]
     273.205 [Formerly 273.070; repealed by 1991 c.816 §24]
     273.210 [Renumbered 273.555 and then 273.085]
     273.211 [Formerly 273.080; repealed by 1991 c.816 §24]
     273.216 [Formerly 273.090; repealed by 1991 c.816 §24]
     273.220 [Renumbered 273.565 and then 273.091]
     273.221 [1967 c.421 §44; repealed by 1969 c.594 §63]
REMOVAL OF
MATERIAL FROM STATE LANDS
     273.225
Application for lease to take material; form. Before any person shall take any material from any real property of
the State of
     273.230 [Renumbered 273.575 and then 273.095]
     273.231
Removal without compliance with statute. (1) No person shall remove material from any real property of the
State of
     (2) The establishment or placing of a
dredging or digging outfit on any waters, the submersible or submerged lands of
which belong to the State of Oregon, and the removal of material from the
submersible or submerged lands thereof for commercial uses, without having
applied for and received a lease under ORS 274.530, is a continuing trespass. [Formerly
274.580; 1969 c.594 §18]
     273.235
DepartmentÂ’s powers to enforce statute. The Department of State Lands may inspect and audit books, records and
accounts of each person removing material from any real property of the State
of
     273.240 [Renumbered 271.375]
     273.241
Action to recover damages for unlawful removal of material. (1) Removal of material from any property of
the State of
     (2) Any action under subsection (1) of
this section must be commenced within six years from the date of the trespass
or the date on which the trespass is discovered by the state, whichever last
occurs. [Formerly 274.605]
MANAGEMENT
AND DISPOSITION OF REAL ESTATE
     273.245
Asset management plan; schedule for disposition. Not later than January 1, 1996, the State
Land Board shall adopt an asset management plan in accordance with this section
to guide management and disposition of real estate under the boardÂ’s
jurisdiction. The Department of State Lands shall provide a report to each
regular session of the Legislative Assembly on the progress of implementing the
asset management plan. The asset management plan required by this section shall
provide a schedule for disposition of state lands when the proper disposition,
as determined, involves the sale, exchange or transfer of management
responsibility from the Department of State Lands to other entities. [1995
c.589 §7]
     273.247
Disposal of isolated parcels of rangeland; sale procedure. (1) The State Land Board, by and through the
Department of State Lands or other agency acting on behalf of the State Land
Board, shall dispose of isolated parcels of land classified as rangeland by the
board in a manner consistent with the asset management plan adopted under ORS
273.245 and the boardÂ’s trust responsibilities.
     (2) As used in this section, “isolated
parcel” means:
     (a) Land largely surrounded by land not
owned by the board or not contiguous to other larger tracts of state land; or
     (b) Land determined by the board to be
difficult or uneconomical to manage due to access, location, isolation, low
production value or similar factors.
     (3) To the extent consistent with the
boardÂ’s trust obligations and ORS 273.413, the department or other agency
acting on behalf of the board shall establish a sale procedure for isolated
parcels of rangeland that is efficient and cost-effective. [1995 c.589 §8]
     273.250 [Amended by 1967 c.421 §87; renumbered
273.705]
     273.251
Classification of state lands.
Unless the context or a specially applicable definition requires otherwise,
state lands are classified as follows:
     (1) “Agricultural college lands.” Lands
granted to the state by the Act of July 2, 1862 (12 Stat. 503), and otherwise,
for the support and maintenance of
     (2) “Farmlands.” Lands acquired by deed,
gift, operation of law, or by the foreclosure of mortgages taken to secure
loans from the common school, agricultural college, university or other funds.
     (3) “Indemnity lands.” Lands selected to
satisfy losses in sections 16 and 36, as provided by sections 851 and 852 of
title 43, United States Code, as amended, or any other laws of the
     (4) “School lands”:
     (a) Sections 16 and 36 in each township
granted to the state by the Act of February 14, 1859 (11 Stat. 383).
     (b) Lands selected for internal
improvements under the Act of September 4, 1841 (5 Stat. 455), and diverted for
common schools with the consent of Congress by the Joint Resolution of February
9, 1871 (16 Stat. 595).
     (c) Lands selected for capitol building
purposes under the Act of February 14, 1859 (11 Stat. 383).
     (d) Lands included in the South Slough
National Estuarine Research Reserve as described in ORS 273.553.
     (5) “Swamp lands.” Lands claimed by the
state under the Act of September 28, 1850 (9 Stat. 519), and extended to the
State of
     (6) “Submerged lands.” Lands defined as
submerged by ORS 274.005.
     (7) “Submersible lands.” Lands defined as
submersible by ORS 274.005.
     (8) “University lands.” Lands granted to
the state under the Act of February 14, 1859 (11 Stat. 383), for the support
and maintenance of the
     273.255
Eligibility to purchase state lands. Any individual who is 18 years of age or older and who is a citizen of
the
     273.260 [Amended by 1967 c.421 §88; renumbered
273.711]
     273.261
Applications generally. An
individual eligible under ORS 273.255 may file an application with the Director
of the Department of State Lands for the purchase of state lands other than
farmlands. The application must be made in a form prescribed by the Department
of State Lands, contain a correct and precise description of the lands applied
for in accordance with a survey acceptable to the department, and be verified
before an officer authorized by law to administer oaths. [1967 c.421 §52
(enacted in lieu of 273.030)]
     273.265
Application for submersible lands. (1) If application is made for the purchase of submersible lands, the
applicant must cause such lands to be surveyed at the expense of the applicant
by a surveyor, whose selection is subject to prior approval by the Department
of State Lands. The survey must connect with and conform to adjacent surveys
acceptable to the department, so far as practicable. The applicant must submit
to the department, with the application, an accurate map of the lands applied
for, showing the boundaries and stating the area. The map must be verified by
the surveyor before an officer authorized by law to administer oaths.
     (2) Each application to purchase
submersible lands must, in addition to all other requirements, contain the
applicantÂ’s statement that application is made with knowledge of the character
of the land applied for and the title of the state thereto, and the waiver of
the applicant of all claims upon the state for the return of the purchase price
of the lands in the event that the lands, or any part thereof, do not belong to
the state. [1967 c.421 §53 (enacted in lieu of 273.030); 1969 c.594 §20]
     273.270 [Renumbered 273.910]
     273.271 [Formerly 273.040; 1969 c.594 §21; repealed
by 1993 c.71 §1]
     273.275
Price of state lands; sale to highest bidder. Except as limited by ORS 270.020 and 273.225 to 273.241 and 274.040,
and as in its judgment the interests of the state demand, the Department of
State Lands:
     (1) Shall fix the price at which all
classes of state lands may be sold and the interest to be charged on deferred
payments therefor under ORS 273.281, and may provide for the advertisement and
sale of such lands to the highest bidder in a manner consistent with ORS
270.020 and 273.225 to 273.241.
     (2) May at any time withdraw any or all of
such lands from sale. [Formerly 273.050]
     273.280 [Renumbered 273.905]
     273.281
Payment for state lands. The
Department of State Lands shall require applicants for the purchase of
submersible lands to pay in full for such lands at the time of purchase.
Applicants for the purchase of school, agricultural college, university, swamp
or indemnity lands shall make payments at such times, and with such interest
for deferred payments as the department may prescribe. However, the obligation
may not be allowed to stand for a longer period than five years after the date
of issuance of the certificate under ORS 273.285. [Formerly 273.100; 1969 c.594
§22]
     273.285
Certificate of sale to installment purchaser; records of sale. (1) When an applicant to purchase state
lands desires to make payments in installments as provided in ORS 273.281, the
Department of State Lands shall, upon receipt of one-fifth of the purchase
price of the land applied for, deliver to the purchaser a certificate that the
purchaser has contracted to purchase the lands therein described. Upon
performance under the contract and upon the surrender of the certificate of
sale, the purchaser, or the heirs or assigns of the purchaser, shall be
entitled to a deed issued under ORS 273.300 for the lands therein described.
     (2) The department shall maintain
appropriate records of each sale. [Formerly 273.110]
     273.290
Cancellation and forfeiture on default in payments. If any installment of the purchase price of
land, principal or interest, remains unpaid for one year after the same becomes
due, the certificate issued under ORS 273.285 shall be canceled by order of the
Department of State Lands. All payments thereon shall be forfeited and the land
considered vacant and subject to sale as if it had not been previously
contracted to be sold. [Formerly 273.130]
     273.295
Assignment of certificates of sale; deed to assignee. All assignments of certificates of sale
shall be executed and acknowledged in the same manner as a deed to real estate.
The assignee, upon full payment of the amount due on the purchase price, and
delivery to the Department of State Lands of such certificate and assignment,
shall receive a deed for the land described in such certificate, in the name of
the assignee. [Formerly 273.140]
     273.300
Issuance of deed. Whenever
any purchaser of state lands holding a certificate of sale therefor has paid
three-fifths or more of the purchase price thereof, the Director of the
Department of State Lands may execute a deed conveying the lands to such
purchaser, upon the purchaserÂ’s executing:
     (1) A note for the remainder of the
purchase price; and
     (2) A mortgage on the premises in the same
form and manner as other mortgages are executed for loans from the Common
School Fund under ORS 327.405 to 327.480. [Formerly 273.150; 1969 c.594 §23]
     273.305 [Formerly 273.560; 1967 c.421 §78;
renumbered 273.521]
     273.306
Execution and record of deeds.
(1) Upon full payment of the purchase price and any accrued interest thereon
the Director of the Department of State Lands shall execute a deed to the
purchaser in a form prescribed by the rules of the Department of State Lands.
     (2) The department shall maintain
appropriate records of all deeds issued under this section. [Formerly 273.160]
     273.310 [Formerly 273.570; 1967 c.421 §79;
renumbered 273.525]
     273.311
Correction of deeds; refund of purchase price; refund to assignee of
certificate of sale issued on fraudulent application. (1) In all cases where clerical errors have
been made in deeds for any state lands sold, upon satisfactory proof and if the
rights of innocent parties have not intervened, the Director of the Department
of State Lands may execute corrected deeds to the holders thereof.
     (2) Where lands, other than submersible
lands and unsurveyed or unpatented swamp lands have been sold and the state
cannot convey title to the purchaser, the Department of State Lands shall repay
the purchaser, or the heirs or assigns of the purchaser, all sums which may
have been paid to the department on the purchase price of the lands, including
the interest paid upon deferred payments, upon the presentation of a proper
application for repayment, satisfactory proof and the surrender of the
certificate; or if deed has been issued, upon reconveyance by executed and
recorded quitclaim deed of whatever title or color of title was received from
the state.
     (3) Where a certificate of sale has been
issued by the department upon a fraudulent application and the certificate is
held by assignment by a third party who had no knowledge of the fraud at the
time of assignment, the department may refund to the holder such sums as were
paid the department on the purchase price of the lands covered by the
certificate, including the interest paid upon deferred payments, upon the
holder making proper application to the department for repayment and
surrendering for cancellation the certificate and assignment. [Formerly
273.480; 1969 c.594 §24]
     273.315 [Formerly 273.580; 1967 c.421 §80;
renumbered 273.531]
EXCHANGE OF
STATE LANDS
     273.316
Exchanging state lands to accumulate larger tracts. (1) The Department of State Lands may
exchange any state lands under its control for any other lands in this state
for the purpose of accumulating larger and contiguous tracts of state lands.
The department may enter into the necessary contracts to accomplish such
purposes, subject to the rights of lessees under ORS 273.321. The exchange may
be made on the basis of value or acreage, and the department may pay or accept
money as part of the consideration to the extent required for a fair
transaction.
     (2) The object of this section is to
authorize the department to exchange isolated tracts of state lands for the
purpose of accumulating larger and contiguous tracts of state lands. [Formerly
273.700; subsection (2) (1967 Replacement Part) enacted as 1967 c.421 §64;
subsection (2) enacted as 1967 c.148 §2; 1969 c.594 §25]
     273.320 [Formerly 273.590; 1967 c.421 §81;
renumbered 273.535]
     273.321
Notification to lessee prior to exchange; hearing. (1) Before exchanging any state lands for
other lands under ORS 273.316, the Department of State Lands shall give notice
to the lessees of those state lands considered for exchange by sending by
certified or registered mail a notice containing a general description of the
state lands considered for exchange and a listing of the names and addresses of
the lessees of such lands. The notice shall state that if written protest to
such exchange is received by the department not later than the 20th day after
the mailing of the notice, a hearing on such exchange will be held.
     (2) If the department receives, not later
than the 20th day after the mailing of the notice, written protest to such
exchange from a lessee of state lands considered for exchange, the department
shall hold a hearing on such exchange. The hearing shall be held not earlier
than the 30th day after the mailing of the notice described in subsection (1)
of this section. Notice of the hearing shall be mailed by certified or
registered mail to all lessees of state lands considered for exchange. At the
hearing the lessees of the lands, or their representatives, may present their
views on the prospective exchange.
     (3) The department shall consider
testimony presented at the hearing before making a protested exchange of state
lands. [Formerly 273.427]
     273.325 [Formerly 273.600; 1967 c.421 §82; 1967
c.616 §§15,15a; renumbered 273.541]
STATE LANDS UNLAWFULLY
ACQUIRED
     273.326
Compromise with owners of state lands unlawfully acquired; disposal of lands received
through compromise. In all
cases where the Department of State Lands believes that any lands were acquired
from the state by fraud or in violation of the laws relating to the disposal
thereof, it may:
     (1) Enter into contracts with the persons
asserting ownership thereto for the subdivision and sale thereof on conditions
agreed upon by the contracting parties; or
     (2) Exchange or accept in lieu thereof
other lands suitable for settlement and development or valuable for timber. The
department may enter into contracts for disposal and settlement of such other
lands as in the case of the lands first mentioned in this section. [Formerly
273.660; 1969 c.594 §26]
     273.330 [Formerly 273.610; repealed by 1967 c.421 §206]
     273.331
Subdivision and disposal of other lands as condition of compromise. When lands that the Department of State
Lands believes were acquired from the State of Oregon by fraud or in violation
of the laws of the state are held by any person owning other lands the title to
which is not involved, the department may provide as a condition to the
contract of settlement described in ORS 273.326 that such other lands, or such
portion thereof as the department considers advisable, may also be subdivided
and disposed of under the direction and supervision of the department according
to the conditions agreed to. [Formerly 273.670; 2003 c.14 §133]
INDEMNITY
LANDS
     273.335
Object of ORS 273.340 and 273.345. The object of ORS 273.340 and 273.345 is to make available for
settlement and development the lands to which the State of
     273.340
Ascertainment and procurement of indemnity lands. The Department of State Lands shall
ascertain the amount of indemnity lands to which the State of Oregon is entitled
from the federal government and procure such lands in as large and contiguous
tracts as practicable, having in view its adaptability for agriculture or its
value for forestry purposes. [Formerly 273.680]
     273.345
Determination of advisability of selection of indemnity lands within national
forest reserves. Before
making selections under ORS 273.340, the Department of State Lands shall
determine the advisability of making such selections in large and contiguous
tracts within the national forest reserves. If it is found that such selections
will be advantageous to the State of
     273.350
Selection and sale of indemnity lands. (1) The Director of the Department of State Lands shall:
     (a) Select as indemnity lands such vacant
government lands as may be applied for by legal applicants, upon receipt of
their applications to purchase, together with the nonmineral affidavit and
filing fees, as required by the rules and regulations of the Bureau of Land
Management, and a payment fixed by the Department of State Lands; and
     (b) Upon return of a copy of the selection
list approved by the appropriate officer of the
     (2) When such lands have been clear listed
or patented to the state by the
     273.355 [Formerly part of 517.410; 1967 c.421 §83;
renumbered 273.551]
ADJUSTING
CERTAIN ERRONEOUS SALES
     273.356
Definitions for ORS 273.356 to 273.375. As used in ORS 273.356 to 273.375, unless the context requires
otherwise, “grantee” includes the successor in interest of a grantee. [Derived
from 1967 c.422 §1]
     273.360
Applicant to relinquish claim; refund of purchase price and taxes paid. Upon the execution and delivery to the
Department of State Lands by any grantee to whom the State Land Board prior to
February 21, 1916, erroneously conveyed various parcels of land in sections 16
and 36 to which the title of the state was found by the board to be defective,
of a written instrument sufficient to annul the conveyance of the state to such
grantee and to relinquish all other claims against the state arising out of
such conveyance, the department pursuant to ORS 273.125 shall:
     (1) Refund to such grantee the purchase
price paid to the state for such land, with interest at the rate of six percent
per annum from the time payment was made; and
     (2) Pay to the grantee an amount equal to
all ad valorem taxes paid by such grantee with respect to such land before June
19, 1967, without interest. [1967 c.422 §2; 1973 c.685 §1]
     273.365
When refunds not available; source of refunds. (1) A refund is not available under ORS
273.356 to 273.375 to any grantee who received from the State Land Board a
refund or other settlement with respect to such lands before June 19, 1967, or
who may be holding title originally procured or subsequently conveyed by false
swearing or fraudulent representation.
     (2) Each refund under ORS 273.360 shall be
paid to the grantee out of the revenues of the Common School Fund. [1967 c.422 §§3,4]
     273.370
Alternative to refund. If
the Department of State Lands finds that the property erroneously conveyed has
been identified generally as private property, as evidenced by the inclusion of
the property on the assessment rolls of the county in which it is located for a
period of 20 years or more immediately preceding, the department may refund to
the grantee an amount not to exceed any of the following values:
     (1) The current fair market value of the
property erroneously conveyed;
     (2) The amount of the most recently issued
title insurance policy carried on the property, if such a title insurance
policy has been issued regularly; or
     (3) The estimated current value to the
department of the indemnity selection rights reconveyed to the state. [1967
c.422 §5]
     273.375
Acquisition by state of applicantÂ’s interest; price. In lieu of the procedure set out in ORS
273.360, 273.365 and 273.370, the Department of State Lands may acquire for the
use and benefit of the State of Oregon, by purchase or exchange, the interest
of any applicant to whom the certificate described in ORS 273.620 (3) (1965
Replacement Part) has been issued before June 19, 1967, or who acts under ORS
273.360, 273.365 and 273.370. The price of any such purchase or acquisition
shall be paid to such applicant out of the revenues of the Common School Fund,
and shall not exceed the market value of the land that otherwise would have
been available to the applicant under ORS 273.620 (1965 Replacement Part). [1967
c.422 §6]
     273.380 [Formerly 184.260; repealed by 1969 c.594 §63]
     273.382
Definitions for ORS 273.382 to 273.386. As used in ORS 273.382 to 273.386, unless the context requires
otherwise:
     (1) “Director” means the Director of the
Oregon Department of Administrative Services.
     (2) “Lease” means the lease dated July 2,
1963, between the State of
     (3) “
     273.384
Administration of
     (2) Notwithstanding the provisions of any
law, all net income and other net proceeds derived from the rental, lease,
sale, disposition or use of the Space Age Industrial Park (after payment of all
costs and expenses incident to the maintenance and administration of the Space
Age Industrial Park and costs incident to any sale or other disposition
thereof) shall be deposited in the State Treasury and credited as follows:
     (a) 50 percent to the General Fund to be
available for general governmental expenses; and
     (b) 50 percent to the Trust for Cultural
Development Account established in ORS 359.405. [1963 s.s. c.7 §9; 1969 c.594 §28;
1977 c.93 §1; 1991 c.441 §2; 2001 c.954 §27; 2002 s.s.2 c.4 §1]
     273.386
     273.388
Acquisition of
     (a) If the lessee thereof relinquishes all
rights to any or all lands in the park under lease; and
     (b) If a reasonable management plan can be
prepared and implemented by the Department of State Lands, as approved by the
legislative review agency defined in ORS 291.371.
     (2) The Director of the Oregon Department
of Administrative Services shall transfer title to any lands acquired by the
Department of State Lands under subsection (1) of this section to the
Department of State Lands effective on the date of acquisition.
     (3) Any moneys paid by the Department of
State Lands under subsection (1) of this section shall be paid to the State
Treasury to the credit of the General Fund. [1983 c.677 §1; 1991 c.441 §4]
     273.405 [1971 c.208 §1; repealed by 1981 c.787 §58]
     273.406 [1981 c.787 §9; repealed by 1991 c.816 §24]
     273.410 [Repealed by 1967 c.421 §3 (273.031 enacted
in lieu of 273.410)]
     273.411 [1981 c.787 §10; 1985 c.297 §1; repealed by
1991 c.816 §24]
DISPOSITION
OF LAND NOT NEEDED FOR PUBLIC PURPOSE
     273.413
Disposition of unsuitable state lands; sale; use of proceeds; procedures. (1) The Department of State Lands may
dispose of isolated sections and fragments of sections of state lands which are
not suitable for management according to long-range policies of the State Land
Board. The proceeds of such sales shall be applied and are continuously
appropriated to the Department of State Lands for the acquisition of lands or
other suitable investments as directed by the board in consultation with the
Oregon Investment Council.
     (2) The proceeds of any sale authorized by
subsection (1) of this section shall be deposited in a revolving account in the
Common School Fund. The costs of acquisition authorized by subsection (1) of
this section shall be charged to the revolving account.
     (3) When requested in writing by the
Department of State Lands, the Oregon Department of Administrative Services
shall draw a warrant on the Common School Fund in favor of the Department of
State Lands for use as a revolving account. The State Treasurer shall hold the
revolving account in special account against which the Department of State
Lands may draw checks.
     (4) The Department of State Lands may use
the revolving account for the purposes specified in subsection (1) of this
section.
     (5) Before disposing of lands described in
subsection (1) of this section, the Department of State Lands shall cause
owners or lessees of land adjoining the land to be disposed of to be notified
of the pending disposition. The notice shall indicate the time and method of
sale, the minimum or reserved price, if any, and shall invite the landowners or
lessees to participate as a prospective purchaser if the landowner or lessee
wishes to do so.
     (6) Before purchasing or selling land, the
Department of State Lands shall obtain approval of the governing body of the
county or counties in which such land is located.
     (7) The Department of State Lands shall
prepare sales materials, including catalogs of lands available for sale, and
may charge a fee for such materials.
     (8) This section does not apply to the
sale or management of state-owned submerged and submersible lands subject to
ORS chapter 274. [1987 c.156 §1; 1995 c.204 §1; 2003 c.253 §18]
     Note: 273.413 was added to and made a part of ORS
chapter 270 by legislative action but was not added to ORS chapter 273 or any
smaller series therein. See Preface to Oregon Revised Statutes for further
explanation.
     273.415 [1971 c.208 §2; repealed by 1981 c.787 §58]
     273.416
Exchange of property held as trust fund asset. If any property owned by the state 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 270.110, 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. [1981 c.787 §11; 1991
c.816 §14]
     273.420 [Amended by 1963 c.203 §1; repealed by 1967
c.421 §206 and by 1967 c.616 §29]
     273.421
Relinquishing title to
     273.422 [1971 c.208 §3; repealed by 1981 c.787 §58]
     273.425 [1961 c.676 §2; repealed by 1967 c.421 §206]
     273.426
Exchange of property; value.
(1) When property is exchanged under the authority of ORS 270.100, 270.110 and
270.130, the value of the real property accepted by the state in exchange for
any of its property plus cash, if any, shall not be less than the value of the
property relinquished by the state. The provisions of ORS 270.100, 270.110 and
270.130 do not apply when the state is exchanging property under this section.
     (2) Property may be exchanged in a
transaction involving more than two parties or properties under terms and
conditions that reflect the provisions of subsection (1) of this section. [1981
c.787 §13; 1991 c.816 §8]
     273.427 [1963 c.99 §1; 1967 c.148 §4; renumbered
273.321]
     273.428 [1971 c.208 §4; repealed by 1981 c.787 §58]
     273.430 [Amended by 1967 c.421 §13; 1967 c.616 §§16,16a;
renumbered 273.071]
     273.431
Procedure for determining value of properties to be exchanged. (1) The value of the respective properties
proposed to be exchanged shall be determined by the state agency, board or
commission which has supervision and direction of the department or activity of
the state for which such property is held or belongs, and if there be no such
agency, board or commission, then by the Department of State Lands. The state
agency, board or commission may use an appraised value as one indicia of the
value of the property.
     (2) The state agency, board or commission
shall cause the property 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 such valuation
shall not be mutually satisfactory to the respective owners the same shall not
be binding upon them. [1981 c.787 §14; 1991 c.816 §20]
     273.435 [1971 c.208 §5; repealed by 1981 c.787 §58]
     273.436
Lease procedure; payment of taxes. Every lease entered into pursuant to ORS 270.110 shall be authorized
by order of the state agency executing the same and shall provide such terms
and conditions as may be fixed and determined by the governmental body
executing the same. Any such lease may provide that the lessee shall pay ad
valorem taxes assessable against the leased property, or that the state agency
shall pay such taxes, in which latter event the anticipated amount of taxes
shall be taken into consideration in fixing the rental charge. [1981 c.787 §15;
1991 c.816 §22]
     273.440 [1963 c.394 §1; 1967 c.421 §12; repealed by
1967 c.616 §29]
     273.441
Agency donation of property for industrial or manufacturing use; conditions. (1) Any agency of the State of Oregon may
donate to any person, firm or corporation selected by such governmental body,
conditionally or otherwise, for industrial or manufacturing purposes, or both,
and purposes incidental thereto, any real property owned by the governmental
body and not needed or likely to be needed for public use.
     (2) The donation must include a condition
that whenever the donee or successor in interest ceases to use the property for
the donated purpose the title to the property shall revert to the donor.
     (3) The gift shall be made by statute or
formal order and the terms and conditions of the gift shall be set forth in
such statute or order. [1981 c.787 §16]
     273.445 [1963 c.612 §4; 1967 c.421 §24; 1967 c.616 §17;
renumbered 273.121]
     273.446 [1973 c.755 §1; repealed by 1981 c.787 §58]
     273.447
Disposition of state lands suitable for grazing. The Department of State Lands is hereby
authorized to sell, convey, lease or exchange any or all state lands chiefly
suitable for grazing, to or with Oregon counties, and with the United States of
America for other lands either of equal acreage or of equal value. All powers
herein granted to the Department of State Lands are in addition to and not in
derogation of powers heretofore conferred by law. [1981 c.787 §17]
     273.450 [Amended by 1967 c.421 §15; 1967 c.616 §§18,
18a; renumbered 273.081]
     273.451 [1973 c.755 §2; repealed by 1981 c.787 §58]
     273.452
Indemnification contract for occupancy of political subdivision lands. The state or any state agency occupying a
street or public property of a 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 such occupancy. [1981
c.787 §18]
     273.455 [1973 c.755 §3; repealed by 1981 c.787 §58]
     273.456
Lease of space above or below street or highway; conditions; effect on prior
dedications. If the state
holds the easement or fee title to a street or highway, the state may lease the
space above or below that street or highway for private purposes for such
period as the controlling state agency determines the space will not be needed
for public purposes, and upon such other terms and conditions as the agency
finds to be in the public interest. Before leasing the space, the agency 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. [1981 c.787 §19]
     273.459 [1973 c.755 §4; repealed by 1981 c.787 §58]
     273.460 [Amended by 1967 c.421 §25; renumbered
273.131]
     273.461 [1981 c.787 §20; renumbered 270.025 in 1991]
     273.465 [1973 c.755 §5; repealed by 1981 c.787 §58]
     273.470 [Amended by 1967 c.421 §26; renumbered
273.125]
     273.480 [Amended by 1967 c.421 §62; renumbered
273.311]
     273.481 [1981 c.787 §21; repealed by 1983 c.642 §11]
     273.486 [1981 c.787 §§22, 23; repealed by 1983 c.642
§11]
     273.490 [Amended by 1967 c.2 §2; 1967 c.421 §33;
repealed by 1967 c.616 §29]
     273.491 [1981 c.787 §24; repealed by 1983 c.642 §11]
     273.496 [1981 c.787 §25; repealed by 1983 c.642 §11]
SUBMERSIBLE
AND SWAMP LANDS
     273.505
Object of ORS 273.511. The
object of ORS 273.511 is to ascertain and determine the title of the State of
     273.510 [Amended by 1967 c.421 §37; repealed by 1967
c.616 §29]
     273.511
Acquisition of submersible and swamp lands; reclamation. The Department of State Lands shall
ascertain the amount of land to which it is entitled under the Acts of Congress
relative to submersible and swamp lands, acquire title thereto and enter into
contracts for drainage and reclamation in order that the lands may be available
for development and settlement. [Formerly 273.730; 1969 c.594 §29]
     273.520 [Amended by 1965 c.14 §42; 1967 c.421 §38;
repealed by 1967 c.616 §29]
     273.521 [Formerly 273.305; 1997 c.117 §3; renumbered
273.523 in 1997]
     273.522
Definition for “forest products.” As used in ORS 273.522 to 273.541, “forest products” has the meaning
given that term in ORS 532.010. [1997 c.117 §2]
     273.523
     273.525
Appraisal of forest products; notice; sale conditions. (1) Before offering any forest products for
sale under ORS 273.523, the Department of State Lands shall cause the forest
products to be appraised in a manner that it considers appropriate.
     (2) Prior to sale of forest products with
an appraised value greater than $25,000, notice thereof shall be given by the department
for not less than four weeks by publication once each week in one or more
newspapers of general circulation in the county in which such forest products
are situated, and in such other manner as the department considers appropriate.
The notice shall designate by legal subdivision the land having such forest
products thereon, shall state the appraised value of such forest products and
the minimum price at which the same may be sold and shall contain a brief
statement of the terms of sale. No sale of forest products shall be made at
less than the appraised value.
     (3) The forest products on one or any
number of legal subdivisions may be offered and sold separately, or in one
body, as the department considers appropriate. In cases in which notice has been
given by publication and no satisfactory bid has been received, or in cases in
which the bidder fails to complete the purchase, the department may, at any
time during a period of six months after the advertised date of sale, sell the
forest products in such manner as it considers appropriate, but the sale price
shall not be less than the minimum terms offered in the notice of sale or the
highest bid received, whichever is the larger amount. [Formerly 273.310; 1997
c.117 §4]
     273.530 [Amended by 1967 c.421 §36; 1967 c.616 §§19,
19a; renumbered 273.185]
     273.531
Decision by department on bids.
When more than one bid has been received, or in case of doubt as to which of a
number of bids is the highest and most advantageous for the state, the decision
of the Department of State Lands is conclusive and not subject to review by the
courts. [Formerly 273.315]
     273.535
Bond requirements for sale of forest products. Bond requirements for the sale of forest
products shall correspond to the requirements for bonds in ORS 530.059. [Formerly
273.320; 1995 c.375 §4; 1997 c.117 §5]
     273.540 [Amended by 1967 c.421 §73; renumbered
273.350]
     273.541
Execution and delivery of instruments. All documents required in carrying out ORS 273.522 to 273.541 shall be
executed by the Director of the Department of State Lands, and all bonds,
contracts and other instruments required by ORS 273.522 to 273.541 for the
protection of the interests of the state shall be delivered to the Department
of State Lands. [Formerly 273.325]
     273.550 [Repealed by 1967 c.81 §1]
DRILLING
LEASES
     273.551
Mining and drilling leases on state lands; fee. (1) The Department of State Lands, as to any
land or mineral and geothermal resource rights subject to its jurisdiction and
control and without restricting, limiting or repealing any other powers and
authority which it has, after consultation with the State Department of Geology
and Mineral Industries and with concurrence of any state agency acting for the
state with respect to surface rights in the subject land, may execute leases
and contracts for the mining of gold, silver, copper, lead, cinnabar, gas and
oil, or other valuable minerals or the exploration and development of
geothermal resources upon conditions agreed upon by the Department of State Lands
and the lessee.
     (2) All leases may be without limitation
as to time; but the department may cancel any lease upon failure by the lessee
to exercise due diligence in the prosecution of the prospecting, development or
continued operation of the mine or well, and shall insert in every such lease
appropriate provisions for such cancellation.
     (3) The authority granted by this section
shall include the execution of leases and contracts covering submersible and
submerged lands, as defined in ORS 274.005, the leasing of which is not
otherwise expressly authorized by statute.
     (4) Leases and contracts executed under
this section are not sales within the purview of ORS 270.100.
     (5) The department may charge a reasonable
fee, to be paid by the applicant, for making necessary investigations before
the execution of any such lease.
     (6) This section does not apply to permits
or leases under ORS 274.705 to 274.860. [Formerly 273.355; 1974 c.51 §6; 1975
c.552 §42; 1991 c.217 §4; 1991 c.816 §17; 1993 c.340 §1; 2003 c.253 §19]
     273.553
South Slough National Estuarine Research Reserve; agreement between
     (a) Maintain the integrity of the estuary;
     (b) Protect the estuary from uses and
activities, both within and beyond its boundaries, that may alter or affect the
ecosystem and its natural dynamic processes; and
     (c) Preserve the area for long-term
scientific and educational uses.
     (2) Responsibility for completing purchase
of the South Slough National Estuarine Research Reserve is vested with the
Department of State Lands. The department acts for the State of
     (3) Except as necessary to achieve the
policy set forth in subsection (1) of this section and any standards
established in the Coastal Zone Management Act of 1972 (P.L. 92-583) or any
rules, regulations or agreements adopted pursuant thereto, the reserve is open
to the public. However, to protect the estuarine ecosystems, public use of the
reserve may be limited and controlled by the South Slough National Estuarine
Research Reserve Management Commission in consultation with any technical
management team established pursuant to an agreement between the State of
Oregon and the Office of Ocean and Coastal Resource Management of the National
Oceanic and Atmospheric Administration of the United States Department of
Commerce. The commission shall adopt rules to carry out the intent of this
subsection.
     (4) The South Slough National Estuarine
Research Reserve Management Commission shall administer the reserve, subject to
any agreement respecting the reserve between the State of
     (5) The agency that acquired title to the
reserve shall cause title to be cleared in the name of the State of
     273.554
South Slough National Estuarine Research Reserve Management Commission; powers;
rules; fees; membership; procedures; expenses. (1) For the purpose of providing for the
administration of the South Slough National Estuarine Research Reserve in a
manner consistent with the provisions of ORS 273.553, there is created the
South Slough National Estuarine Research Reserve Management Commission. The
commission shall have the authority, in accordance with the policies formulated
by the State Land Board, to:
     (a) Conduct the day-to-day operation and
management of the South Slough National Estuarine Research Reserve with the
administrative support of the Department of State Lands;
     (b) Appoint a manager and other staff
necessary to carry out this section; and
     (c) Apply for, receive and expend moneys
from the federal government and from this state or any agency thereof for the
purpose of carrying out this section.
     (2) In accordance with applicable
provisions of ORS chapter 183, the commission may adopt rules necessary to:
     (a) Carry out the commission’s
responsibilities pursuant to ORS 273.553; and
     (b) Implement a system of fees to recover
the costs of carrying out the management established in ORS 273.553, including
fees for use of facilities at the reserve, fees for research activities
conducted at the reserve, visitor activities fees and parking fees.
     (3) The commission shall consist of nine
members appointed by the Governor as follows:
     (a) A representative of common schools in
the area of the reserve;
     (b) One authorized representative of the
Coos County Board of Commissioners;
     (c) One authorized representative of the
governing body of the Port of Coos Bay;
     (d) The Director of the Department of
State Lands or a designee thereof;
     (e) One authorized representative of the
federal Office of Ocean and Coastal Resource Management;
     (f) Two representatives with an interest
in marine science, one from the University of Oregon Institute of Marine
Biology at Charleston and one from Oregon State University;
     (g) One member selected from the general
public at large; and
     (h) One representative of Oregon Indian
tribes appointed after consultation with the Commission on Indian Services.
     (4) The members appointed by the Governor
under subsection (3)(a), (f), (g) and (h) of this section shall serve for terms
of four years and members appointed under subsection (3)(b) and (c) of this
section shall serve for terms of two years. The Director of the Department of
State Lands or the designee of the director, if appointed in place of the
director, shall serve as the permanent chairperson of the commission. The
commission shall select one of its members as vice chairperson. The chairperson
and vice chairperson shall have duties and powers necessary for the performance
of the functions of such offices as the commission determines. The vice
chairperson shall act as the chairperson of the commission in the absence of
the chairperson. The vice chairperson shall serve for a term of one year,
subject to reelection by the commission.
     (5) Each member of the commission shall
have one vote, except that the member who is the authorized representative of
the federal Office of Ocean and Coastal Resource Management shall be a
nonvoting member. A majority of the commission constitutes a quorum for the
transaction of business.
     (6) Members of the commission are not
entitled to compensation, but in the discretion of the State Land Board may be
reimbursed for actual and necessary travel and other expenses incurred by them
in the performance of their official duties, subject to laws regulating travel
and other expenses of state officers and employees. [1977 c.496 §2; 1983 c.485 §1;
2003 c.14 §135; 2005 c.146 §1; 2005 c.528 §1]
     273.555 [Formerly 273.210; 1967 c.421 §16;
renumbered 273.085]
     273.556
South
     (2) The commission shall keep a record of
all moneys deposited in the account. The record shall indicate by separate
cumulative accounts the source from which the moneys are derived and the
individual activity or program against which each withdrawal is charged. [1977
c.496 §3; 2003 c.14 §136; 2005 c.528 §2]
     273.557
Appeal to State Land Board.
(1) Jurisdiction for review of actions and proposed actions of the commission
which are claimed to be in violation of any provision of ORS 273.553 or 273.554
is conferred upon the State Land Board. Proceedings for review of such actions
may be instituted by filing a request for review with the State Land Board.
     (2) The request for review by the State
Land Board need only state the action or proposed action of the commission in
question and the particular provisions of ORS 273.553 or 273.554 which are
violated thereby. Copies of the request for review shall be served by
registered or certified mail upon the commission.
     (3) The
     273.558
Penalties; enforcement; injunctive relief. (1) Violation of a rule adopted under ORS 273.553 (3) is a Class D
violation for each day of violation.
     (2) In addition to all other remedies,
when it appears to the South Slough National Estuarine Research Reserve
Management Commission that a person has engaged in, or is engaging in, any act
that violates a rule adopted under ORS 273.553 (3), the commission may direct
the Attorney General to apply to the court for an injunction restraining the
person from violating such rule. [1977 c.496 §4; 1999 c.1051 §169; 2003 c.14 §137]
     273.560 [Renumbered 273.305 and then 273.521]
     273.561 [1979 c.711 §1; repealed by 1983 c.786 §1]
     273.562 [1973 c.532 §2; repealed by 1979 c.711 §10]
NATURAL
HERITAGE PROGRAM
     273.563
Definitions for ORS 273.563 to 273.591. As used in ORS 273.563 to 273.591, unless the context requires
otherwise:
     (1) “Agency” means a local, state or
federal agency, board, commission or department.
     (2) “Board” means the State Land Board.
     (3) “Candidate natural area” means a
natural resource area that may be considered for registration or dedication.
     (4) “Commodity” means timber, minerals,
livestock, agricultural products or any other product of the land which is an
important economic resource.
     (5) “Council” means the Natural Heritage
Advisory Council established in ORS 273.571.
     (6) “Data bank” means the Natural Heritage
Program element inventory of element classification, data analysis, priority
setting, owner and other data maintained by the Institute for Natural Resources
under ORS 352.239.
     (7) “Dedicate” means the formal
recognition and protection of a natural area for natural heritage conservation
purposes.
     (8) “Elements” means both the natural
heritage resources and the special species.
     (9) “Instrument” means any written
document intended to convey an interest in real property under ORS 93.710, or
an agreement between parties according to the Natural Heritage Program or the
Oregon Natural Heritage Plan.
     (10) “Natural area” means a unit of land
or water or both that may be considered for dedication under ORS 273.563 to
273.591 and that has substantially retained its natural character, or, if
altered in character, shall in addition to its natural heritage resource
values, be valuable as habitat for plant and animal species or for the study
and appreciation of the natural features.
     (11) “Natural heritage conservation area”
means an area dedicated under the provisions of ORS 273.586.
     (12) “Natural heritage resources” means
the terrestrial ecosystem types, aquatic ecosystem types and unique geologic
types as defined in the Oregon Natural Heritage Plan or a unit of land or water
that contains a natural resource.
     (13) “Plan” means the Oregon Natural
Heritage Plan established under ORS 273.576, which governs the Natural Heritage
Program in selecting areas for natural heritage conservation.
     (14) “Program” means the Natural Heritage
Program as established in ORS 273.566.
     (15) “Register” means the Oregon Register
of Natural Heritage Areas established under ORS 273.581.
     (16) “Special species” means those species
of plants and animals determined by the council to be significant in value in a
natural heritage conservation area and defined in the Oregon Natural Heritage
Plan. [1983 c.786 §2; 2001 c.114 §1; 2003 c.661 §1]
     273.565 [Formerly 273.220; 1967 c.421 §17;
renumbered 273.091]
     273.566
Legislative findings. (1)
The Legislative Assembly finds that many valuable natural heritage elements are
represented in natural areas which can be protected through the voluntary
cooperation of private landowners and public land managers. These areas will
comprise a discrete and limited system of natural heritage conservation areas
which are selected to represent the full range of
     (2) The Legislative Assembly also finds
that it is necessary to establish a process and means for public and private
sector cooperation in the development of this system of conservation areas.
Private landowners and public land managers should be encouraged to voluntarily
participate in the program through conservation activities which benefit all
Oregonians.
     (3) In order to assure that natural
heritage conservation activities cause the minimum of conflict with other
resource uses and that they are cost effective, the Legislative Assembly finds
that the Natural Heritage Advisory Council should provide a specific framework
for natural heritage conservation decision making through a classification and
planning process known as the Natural Heritage Program. Future natural heritage
conservation areas should avoid unnecessary duplication of already protected
natural heritage elements. Each natural heritage conservation decision should
address alternative methods of accomplishing the same purpose and should
consider cost effectiveness.
     (4) The Legislative Assembly recognizes
that there is a need for systematic, accessible information concerning the
locations of the resources of OregonÂ’s natural heritage including special plant
and animal species, native terrestrial ecosystems, aquatic ecosystems, and
geologic features, and especially including the areas already protected that
contain these elements. [1979 c.711 §2; 1983 c.786 §3]
     273.567 [1973 c.532 §1; repealed by 1979 c.711 §10]
     273.570 [Amended by 1953 c.122 §2; renumbered
273.310 and then 273.525]
     273.571
Natural Heritage Advisory Council; members; terms; qualifications;
compensation; duties; rules; property gifts and donations. (1) The Natural Heritage Advisory Council is
hereby established. The council shall consist of 17 members, nine of whom shall
be chosen as follows and who shall elect from its membership a chairperson:
     (a) Four individuals, appointed by the
Governor, shall be recognized experts in the ecology of natural areas.
Desirable fields of expertise are botany, zoology, terrestrial ecology, aquatic
biology and geology; and
     (b) Five citizens, appointed by the
Governor, shall be selected from the various regions of the state. These
members shall have interest in natural resource conservation, management or the
commodity use of natural resources.
     (2) Appointed members shall serve for
four-year terms.
     (3) In addition to the nine members
appointed by the Governor, the State Fish and Wildlife Director, the State
Forester, the Director of Transportation, the Chancellor of the Oregon
University System, the Director of Agriculture, the State Parks and Recreation
Director, the State Geologist and the Director of the Department of State Lands
or an authorized representative of each such officer, shall serve as ex
officio, nonvoting members of the council.
     (4) Any vacancy on the council shall be
filled by appointment of the Governor.
     (5) Members of the council shall serve
without compensation, but the State Land Board may pay the expenses reasonably
incurred by the council in the performance of its functions upon presentation
of vouchers signed by the chairperson of the council pursuant to ORS 292.495.
     (6) The council shall:
     (a) Meet at least quarterly;
     (b) Develop policy for the Natural
Heritage Program through the review and approval of the Oregon Natural Heritage
Plan;
     (c) Review nominations for registration
and the voluntary dedication of natural heritage conservation areas, and
approve instruments of dedication for such areas;
     (d) Advise the State Land Board, State
Board of Forestry, State Fish and Wildlife Commission, State Parks and
Recreation Commission, State Board of Higher Education and Oregon
Transportation Commission regarding areas under their respective jurisdictions
which are appropriate for dedication; and
     (e) Advise the board in the adoption of
rules that it considers necessary in carrying out ORS 273.563 to 273.591.
     (7) The board shall adopt any rules
pursuant to ORS chapter 183 that it considers necessary to carry out ORS
273.563 to 273.591.
     (8) Acting through the Department of State
Lands, the council may accept gifts or donations of real property. Such real
property shall be held in the name of the State of
     273.572 [1973 c.532 §3; repealed by 1979 c.711 §10]
     273.575 [Formerly 273.230; 1967 c.421 §18;
renumbered 273.095]
     273.576
     (b) The Oregon Natural Heritage Plan
established by ORS 273.578 shall govern the Natural Heritage Program in the
conduct of activities to create and manage a system of natural heritage
conservation areas which are complementary to and consistent with the research
natural area program on federal lands in
     (2) The board may advise owners of natural
heritage conservation areas concerning the management and use of such areas and
may make available to state, federal and local agencies that manage lands
within
     (3) The board may apply for and accept
grants, contributions and assistance from any federal, state or local
government agency and any foundation, individual or organization for the
purpose of carrying out the provisions of ORS 273.563 to 273.591. [1979 c.711 §5;
1983 c.786 §5; 2003 c.661 §2]
     273.577 [1973 c.532 §4; repealed by 1979 c.711 §10]
     273.578
Plan approval; review of modifications by board. (1) The Sixty-first Legislative Assembly
approves the Oregon Natural Heritage Plan submitted under ORS 273.576.
     (2) The
     273.580 [Renumbered 273.315 and then 273.531]
     273.581
Natural heritage areas register; contents; agreements between board and
landowners. (1) The Natural
Heritage Advisory Council shall maintain a state register of areas containing
significant natural heritage elements to be called the Oregon Register of
Natural Heritage Areas.
     (2) The council shall from time to time
identify areas from the natural heritage data bank which qualify for
registration. Priority shall be based on the Oregon Natural Heritage Plan and
shall generally be given to those elements which are rarest, most threatened or
underrepresented in the heritage conservation system on a statewide basis.
Natural heritage conservation areas shall not unnecessarily duplicate resources
or special species already adequately protected by other methods of land
protection. Whenever feasible, areas that qualify for registration shall be
located on lands which have been allocated primarily to special noncommodity
uses.
     (3) The council shall review each
registration proposal, including the landownerÂ’s written permission for
registration if the area is located on privately owned land.
     (4) After review by the council, the State
Land Board may place sites onto the register or remove sites from the register.
     (5) A voluntary management agreement may
be developed between the board and the owners of the sites on the register. [1979
c.711 §6; 1983 c.786 §7]
     273.582 [1973 c.532 §5; repealed by 1979 c.711 §10]
     273.585 [1963 c.612 §2; 1967 c.421 §27; renumbered
273.135]
     273.586
Dedication of land for natural heritage conservation purposes; notice and
hearing; termination of dedication. (1) A private individual or organization which is the owner of any
registered natural area may voluntarily agree to dedicate that area as a
natural heritage conservation area by executing with the State Land Board an
instrument of dedication. The instrument of dedication shall be effective upon
its recording in the real property records of the office of the clerk of the
county in which any or all of the natural heritage conservation area is
located.
     (2) Any public agency may dedicate lands
under the provisions of ORS 273.563 to 273.591 following the providing of
opportunity for adequate public notice and hearing by the agency. The Oregon
Transportation Commission, the State Fish and Wildlife Commission, the State
Board of Forestry, the State Board of Higher Education, the State Parks and
Recreation Commission and the State Land Board shall, with the advice and
assistance of the Natural Heritage Advisory Council, establish procedures for
the dedication of natural heritage conservation areas on land, the title of
which is held by the State of Oregon, and which is under that agencyÂ’s
management and control.
     (3) The instrument of dedication shall
contain any information or provisions as the private owner, organization or
agency and council consider necessary to complete the dedication.
     (4) Dedication of a natural heritage
conservation area may be terminated as follows:
     (a) The dedication of a natural heritage
conservation area by a public agency may be terminated following the providing
of opportunity for adequate public notice and hearing and a finding by that
agency of an imperative and unavoidable necessity, or a finding by that agency,
with the approval of the council, that the natural heritage conservation area
is no longer needed according to the guidelines of the Oregon Natural Heritage
Plan.
     (b) The dedication of a natural heritage
conservation area by a private individual or organization may be terminated by
the private individual or organization after the council is assured that there
has been compliance with the procedures required by the terms of the dedication
instrument.
     (c) The dedication of a natural heritage
conservation area may be terminated by the board upon the advice of the council
if the area is no longer needed according to the guidelines of the plan, or has
permanently lost its natural character. [1979 c.711 §7; 1983 c.786 §8; 1991
c.121 §2]
     273.587 [1973 c.532 §9; repealed by 1979 c.711 §10]
     273.590 [Renumbered 273.320 and then 273.535]
     273.591
Natural Heritage Program Account. The Natural Heritage Program Account is established within the General
Fund of the State Treasury. All moneys received by the State Land Board for the
purposes of ORS 273.563 to 273.591 shall be paid into the State Treasury and
credited to the account. All moneys in the account are continuously
appropriated for the use of the board in carrying out the provisions of ORS
273.563 to 273.591. [1979 c.711 §8]
     273.592 [1973 c.532 §§6,7; repealed by 1979 c.711 §10]
     273.595 [1963 c.612 §3; 1967 c.421 §28; renumbered
273.141]
     273.597 [1973 c.532 §8; repealed by 1979 c.711 §10]
     273.600 [Renumbered 273.325 and then 273.541]
     273.605 [1971 c.615 §1; 1973 c.772 §7; 1974 c.71 §2;
1981 c.787 §46; 1985 c.565 §41; 1987 c.320 §151; repealed by 1991 c.816 §24]
     273.610 [Renumbered 273.330]
     273.615 [1971 c.615 §2; 1981 c.787 §47; repealed by
1991 c.816 §24]
     273.620 [Amended by 1967 c.421 §74; repealed by 1967
c.422 §7]
     273.625 [1971 c.615 §3; 1981 c.787 §48; 1983 c.599 §2;
repealed by 1991 c.816 §24]
     273.628 [1983 c.599 §5; 1991 c.816 §18; renumbered
270.190 in 1991]
     273.630 [Repealed by 1967 c.421 §206]
     273.635 [1971 c.615 §4; 1981 c.787 §49; 1983 c.599 §3;
repealed by 1991 c.816 §24]
     273.639 [1981 c.787 §7; 1991 c.816 §15; renumbered
270.165 in 1991]
     273.640 [Amended by 1967 c.421 §30; renumbered
273.145]
     273.645 [1971 c.615 §5; 1981 c.787 §50; 1989 c.171 §36;
repealed by 1991 c.816 §24]
     273.650 [Repealed by 1967 c.148 §5]
     273.655 [1971 c.615 §6; 1983 c.599 §6; 1985 c.565 §42;
1987 c.879 §10; 1991 c.816 §12; renumbered 270.120 in 1991]
     273.660 [Amended by 1967 c.421 §67; renumbered
273.326]
     273.665 [1971 c.615 §7; 1981 c.787 §51; repealed by
1991 c.816 §24]
     273.670 [Amended by 1967 c.421 §68; renumbered
273.331]
     273.675 [1971 c.615 §8; 1981 c.787 §57; 1983 c.660 §2;
1991 c.816 §13; renumbered 270.180 in 1991]
     273.680 [Amended by 1967 c.421 §71; renumbered
273.340]
     273.685 [1971 c.615 §9; 1981 c.787 §52; repealed by
1991 c.816 §24]
     273.690 [Amended by 1967 c.421 §72; renumbered
273.345]
     273.695 [1971 c.615 §10; 1991 c.816 §16; renumbered
270.155 in 1991]
     273.700 [Amended by 1967 c.148 §3; renumbered
273.316]
     273.705 [Formerly 273.250; 1977 c.397 §1; 1983 c.620
§13; 1985 c.198 §3; 1989 c.200 §2; renumbered 390.235 in 1989]
     273.710 [Amended by 1967 c.421 §9; renumbered
273.055]
     273.711 [Formerly 273.260; 1977 c.397 §2; renumbered
390.237 in 1989]
REMOVAL OF
VALUABLE MATERIALS
     273.715
Rules for removal of semiprecious stones and petrified wood from state lands;
fees; removal contrary to rules. (1) The Department of State Lands shall prescribe rules governing the
exploration for and removal of semiprecious stones and petrified wood from
lands owned by the State of Oregon and under the jurisdiction of the
department. Such rules shall be designed to maximize the public benefit of
these resources, and shall permit the free use of lands under jurisdiction of
the department for collection for noncommercial purposes of reasonable
quantities of petrified wood and semiprecious stones.
     (2) The department, by rule, shall require
payment of a reasonable fee for a permit for the exploration for and removal of
semiprecious stones and petrified wood sufficient to cover the expenses of the
department incurred under this section with respect to the permit.
     (3) No person shall remove petrified wood
or semiprecious stones for commercial purposes or in a quantity having a value
of $500 or more without a permit issued by the department under this section.
     (4) If any person removes semiprecious
stones or petrified wood from lands owned by the State of Oregon without a
permit as required under this section or in a manner contrary to rules
prescribed under this section, all the materials or objects so removed or the
value of such materials or objects shall be subject to disposal by the
department as property of the State of Oregon. [1967 c.174 §2; 1973 c.642 §5]
     273.718 [1973 c.642 §7; repealed by 1999 c.284 §1]
     273.720 [Amended by 1967 c.421 §14; renumbered
273.075]
     273.722 [1973 c.642 §8; repealed by 1999 c.284 §1]
     273.728 [1973 c.642 §9; repealed by 1999 c.284 §1]
     273.730 [Amended by 1967 c.421 §77; renumbered
273.511]
     273.733 [1973 c.642 §10; repealed by 1999 c.284 §1]
     273.737 [1973 c.642 §11; repealed by 1999 c.284 §1]
     273.740 [Amended by 1967 c.421 §31; renumbered
273.151]
     273.742 [1973 c.642 §12; 1987 c.350 §1; repealed by
1999 c.284 §1]
     273.750 [Amended by 1967 c.421 §32; renumbered
273.155]
RIGHTS OF WAY
     273.751
State land grants to railroads.
There is granted to all persons constructing railways built after February 21,
1891, within the boundaries of the state, and to their successors and assigns:
     (1) A right of way through any unimproved
state lands, of the width of 100 feet, being 50 feet in width on each side of
the center line of the road.
     (2) All necessary grounds for stations,
depots, shops, side tracks, turntables and water stations, not exceeding 10
acres in any one place, upon payment to the state of the sum therefor as fixed
by the Department of State Lands.
     (3) The right to take, from the lands of
this state adjacent to the route lines of the road, material necessary for the
construction of the roads.
     (4) The right to construct and maintain
railroad bridges over any navigable waters in this state. All bridges crossing
navigable waters shall be subject to such regulations, restrictions and
compensation as may be fixed by the department, and shall be so constructed as
not unnecessarily to interfere with navigation. [Formerly 273.180]
     273.755
Filing maps of railroad location and depot sites; departmentÂ’s duties. (1) Whenever a railway company mentioned in
ORS 273.751, or its successors or assigns, files with the Department of State
Lands a map of the definite location of its road lines through any state lands,
the department thereafter shall except from sale such right of way and lands
for purposes named in ORS 273.751.
     (2) Whenever a railway company has
selected a tract of state lands for any purpose mentioned in ORS 273.751, the
company shall file with the department a map of the same, with a description
connected with surveys acceptable to the department. After such map has been
filed, after completion of construction of a railroad through such lands and
upon payment for the lands at the rate of $1 per acre, the department shall
execute and deliver to the company, its successors or assigns, deeds for the
tracts of lands so selected. [Formerly 273.190]
     273.760 [Repealed by 1967 c.421 §206]
     273.761
Right of way for water ditches and pipes. (1) A right of way for construction of a water ditch to be used for
irrigation, manufacturing or mining purposes, ditches or water pipes for
conveying water to political subdivisions for domestic purposes, or for the
extinguishment of fires, is granted for a distance of 25 feet on each side of
such ditches or water pipes to any person who may construct such water ditches
or water pipes over any submersible, swamp or school lands.
     (2) A right of way for the construction
and maintenance of domestic and industrial water supply mains, sanitary
pressure mains and storm water outfalls is granted for a distance of 25 feet on
each side of such mains and outfalls to any municipal corporation that
constructs and maintains them in or over submerged or submersible lands or new
lands created thereon.
     (3) All deeds, leases and easements
granted by the State of
     (4) The person or municipal corporation
constructing such water ditches, water pipes, mains or outfalls shall file with
the Department of State Lands a copy of the field notes of the survey of such
ditches, water pipes, mains or outfalls, showing their location.
     (5) Any construction, maintenance,
relocation or extension of a main or outfall described in subsection (2) of
this section shall be carried out in accordance with any applicable rules of
the department. [Formerly 273.200; 1973 c.511 §2]
     273.765
Liability for costs of relocation or extension of mains and outfalls. Any person adding or removing any material
to or from submerged or submersible land so as to make necessary or advisable
the relocation or extension of a main or outfall described in ORS 273.761 (2)
shall be liable to the municipal corporation for all expenses incurred by it in
relocating or extending such main or outfall. [1973 c.511 §1]
     273.770 [Repealed by 1967 c.421 §206]
MINERAL AND
GEOTHERMAL RESOURCE RIGHTS
     273.775
Definitions for ORS 273.775 to 273.790. (1) “Mineral” includes oil, gas, sulfur, coal, gold, silver, copper,
lead, cinnabar, iron, manganese and other metallic ore, and any other solid,
liquid or gaseous material or substance excavated or otherwise developed for
commercial, industrial or construction use from natural deposits situated
within or upon state lands, including mineral waters of all kinds.
     (2) “Geothermal resources” shall have the
same meaning given in ORS 522.005. [1974 c.51 §3; 1975 c.552 §41; 1981 c.588 §1;
1981 c.694 §1; 1983 c.740 §70a]
     273.780
Retention of mineral and geothermal resource rights by state; exploration
permit or lease; sale or exchange; exception. (1) Mineral and geothermal resource rights in property owned by any
state agency and mineral and geothermal resource rights retained as an interest
in lands previously sold, granted or otherwise conveyed by the state or any
agency thereof are property of the State of Oregon. Except as provided in ORS
273.785, proceeds therefrom shall accrue to the Common School Fund, and the
State Land Board is declared to be the state agency acting for the state in any
transaction respecting such mineral and geothermal resource rights.
     (2) In addition to applicable requirements
of ORS chapter 522, such mineral and geothermal resource rights shall be
subject to exploration permit or lease by the Department of State Lands, in
accordance with rules and conditions established by law or adopted by the
department.
     (3) The mineral and geothermal resource
rights shall be retained by the state in the absence of a finding by the State
Land Board upon adequate facts presented to it that their sale or exchange is
for the purpose of obtaining the greatest benefit for the people of this state,
consistent with the conservation of lands under its jurisdiction under sound
techniques of land management.
     (4) Notwithstanding subsection (3) of this
section, when the Department of State Lands offers real property for sale, the
department may not retain the rights to mineral or geothermal resources if:
     (a) On January 1, 2004, the real property
was located:
     (A) Inside an urban growth boundary; or
     (B) Within an area zoned for residential
use on a lot or parcel that is three acres or smaller in size; and
     (b) The value, if any, of the rights to
the mineral or geothermal resources is included in the total sale price of the
real property. [1974 c.51 §2; 1975 c.552 §40; 2005 c.60 §2]
     273.785
Application of ORS 273.551 and 273.775 to 273.790; rules. ORS 273.551 and 273.775 to 273.790 do not
apply to:
     (1) Soil, clay, stone, sand and gravel
acquired or used by state agencies for the purpose of constructing or repairing
roads or other state facilities, or the proceeds from those materials.
     (2) Mineral or geothermal resource rights
or proceeds from those rights acquired by the State Fish and Wildlife
Commission pursuant to an agreement with the federal government under 16 U.S.C.
669 to 669i (P.L. 75-415).
     (3) Mineral or geothermal resource rights
or proceeds from those rights if other disposition is required by federal rules
or regulations or any agreement entered into at the time of acquisition of the
mineral or geothermal resource rights by the state.
     (4) Proceeds of mineral and geothermal
resource rights acquired by the state pursuant to ORS 530.010 and 530.030,
other than those distributed under ORS 530.110 (1)(c).
     (5) Mineral or geothermal resource rights
or proceeds from those rights acquired after January 1, 1974, for the state by
the Department of VeteransÂ’ Affairs pursuant to ORS 88.720, 406.050 (2),
407.135 or 407.145. After consultation, the Department of State Lands and the
Department of VeteransÂ’ Affairs shall enter into an interagency agreement
governing consultation between them concerning mineral and geothermal resource
values on properties acquired for the state by the Department of VeteransÂ’
Affairs. The Department of VeteransÂ’ Affairs shall adopt rules relating to the
release of mineral and geothermal rights on such properties.
     (6) Mineral or geothermal resource rights
or proceeds from those rights given by a donor to any institution, department
or activity under the control of the State Board of Higher Education that are
acquired or held for the state by the State Board of Higher Education pursuant
to ORS chapters 351 and 567. In managing mineral or geothermal resource leases,
the State Board of Higher Education shall consult with the Department of State
Lands in accordance with an interagency agreement established by the department
and the State Board of Higher Education governing consultation between the
department and the State Board of Higher Education and governing management of
the mineral or geothermal resources.
     (7) Mineral or geothermal resource rights
or proceeds from those rights acquired and held by the Department of
Transportation. In managing mineral or geothermal resource leases, the
Department of Transportation shall enter into an intergovernmental agreement
with the Department of State Lands governing consultation between the
departments and governing management of the mineral or geothermal resources. [1974
c.51 §4; 1991 c.467 §1; 2001 c.453 §1; 2003 c.676 §1; 2005 c.60 §1; 2005 c.625 §63]
     273.787
Release and transfer of mineral or geothermal resources; rules; fee. (1) As used in this section:
     (a) “Owner” means:
     (A) The record holder of fee title
interest in residential real property; or
     (B) The contract purchaser of residential
real property.
     (b) “Residential real property” means real
property that is sold by the Department of State Lands for the State Land Board
and is located:
     (A) Inside an urban growth boundary; or
     (B) Within an area zoned for residential
use on a lot or parcel that is three acres or smaller in size.
     (2) An owner may apply to the department
for release and transfer of the rights to mineral or geothermal resources
reserved by the State of
     (3) Upon application by the owner, the
department shall release and transfer to the owner the reserved rights to mineral
and geothermal resources within 30 days after the first board meeting that is
at least 60 days after the department received the completed application for
release and transfer of the rights, unless the board finds that a significant
mineral or geothermal resource exists. If the board finds that a significant
mineral or geothermal resource exists, the owner may:
     (a) Offer to purchase the resource for the
value of the resource; or
     (b) Withdraw the application.
     (4) If the board finds that a significant mineral
or geothermal resource exists under subsection (3) of this section and the
owner offers to purchase the resource for the value of the resource:
     (a) The board shall determine the value of
the resource on the basis of an appraisal conducted by a state certified
appraiser certified under ORS 674.310 or by a geologist who is registered under
ORS 672.505 to 672.705 and qualified to assess the value of mineral and
geothermal deposits.
     (b) The board may not:
     (A) Require an owner to obtain an
appraisal under this section; or
     (B) Require an owner to pay the cost of an
appraisal conducted at the request of the board under this section.
     (5) The department may charge a reasonable
fee, not to exceed $150, to process an application under this section.
     (6) The department may adopt rules to
implement this section. [2003 c.676 §3]
     273.790
Registry of rights under state board. The Department of State Lands shall establish and maintain a registry
of mineral and geothermal resource rights placed under the jurisdiction of the
State Land Board. [1974 c.51 §5]
COMMON SCHOOL
GRAZING LANDS
     273.805
Definitions for and purpose of ORS 273.805 to 273.825. (1) As used in ORS 273.805 to 273.825, “common
school grazing lands” means lands owned by the State of Oregon and under the
control of the Department of State Lands that are chiefly suitable for the
grazing of animals, as determined by the department, and which are within, but
not limited to, the following land classifications:
     (a) Lands defined by ORS 273.251 as indemnity
lands, school lands or farmlands.
     (b) Lands which have escheated to the
state.
     (2) Nothing in ORS 273.805 to 273.825 is
intended to be an express or implied limitation upon the powers of the
department to acquire, lease, manage, control or protect land pursuant to
authority otherwise granted by law. ORS 273.805 to 273.825 and 327.430 are not
the result of a legislative intent or belief that the department is without
authority to acquire, lease, manage, protect or control common school grazing
lands. [1963 c.517 §§1,5; 1967 c.421 §84]
     273.810 [1963 c.517 §2; repealed by 1967 c.421 §206]
     273.815
DepartmentÂ’s powers; terms of grazing lease; termination. (1) In order to accomplish the purpose of
ORS 273.805 to 273.825, the Department of State Lands may, with respect to
common school grazing lands:
     (a) Protect the lands from fire, disease
and insect pests, cooperate with others in such protection and enter into all
agreements necessary or convenient therefor.
     (b) Lease the lands subject to such terms and
conditions as the department prescribes or is otherwise prescribed by law.
Leases shall be of sufficient duration so as to encourage the rehabilitation
and improvement of the lands by the lessee.
     (c) Loan moneys belonging to the Common
School Fund to lessees of the lands for the purpose of rehabilitating and
improving the lands. The security for such loans shall be as prescribed by the
department but shall not be more than equal in value to the amount loaned.
     (d) Reseed or reforest the lands, including
the destruction of undesirable vegetation, and cooperate with others for such
reseeding or reforestation, and make all agreements necessary or convenient
thereto.
     (e) Require such undertakings, including
performance bonds, as it considers appropriate to secure performance of any
agreement or loan authorized by ORS 273.805 to 273.825.
     (2) In order to accomplish the purpose of
ORS 273.805 to 273.825, the department may, with respect to common school
grazing lands, apply the following to all leases entered into by the department
after January 1, 1985:
     (a) The initial term of a lease shall be
not less than 20 years, and at the end of the initial term the lease shall be
renewed by the department for an additional term of 20 years. However, any
lessee who is in default under the terms of the lease or has failed to comply
with all management plans applicable to the lease shall not be eligible for
renewal of the lease for an additional term of 20 years as provided in this
paragraph.
     (b) The department shall give preference
in the issuance of leases to:
     (A) Persons who are current lessees; and
     (B) Landowners engaged in the livestock
business that seek to use the common school grazing lands for the grazing of
livestock. For the purposes of this subparagraph, “landowner” means an
individual or legal entity that is the owner of the land, water or water rights
necessary to permit the proper use of the leased common school grazing lands in
combination with the landownerÂ’s privately owned or controlled land or water.
     (c) The department may terminate a lease
of common school grazing lands:
     (A) Upon the default of the lessee as to
any material term of the lease; or
     (B) If the lessee has failed to comply
with any management plan adopted by the department and applicable to the
leasehold.
     (d) Except as provided in paragraph (c) of
this subsection, the department shall not terminate a common school grazing
lands lease without the consent of the lessee. If the consent of the lessee
cannot be obtained, the department may terminate a common school grazing lands
lease only by contemporaneously agreeing to pay to the lessee compensation as
provided by law for all damages caused by the termination of the lease,
including any depreciation or loss of value to the remaining lands or
businesses of the lessee. [1963 c.517 §3; 1967 c.421 §85; 1995 c.813 §1]
     273.820
Exchange of lands. The
Department of State Lands may exchange common school grazing lands for land of
approximately equal aggregate value, when such exchange is in furtherance of
the purposes of ORS 273.805 to 273.825. No exchange shall be made until the
title to the lands to be received has been validated by the Attorney General.
All lands received in exchange shall have the same status and be subject to the
same provisions of law as lands given in exchange therefor. [1963 c.517 §4;
1967 c.421 §86]
     273.825
Purchase of lands by lessee or other person. (1) The lessee of any common school grazing land, upon its
classification for sale by the Department of State Lands, may purchase such
land at a price and on terms prescribed under subsection (2) of this section if
the lessee is an individual person, a resident of this state and owns, in fee
simple, land immediately adjacent to the common school grazing land for which
the lessee has applied. For purposes of this section, lands are considered to
be adjacent if their boundaries are common or intersect at a common point.
     (2) Application to purchase common school
grazing land under subsection (1) of this section must be made in a manner
prescribed by the rules of the department. Upon receiving an application, the
department shall determine whether the applicant qualifies under subsection (1)
of this section. If the applicant qualifies, the department shall cause an
appraisal to be made of the land for which application has been made. The
department then shall fix a price for such land. ORS 270.020, 273.225 to
273.241 and 273.275 do not apply to the sale of land under this subsection. The
applicant shall pay not less than 10 percent of the purchase price at the time
of purchase, and shall pay the remainder in 10 equal installments, at least one
installment to be paid each year, over a period not to exceed 10 years from the
time of purchase, with interest at the rate fixed by the department for
purposes of ORS 327.425.
     (3) If application to purchase common
school grazing land is made by a person other than the lessee of such land, the
department promptly shall notify the lessee by registered or certified mail.
Not later than the 90th day after notice was mailed to the lessee, the lessee
may make written application in a manner prescribed by the rules of the
department to purchase such land. If the department determines that the lessee
qualifies under subsection (1) of this section, the department shall proceed
under subsection (2) of this section. If the department determines that the
lessee does not so qualify, or if the lessee does not make timely application
as required by this subsection, the department shall proceed to sell such land
in accordance with applicable provisions of law other than this section. [1967
c.147 §2]
SETTLEMENT OF
TITLE TO CERTAIN LANDS IN
     273.850
State title to certain lands and improvements transferred to
     (2) Subsection (1) of this section applies
to lands created before May 28, 1963, by artificial fill or deposit on lands
formerly submersible or submerged, if such lands were possessed under color of
title by a person or governmental entity, or predecessors in interest of such
person or governmental entity, throughout the period beginning when such lands
were created and ending on January 1, 1970.
     (3) Nothing in ORS 273.850 to 273.890
applies with respect to land that remained submerged or submersible on May 28,
1963.
     (4) For purposes of section 5, Article
VIII, Oregon Constitution, lands described in subsections (1) and (2) of this
section are not under the jurisdiction of the State Land Board on or after
January 1, 1970. [1969 c.495 §§1,4]
     273.855
     (2) A deed executed under this section is
intended only to evidence the action of the State of Oregon and Clatsop County
in remising, releasing and quitclaiming their rights, title and interest, and
does not confer any rights, title or interest on the recipient of the deed or
indicate any judgment of the State of Oregon or Clatsop County with respect to
any other rights, title or interest that remain or be vested in the recipient
of the deed.
     (3) Except as provided in ORS 273.870 (2)
the Board of County Commissioners of
     (4) Before any deed to such land is
executed under subsections (1) and (2) of this section, the applicant shall pay
to the county treasurer a sum equal to $10 per acre or any portion thereof.
     (5) The county treasurer shall remit all
of such moneys received under subsection (4) of this section to the State
Treasurer, who shall deposit it in the Common School Fund to be credited to the
Distributable Income Account. [1969 c.495 §§5,11,12,14]
     273.860
Filing fee; use of fees; additional fee to cover costs of investigation. Each applicant under ORS 273.865 (1) shall
pay, at the time of filing an application, a fee of $25. Moneys received under
this section shall be deposited with the county treasurer and be available for
payment of the expenses of the Board of County Commissioners of Clatsop County
in carrying out ORS 273.855 (3), (4) and (5) and 273.860 to 273.880. In
addition to such fee, if the county board determines that an investigation
under ORS 273.865 (2) is necessary, it may require the applicant, prior to
execution of any deed under ORS 273.855 (1), to pay an additional fee sufficient
to pay the costs incurred by the county board in excess of $25 in carrying out
its duties with respect to that application under ORS 273.855 (3), (4) and (5)
and 273.860 to 273.880. [1969 c.495 §7]
     273.865
Application for deed; investigation; deadline on application. (1) Application for a deed under ORS 273.855
(1) shall be made to the Board of County Commissioners of
     (a) A legal description of the lands
applied for, and, as nearly as practicable, the time the land was filled or
deposited;
     (b) The names and addresses of persons
other than the applicant who are in occupancy or, to the knowledge of the
applicant, may have any claim to or interest in the lands described in the
application;
     (c) Evidence that the applicant, if other
than a governmental entity, has paid all ad valorem taxes that were assessed
with respect to the lands during the period the applicant asserts to have
possessed the lands;
     (d) Evidence establishing that the
applicant or the predecessors in interest of the applicant have had such
possession of the lands as of the time of application for a deed under ORS
273.850 to 273.890 as would bar an action or suit for recovery of the lands by
a private person under no disability holding legal title thereto.
     (2) The Board of
     (3) The Board of
     273.870
Notice of deed application; protest; hearing; dual applications. (1) The Board of County Commissioners of
Clatsop County shall give public notice of each application received by it
under ORS 273.865 (1), prior to its consideration thereof, by advertisement not
less than once each week for four successive weeks in a newspaper of general
circulation in Clatsop County. Such notice need not describe the lands applied
for in legal terms, but by the use of common descriptions or maps shall be designed
to identify the lands in a manner intelligible to the layperson. Each notice
shall indicate that a protest against the execution of the deed applied for may
be filed, in a manner prescribed by the county board, with the county board not
later than the 60th day after the fourth publication of the notice, or within
such further time as the county board authorizes on a showing of good cause.
Not later than the fifth day after the first publication of the notice, the
county board shall send written notice of the application to the Department of
State Lands.
     (2) If no protest is received within the
time provided for in subsection (1) of this section, and if the county board
thereafter determines that the application conforms to the requirements of ORS
273.865 (1), the county board shall execute and deliver to the applicant a deed
in accordance with ORS 273.855 (1).
     (3) If protest is received within the time
provided for in subsection (1) of this section, the county board shall cause a
hearing to be held with respect to the protest, in a manner prescribed by its
rules, prior to the making of its findings with respect to an application.
     (4) If two or more applications are filed
with respect to the same lands, the county board shall cause a hearing to be
held at which all such applicants may appear or be represented. [1969 c.495 §8]
     273.875
Findings of board; notice; rehearing procedure. The findings of the Board of County
Commissioners of
     273.880
Judicial review procedure.
(1) Jurisdiction for judicial review of actions of the Board of County
Commissioners of
     (2) Not later than the 30th day after
service of the petition, or within such further time as the court may allow,
the county board shall transmit to the court the original or a certified copy
of the entire record of the proceeding under review; however, by stipulation of
all parties to the review proceeding, the record may be shortened. Any party
unreasonably refusing to stipulate to limit the record may be taxed by the
court for the additional costs. The court may require or permit subsequent
corrections or additions to the record when deemed desirable.
     (3) If, before the date set for hearing,
application is made to the court for leave to present additional evidence to
the issues in the case, and it is shown to the satisfaction of the court that
the additional evidence is material and that there were good and substantial
reasons for failure to present it in the proceeding before the county board,
the court may order that the additional evidence be taken before the county
board on such conditions as the court deems proper. The county board may modify
its findings and decision by reason of the additional evidence and, within a
time to be fixed by the court, shall file with the reviewing court, to become a
part of the record, the additional evidence, together with any modifications or
new findings or decision, or its certificate that it elects to stand on its
original findings and decision, as the case may be.
     (4) The review shall be conducted by the
court without a jury as a suit in equity and shall be confined to the record,
except that, in cases of alleged irregularities in procedure before the county
board, not shown in the record, testimony thereon may be taken in the court.
The court, on request, shall hear oral argument and receive written briefs.
     (5) The court may adopt the county board’s
findings of fact and affirm the decision of the county board; or it may reverse
and set aside the county boardÂ’s decision, or reverse and remand for further
proceedings, after review of all the facts disclosed by the record, and any
additional facts established under subsection (4) of this section. The court
thereupon shall enter a judgment. In the case of reversal the court shall make
special findings of fact based on evidence in the record and conclusions of law
indicating clearly all respects in which the county boardÂ’s decision is
erroneous.
     (6) Any party to the proceedings before
the circuit court may appeal from the judgment of that court to the Court of
Appeals. Such appeal shall be taken in the manner provided by law for appeals
from the circuit courts in suits in equity. [1969 c.495 §13; 1979 c.562 §10;
2003 c.576 §411]
     273.885
State prohibited from questioning certain titles. The State of
     273.890
Application of ORS 273.850 to 273.890 to certain lands; tax refunds prohibited. (1) Nothing in ORS 273.850 to 273.890
affects controversies among persons and governmental entities asserting
proprietary rights, title and interests with respect to lands described in ORS
273.850 (1).
     (2) No ad valorem taxes paid or owing with
respect to lands described in ORS 273.850 (1) shall be refunded or canceled on
the ground that the State of
VALIDATING
STATUTES
     273.900
Confirmation of title to tide lands and tide flats. The titles to all tide lands within this state,
and all tide flats not adjacent to the shore in the waters of the state, which
have been heretofore sold to purchasers by the State of Oregon, where the
purchaser has, in good faith, actually paid to the state the purchase price,
and the same has been received by the state, and the purchaser has not
purchased from the state to exceed 320 acres of that character or class of
land, are hereby confirmed to all such purchasers and grantees of the state,
their heirs, successors or assigns, when such tide lands have not been
fraudulently obtained, and without reference to the amount of any other
character of lands purchased by such purchaser theretofore from the state. [Formerly
274.050]
     273.902
Confirmation of title to swamp and overflow lands; deed to claimant. (1) All the rights and title of the State of
Oregon to the swamp and overflowed lands of this state, and claimed by persons
who have completed settlement thereon, or who may hereafter complete settlement
under the provisions of the preemption or homestead laws of the United States,
and have obtained a patent or certificate of final proof therefor, hereby are
granted and confirmed unto such claimant, or the heirs or assigns of the
claimant, respectively.
     (2) Upon application of any such claimant
to the Department of State Lands, with proof of claim evidenced by United
States patent or final certificate of proof of settlement and payment, issued
from the United States Land Office, the department shall execute and deliver to
such claimant, without charge, a quitclaim deed of the stateÂ’s right and title
to the lands so claimed. [Formerly 274.120]
     273.903
Title of certain swamp lands not to be questioned by department; prohibition
against sale of certain swamp lands. The Department of State Lands shall not call in question the title of
any person to any swamp lands which the person may not have acquired by full
and complete compliance with the preemption or homestead laws of the United
States, nor shall the department sell to anyone any unsurveyed swamp lands, or
swamp lands on which any settler shall have made and perfected bona fide legal
entry under the laws of the United States. “Swamp lands,” as used in this
section, means lands classified as swamp lands pursuant to ORS 273.251. [Formerly
274.130]
     273.905
Confirmation of state land deeds prior to 1891. All deeds prior to February 20, 1891, to
state, school, and university lands, the purchase price of which was paid to
the board of commissioners for the sale of school and university lands and for
the investment of the fund arising therefrom, hereby are confirmed to the
grantees of the state, or to their lawful heirs or assigns, together with all
rights, title or interest which the state might or could have in any of the
said lands. This section shall not apply to or confirm the title to any lands
which were procured by false swearing or by fraudulent representations. [Formerly
273.280]
     273.910
Confirmation of title to state lands purchased before 1918. In all cases prior to May 21, 1917, where
state deeds were issued to lands claimed by this state under the laws of the
United States, the legal title to which had not yet vested in the state at the
date of such deeds, the after-acquired title of this state in or to such lands
shall be deemed vested in such purchasers who purchased such lands in good
faith, and their heirs and assigns, from the time such legal title passed or
may pass out of the United States. Nothing in this section shall prevent the
State of Oregon from proceeding at any time to set aside on the ground of fraud
any deed made by the state, nor shall anything contained in this section be
deemed to prejudice the rights of any person claiming title to any public land
adversely to the State of Oregon or to the United States. [Formerly 273.270]
     273.915
Release of claims under pre-1947 deeds reserving right of way. The State of Oregon hereby remises, releases
and forever quitclaims unto the grantees therein, their heirs and assigns, all
rights, titles and interest that may have remained or vested in the State of
Oregon under deeds executed prior to July 5, 1947, by the State Land Board
wherein there was attempted to be reserved a “right of way for ditches, canals
and reservoir sites for irrigation purposes, constructed, or which may be
constructed, by authority of the United States.” [Formerly 273.170]
     273.920
Validation of mineral leases executed and delivered before August 9, 1961. All leases and conveyances granting the
right to explore or prospect for minerals or oil and gas, and for the drilling,
mining and removal of the same on or from lands or mineral rights under the
jurisdiction and control of any state agency, board or commission, which were
executed and delivered by such agency, board or commission prior to August 9,
1961, are hereby validated and declared to be legal and enforceable. [Formerly
part of 517.410]
PENALTIES
     273.990
Penalties. Violation of ORS
273.231 is a misdemeanor. [1967 c.421 §93; 1969 c.594 §30; 1977 c.397 §3; 1983
c.620 §14; 1995 c.543 §8]
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