2007 Oregon Code - Chapter 275 :: Chapter 275 - COUNTY LANDS
Chapter 275 —
County Lands
2007 EDITION
COUNTY LANDS
PUBLIC LANDS
MANAGEMENT AND DISPOSITION OF LANDS AND
RESOURCES
275.020Â Â Â Â Form
and effect of conveyance to county
275.027Â Â Â Â Adverse
possession of county lands
275.030Â Â Â Â
275.040Â Â Â Â Conveyance
pursuant to ORS 275.030
275.060Â Â Â Â Authority
to exchange lands offered for sale and not sold
275.070Â Â Â Â
275.080Â Â Â Â
275.088Â Â Â Â
275.090Â Â Â Â Powers
of county as to lands acquired on foreclosure of tax liens, or by exchange,
devise or gift
275.105Â Â Â Â Acquisition
by county of 90 percent of the lots in a plat for taxes and purchase of
remaining lots; vacation of whole plat
275.110Â Â Â Â Order
to sell certain county lands; exception
275.120Â Â Â Â SheriffÂ’s
notice of sale
275.130Â Â Â Â Claims
of municipal corporations against the land to be filed prior to sale
275.140Â Â Â Â Time
and place of sale
275.150Â Â Â Â Certificate
of sale
275.160Â Â Â Â
275.180Â Â Â Â
275.188Â Â Â Â Definitions
for ORS 275.110 to 275.250
275.190Â Â Â Â Cash
or installment sale; rights and liabilities of installment purchaser
275.200Â Â Â Â
275.210Â Â Â Â Filing
of purchase agreement; assignment
275.220Â Â Â Â Procedure
upon default or breach under land sale contract
275.225Â Â Â Â
275.240Â Â Â Â Taxation
of county lands sold under purchase agreement
275.250Â Â Â Â Notice
to county assessor of sale or resale
275.260Â Â Â Â Lands
acquired by county on tax foreclosure exempt from taxes of other taxing
districts
275.275Â Â Â Â Distribution
of proceeds
275.290Â Â Â Â
275.294Â Â Â Â
275.296Â Â Â Â Validation
of certain conveyances prior to August 3, 1955
275.298Â Â Â Â
275.300Â Â Â Â
275.310Â Â Â Â Partition
of land in which county has acquired interest
275.312Â Â Â Â Conveyance
by county of reserved or excepted mineral rights
275.314Â Â Â Â Contents
of application; investigation and hearing
275.316Â Â Â Â Notice
of hearing; findings; execution of conveyance
275.318Â Â Â Â
275.320Â Â Â Â Designation
of county forests, parks and recreational areas
275.330Â Â Â Â Conveyance
of county forests, parks or recreational areas; agreements to manage timber
275.335Â Â Â Â Exchanging
land within county forest; reserving rights of way
275.340Â Â Â Â
275.360Â Â Â Â Recording
orders of county
275.370Â Â Â Â Validation
of conveyances prior to January 1, 1941
275.010 [Repealed by 1983 c.327 §16]
MANAGEMENT AND DISPOSITION OF LANDS AND
RESOURCES
     275.020
Form and effect of conveyance to county. All real or personal estate conveyed by any form of conveyance, and
duly acknowledged and recorded, to the inhabitants of any county, or to the
county treasurer, or to any committee or other persons for the use of such
county, shall be deemed the property of such county. All such conveyances shall
have the same force and effect as if made to the inhabitants of such county by
their corporate name.
     275.025 [Repealed by 1983 c.537 §7]
     275.027
Adverse possession of county lands. The rights of any county to public lands are not extinguished by
adverse possession. No title or property rights to public lands shall be
acquired against the county through operation of a statute of limitations. [1981
c.153 §51]
     275.030
     (2) A county may sell and convey real
estate owned by the county in a manner provided in ORS chapter 271 if the real
estate was not acquired by foreclosure for nonpayment of real property taxes
and the county governing body deems it not to the best interest of the county
to sell and convey in the manner provided under ORS 275.120, 275.140 to 275.160
and 275.180 to 275.260. [Amended by 1981 c.602 §1; 1983 c.537 §1; 2001 c.649 §1]
     275.040
Conveyance pursuant to ORS 275.030. The conveyance transferring the real estate sold pursuant to ORS
275.030 to the purchaser thereof shall contain the date of the order
authorizing such sale and the page and journal where the order is entered. The
conveyance shall be signed by the county judge or the chairperson of the board
of county commissioners and acknowledged in the manner provided by law for
acknowledgment of other conveyances of real estate. A conveyance so made
conveys all the interest of the county in the property described therein. [Amended
by 1983 c.537 §2]
     275.050 [Repealed by 1983 c.537 §7]
     275.060
Authority to exchange lands offered for sale and not sold. (1) Except as otherwise provided by statute,
the governing body of a county may exchange county land of any character, which
has first been offered for sale but not sold for want of a satisfactory bid,
for other lands of equal value to which the owner thereof can give clear title
and which are free of all liens and encumbrances.
     (2) Exchanges may be effected between the
county and an individual, partnership or corporation. Thirty days prior to the consummation
of the exchange, notice of intention to exchange, setting forth the legal
description of the property to be exchanged, together with the appraised value
as recently determined by the governing body of the county and the legal
description of the property to be acquired in exchange, shall be published for
two successive weeks in a newspaper of general circulation in the county. At
any time before an exchange is actually made, written objection thereto may be
filed by any interested person and the governing body of the county shall
consider any such objection, and at its discretion may conduct hearings
thereon. If, after duly considering such objection, the governing body of the
county still deems that the proposed exchange is for the best interests of the
county, the governing body may proceed with the exchange and its determination
in that respect shall be final.
     (3) Lands received by the county in
exchange may be sold, leased or exchanged the same as might have been done with
the lands originally exchanged. [Amended by 2005 c.243 §10]
     275.070
     275.080
     (2) Legal title to timber on such lands
shall remain in the county and such timber shall not be removed therefrom
except with the express written consent of and under the direct supervision of
the State Board of Forestry.
     (3) Should any such lands so conveyed
cease to be used to preserve and protect the watershed for which it was
conveyed, or if the person or corporation does not take water from the
watershed for a period of one year, legal title to such land shall immediately
revert to and revest in the county without the necessity of reentry. [Amended
by 1981 c.602 §2; 2005 c.243 §11]
     275.088
Sale to certain county officers or employees of real property acquired by
foreclosure of tax lien; disposition of real property or proceeds of sale of
real property acquired by ineligible purchaser. (1) As used in this section:
     (a) “Actual conflict of interest” has the
meaning given that term under ORS 244.020.
     (b) “Bona fide purchaser” means a
purchaser of a fee simple interest in a single property who acquires the
property in an armÂ’s-length transaction and for fair market value and adequate
consideration.
     (c) “Discretionary action” means an action
committed to the sound judgment and conscience of a county officer or a county
employee, acting in the official capacity of the officer or employee.
     (d) “Ministerial action” means an action
requiring obedience to specific instructions or law and allowing little or no
discretion in its implementation.
     (2) An elected or appointed county officer
as described in ORS 204.005, a family member of the officer or an intermediary
of either may not purchase from the county, directly or indirectly, real
property obtained by foreclosure of delinquent tax liens.
     (3) A county employee not included under
subsection (2) of this section, a family member of the county employee or an
intermediary of either may not purchase from the county, directly or
indirectly, real property obtained by foreclosure of delinquent tax liens if
the county employee has an actual conflict of interest related to the real
property. An actual conflict of interest may be created under this section by
the discretionary action of a county employee related to the foreclosure, sale
or transfer of the real property by the county, but is not created by the
ministerial action of the county employee.
     (4) In addition to and not in lieu of a
penalty or sanction that may apply under ORS chapter 244 or otherwise, if real
property is purchased in violation of this section, the county officer or
employee shall:
     (a) Transfer the real property to the
county for the amount paid for the property less an amount for expenses
incurred by the county; or
     (b) If the real property has been
transferred by the county officer or employee to a bona fide purchaser,
transfer to the county the amount received for the sale to a bona fide
purchaser less the amount paid to obtain the property from the county. [2001
c.180 §2]
     275.090
Powers of county as to lands acquired on foreclosure of tax liens, or by
exchange, devise or gift.
The governing body of each county shall have the following powers and duties
with respect to all lands acquired by the county by foreclosure of delinquent
tax liens, or by exchange, devise or gift:
     (1) To protect such lands from fire,
disease and insect pests, to cooperate with the United States of America, the
State of Oregon, and with the agencies of both, with persons owning lands
within such counties, and with other counties of the State of Oregon in the
protection of such county-owned lands and to enter into all agreements
necessary or convenient therefor.
     (2) To sell, exchange, and lease such
lands or any portion of or interest in the same less than the whole fee.
     (3) To grant easements and rights of way
over, through and across such lands.
     (4) To reforest cut-over or burned-over
timberlands and to cooperate with the United States of America, the State of
Oregon and the agencies of both, and with other counties of the State of
Oregon, and with persons, firms and corporations owning timberlands within such
county in such reforestation and to make all agreements necessary or convenient
therefor.
     (5) To make all rules and regulations, not
inconsistent with law, necessary or convenient for the protection,
administration, operation, conveyance, leasing and acquisition of lands.
     (6) To employ such assistance as may be
necessary to carry out the provisions of ORS 275.090 to 275.316 and to
cooperate with other counties in this state in such employment. [Amended by
1969 c.595 §10; 2005 c.243 §12]
     275.100 [Repealed by 2005 c.243 §33]
     275.105
Acquisition by county of 90 percent of the lots in a plat for taxes and
purchase of remaining lots; vacation of whole plat. If any county has bid in and acquired for
taxes and has received a deed for not less than 90 percent of the number of the
lots in any addition or subdivision or plat, and if it considers it wise so to
do, the governing body of the county shall, by order duly made and entered,
authorize the purchase of such remaining lots from the owners or may exchange
for the lots other lots owned by such county. Upon acquiring title to all the
lots in any addition or subdivision or plat, it may enter an order vacating the
whole of such addition, subdivision or plat. If any remaining lots are
purchased by the county pursuant to this section, the purchase price of the
lots shall not be greater than the real market value of the lots, and if other
lots are exchanged for the remaining lots, those lots shall be accepted in full
payment of the purchase price of the lots for which they are exchanged. [Amended
by 1981 c.804 §78; 1991 c.459 §372; 2005 c.243 §13]
     275.110
Order to sell certain county lands; exception. (1) When the governing body of a county
considers it to be for the best interests of the county to sell any real
property acquired in any manner by such county, or any interest therein less
than the whole fee, it shall enter an order upon its records directing the
sheriff to make sale thereof, and fix the minimum price for which each
interest, parcel or group of parcels may be sold and the conditions and terms of
sale. The order may be amended from time to time or revoked as the governing
body deems proper.
     (2) Subsection (1) of this section and ORS
275.120 to 275.160 do not apply to the sale of any real property to any other
public body or to the sale of any real property that is an industrial facility
as defined by ORS 271.510. The sale of industrial facilities shall be made in
the manner provided by ORS 271.510 to 271.540. [Amended by 1981 c.602 §3; 1983
c.494 §2; 1983 c.537 §4; 1983 c.740 §72; 1985 c.565 §43; 2005 c.243 §14]
     275.120
SheriffÂ’s notice of sale.
(1) Upon receipt of a certified copy of the order referred to in ORS 275.110,
the sheriff shall publish a notice of the sale of such property in a newspaper
of general circulation, printed and published in the county where the land is
situated, once each week for four consecutive weeks prior to such sale.
     (2) The notice shall state:
     (a) The time and place of sale;
     (b) The description of the property or
interest therein to be sold;
     (c) If available from the tax roll, the
real market value of the property or interest to be sold as evidenced by the
last roll certified under ORS 311.105 on which the property was included;
     (d) The minimum price for the property or
interest to be sold, as fixed by the governing body of the county, which may be
lower than the tax roll value;
     (e) The date of the order directing the
sale; and
     (f) Such other matters as the governing
body of the county deems pertinent.
     (3) Proof of publication of the notice
shall be made in the same manner as proof of publication of summons is made,
and shall be filed by the sheriff with the county clerk of the county, and then
recorded in the deed record of the county. [Amended by 1981 c.602 §4; 1989
c.223 §1; 1995 c.79 §93; 2005 c.243 §15]
     275.130
Claims of municipal corporations against the land to be filed prior to sale. Prior to the date set for the sale of
property as indicated in the notice of sale required under ORS 275.120, a
municipal corporation may file with the county clerk notice that the municipal
corporation has a lien arising out of an assessment for local improvement
against the property described in the notice. The notice shall identify each
property described in the notice to which a lien for assessment for local
improvement has attached and shall state the principal amount of the lien and
the interest thereon to date. Upon receipt of the notice, the county clerk
shall forward a copy of the notice to the county treasurer and to the county
employee responsible for the management of county-owned real property acquired
by the foreclosure of delinquent property taxes. A notice filed within the time
and in the manner permitted under this section shall preserve the rights of a
municipal corporation to a distribution under ORS 275.275 (3)(a)(A). [Amended
by 1997 c.805 §3]
     275.140
Time and place of sale. All
sales shall be made in the county in which the land is situated between the
hours of 10 a.m. and 4 p.m., and may be adjourned from day to day for not to
exceed 30 days by the sheriff, by public announcement made by the sheriff at
the time and place designated in the notice of sale or at the time and place to
which the sale may be adjourned. [Amended by 1971 c.120 §2]
     275.150
Certificate of sale. At the
time of sale, the sheriff shall give to each purchaser a certificate containing
a particular description of the property sold, the whole purchase price, the
amount paid in cash and the dates upon which future payments will become due. [Amended
by 1997 c.805 §4]
     275.160
     275.170 [Amended by 1991 c.249 §21; repealed by 1997
c.805 §7]
     275.180
     (2) All such sales of any such property to
the record owner or the contract purchaser of record shall be subject to all
liens or claims arising out of any assessment for a local improvement levied
against such property, or any part thereof, by any municipal corporation and
remaining unsatisfied, and also shall be subject to any title or equity of the
municipal corporation predicated upon or growing out of any such lien or
assessment. [Amended by 1973 c.843 §1; 1975 c.657 §1; 2005 c.243 §17]
     275.188
Definitions for ORS 275.110 to 275.250. (1) As used in ORS 275.110 to 275.250, “purchase agreement” means a
purchase money mortgage, a purchase money trust deed, a land sale contract or
any other written purchase agreement other than an earnest money agreement that
requires payment of an earnest money deposit upon execution and payment of the
outstanding balance in one additional payment.
     (2) As used in ORS 275.190, “for cash,”
when used to describe the terms of a sale of county property, includes a sale
pursuant to an earnest money agreement that requires payment of an earnest
money deposit upon execution and payment of the outstanding balance in one
additional payment. [2005 c.243 §2]
     Note: 275.188 was added to and made a part of
275.110 to 275.250 by legislative action but was not added to any other series
in ORS chapter 275. See Preface to Oregon Revised Statutes for further
explanation.
     275.190
Cash or installment sale; rights and liabilities of installment purchaser. (1) Sales made under ORS 275.110 to 275.250
must be to the highest and best bidder:
     (a) For cash; or
     (b) For not less than 10 percent of the
purchase price in cash with the remainder to be paid under a purchase agreement
in equal installments over a term not exceeding 20 years from the date of sale
and with deferred payments bearing interest from the date of sale at a rate set
by the governing body of the county and payable annually.
     (2) In advertising for bids, the county
shall state whether the sale will be made for cash or by purchase agreement. If
by a purchase agreement that allows for deferred payments, the county shall
also state the term and the rate of interest to which the county will agree.
     (3) The purchaser shall have the
possession of, and the income from the premises so long as the purchaser is not
in default in the performance of the purchase agreement with the county, but
shall forfeit the purchaserÂ’s rights under the agreement and to all payments
made pursuant thereto if the purchaser fails to pay the purchase price or any
part of the purchase price, principal or interest, or to pay, before
delinquency, the taxes thereafter levied against the premises, or commits or
suffers any strip or waste of or on the premises, or violates any other
reasonable provision of the purchase agreement that the governing body of the
county may see fit to require. The purchaser shall have the privilege of
prepayment without penalty. The provisions of this subsection must be
incorporated in the purchase agreement. [Amended by 1969 c.208 §1; 1981 c.412 §3;
2005 c.243 §3]
     275.200
     (2) After the sheriff has unsuccessfully
attempted to sell real property of the county as provided in ORS 275.120 to
275.160, the governing body of the county may sell all or a part of the land,
or an interest in the land less than the whole fee, at private sale without
further notice but for not less than the largest amount bid for the land at the
sheriffÂ’s sale, or, if no bid was made, at a price the governing body of the
county deems reasonable, but at a price no less than 15 percent of the minimum
bid set under ORS 275.110 for the sheriffÂ’s sale.
     (3) A sale under this section must be made
in the manner provided by ORS 275.190 (1).
     (4) Nothing in this section prohibits the
governing body of a county from entering an order at any time under ORS 275.110
directing the sheriff to sell real property of the county as provided in ORS
275.120 to 275.160. [Amended by 1981 c.602 §5; 1989 c.223 §2; 1989 c.688 §1;
2005 c.243 §4]
     275.210
Filing of purchase agreement; assignment. (1) A purchase agreement made pursuant to ORS 275.190 or 275.200 must
be filed with the clerk, accountant or secretary, as the case may be, of the
county in which the real property is situated.
     (2) An assignment of a purchase agreement,
or of an interest in the purchase agreement or of an interest in the property
described in the purchase agreement, is not valid unless it is in writing,
subscribed by the holder of the purchase agreement and filed with the county
clerk of the county in which the land is situated. [Amended by 1983 c.310 §15;
1991 c.67 §65; 2005 c.243 §5]
     275.220
Procedure upon default or breach under land sale contract. (1) In case of breach of condition or other
default in performance of a land sale contract made pursuant to ORS 275.190 or
275.200, the governing body of a county may, by order made and entered in its
records, declare the breach or default and cancel the land sale contract or
enter into a new purchase agreement in writing. If the land sale contract is
canceled and the holder is found within the county, a certified copy of the
order shall be served as a summons is served by the sheriff upon the holder of
the canceled land sale contract. If the land sale contract is canceled and the
holder is not found within the county, a certified copy of the order shall be served
by mailing it to the holder by registered mail or by certified mail with return
receipt at the last-known address of the holder. Return of such service shall
be made upon such copy of order.
     (2) Within 20 days after the service of
the order of cancellation upon the holder, the holder of the canceled land sale
contract may appeal from the order to the circuit court for the county in which
the land is located. The circuit court shall try the appeal as an action not
triable by right to a jury. If appeal is not taken or if it results, upon
trial, in an affirmance of the order of cancellation, the order becomes
absolute and the real property forfeited may be sold without notice.
     (3) In addition to the remedy for breach
or default of a land sale contract under this section, a county may pursue any
other remedy provided by law for breach or default of a land sale contract
including, but not limited to, the remedy provided by ORS 93.905 to 93.940.
     (4) In case of breach of condition or
other default in performance of a purchase agreement other than a land sale
contract, a county may pursue any remedy provided by law for breach or default
of a purchase agreement other than a land sale contract. [Amended by 1979 c.284
§128; 1991 c.67 §65; 1991 c.249 §22; 2005 c.243 §6]
     275.225
     (a) Has a real market value of less than
$15,000 on the assessment roll prepared for the county; and
     (b) Is unsuited for the construction or
placement of a dwelling under applicable zoning ordinances and building codes.
     (2) The governing body of the county may
publish a notice of the private sale of county land described in subsection (1)
of this section in a newspaper of general circulation in the county. The notice
must contain a description of the land and must indicate the real market value
of the land.
     (3) Not earlier than 15 days after
publication of the notice, an officer or employee of the county authorized by
the governing body of the county to sell the land may sell all or a part of the
land, at private sale without further notice, at a price the governing body of
the county considers reasonable.
     (4) A sale under this section must be made
in the manner provided by ORS 275.190 (1). [1989 c.305 §1; 1997 c.805 §1; 2005
c.243 §7; 2007 c.231 §1; 2007 c.435 §1]
     Note: 275.225 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 275 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     275.230 [1989 c.558 §1; repealed by 2005 c.243 §33]
     275.240
Taxation of county lands sold under purchase agreement. Land sold under a purchase agreement in
accordance with ORS 275.190 (1) is subject to taxation to the same extent as
other privately owned real property. When a purchase agreement is canceled, as
provided in ORS 275.220, the real property must be removed from taxation and
all taxes then unpaid must be canceled. [Amended by 2005 c.243 §8]
     275.250
Notice to county assessor of sale or resale. Upon any sale or resale as provided in ORS 275.110 to 275.220, the
governing body of the county shall notify the county assessor thereof. [Amended
by 2005 c.243 §18]
     275.260
Lands acquired by county on tax foreclosure exempt from taxes of other taxing
districts. No claim shall
ever be allowed against the county in favor of any municipal corporation,
school district, road district or other taxing district for taxes levied on the
property heretofore or hereafter acquired by any county by foreclosure of
delinquent taxes or otherwise under ORS 275.090 to 275.220, but all taxes shall
at the time of the acquisition of the property by such county thereby be
canceled.
     275.270 [Repealed by 1969 c.595 §17]
     275.275
Distribution of proceeds.
(1)(a) The proceeds arising under ORS 275.090 to 275.290 and 275.296 to 275.310
must be applied:
     (A) First, to refund the county general
fund for the full amount advanced by the county to pay the state tax upon all
properties upon which the county has foreclosed liens for delinquent taxes;
     (B) Second, to the county general fund in
an amount equal to the penalty and fee described in ORS 312.120 for each
property upon which the county has foreclosed a lien for delinquent taxes; and
     (C) Third, to refund the county general
fund for all the costs and expenses incurred by the county in the maintenance
and supervision of such properties and in any suits by it to quiet its title to
property sold. The proceeds applied as refunds under this subparagraph and
subparagraph (A) of this paragraph shall not amount to more than the tax
actually paid and the costs and expenses actually incurred by the county.
     (b) After the refunds authorized under
paragraph (a) of this subsection are made, the county treasurer shall credit to
the county general fund proceeds arising under ORS 275.090 to 275.290 and
275.296 to 275.310 from the sale of real property acquired by the county in a
manner other than by foreclosure of delinquent tax liens or by exchange for
land originally acquired by foreclosure of delinquent tax liens. The proceeds
described in this paragraph include payments for the real property sold under a
purchase agreement pursuant to ORS 275.190 or 275.200.
     (2) The proceeds arising under ORS
275.294:
     (a) Must be credited to the county general
fund by the county treasurer, if received from a lease or conveyance granting
rights to explore, prospect for or remove biogas that is produced by
decomposition of solid waste at any land disposal site or former land disposal
site owned by the county. As used in this paragraph, “land disposal site” has
the meaning given that term in ORS 459.005.
     (b) Must be segregated from the portion of
the proceeds described in paragraph (a) of this subsection and deposited in a
separate account maintained by the county. Interest earned on the segregated
portion of the proceeds must be credited to the account established under this
paragraph.
     (c) May be used, in an amount that does
not exceed 10 percent of the proceeds, to reimburse a taxing district within
the county for costs and expenses necessarily incurred by the district in
providing improved, additional or extraordinary services required on lands in
the county as a result of exploration, drilling, mining, logging or other
activities authorized under a lease or conveyance under ORS 275.294. As used in
this paragraph, “improved, additional or extraordinary services” includes, but
is not limited to, fire protection and road construction and maintenance.
     (d) May be used to reimburse the county
for its actual costs and expenses incurred under this subsection and under ORS
275.294 for:
     (A) The maintenance and supervision of a
lease or conveyance granting rights to explore, prospect for, mine or remove
valuable minerals, oil or gas from the lands;
     (B) The maintenance and supervision of a
lease or conveyance granting rights to conduct underground storage, as defined
in ORS 520.005; and
     (C) Litigation resulting from a lease or
conveyance described in subparagraph (A) or (B) of this paragraph.
     (3)(a) After a portion of the proceeds
arising under ORS 275.090 to 275.290 and 275.296 to 275.310 and a portion of
the proceeds arising under ORS 275.294 are applied as provided in subsections
(1) and (2) of this section, the balance of the proceeds arising under ORS
275.090 to 275.290 and 275.296 to 275.310 and the balance of the proceeds
arising under ORS 275.294, including the payments for land sold under contract
pursuant to ORS 275.190 or 275.200, must be distributed by the county treasurer
as follows:
     (A) First, to a municipal corporation that
has filed a notice, in accordance with ORS 275.130, relating to a local
improvement lien against the property from which the sale proceeds are derived.
The amount of the distribution to each municipal corporation must be in the
principal amount of the lien, plus the interest and any penalties that accrued
to the date of sale of the property.
     (B) Second, to governmental units in
accordance with the formula provided in ORS 311.390 for the distribution of tax
collections. The amount distributed to governmental units must be the amount
remaining after the distribution, if any, under subparagraph (A) of this
paragraph.
     (b) Notwithstanding ORS 294.080, as used
in this subsection, “balance of the proceeds” includes all accumulated interest
earned on the proceeds arising under ORS 275.294 that are segregated pursuant
to subsection (2)(b) of this section, unless a court of competent jurisdiction
rules otherwise.
     (4) Distribution of moneys under
subsections (2) and (3) of this section must be made on or before June 30 in
each year.
     (5) The county treasurer or auditor shall
verify the costs and expenses to be reimbursed under subsection (2) of this
section.
     (6) The county treasurer shall distribute
reimbursements under subsection (2) of this section in accordance with an order
of the governing body of the county. [1963 c.606 §5; 1969 c.595 §11; 1982 s.s.1
c.19 §1; 1983 c.537 §5; 1985 c.707 §1; 1989 c.833 §78; 1993 c.613 §1; 1997
c.805 §5; 2005 c.243 §9]
     275.280 [Repealed by 1969 c.595 §17]
     275.285 [1963 c.606 §6; repealed by 1969 c.595 §17]
     275.290
     (2) Any purchaser of such timber may be
required to give a bond or undertaking in favor of the county conditioned upon
the compliance of the purchaser with all such conditions and regulations and
with the provisions of the state forest fire laws, the bond to be in an amount
not less than the full purchase price of the timber.
     (3) The instrument or agreement for
conveyance may be made for a term of years, in which case all rights and
interests thereby granted by the county shall revert to and revest in the
county upon expiration of the term. [Amended by 2005 c.243 §19]
     275.294
     (2) Except as provided in subsection (3)
of this section, any lease or conveyance of minerals or oil and gas or interest
in such lands shall be granted to the highest bidder, after an opportunity for competitive
bidding is given by advertisement of the proposed sale or lease for not less
than once a week for two successive weeks by publication in one or more
newspapers having general circulation in the county, and under such terms,
conditions and regulations as the governing body of the county provides under
ORS 275.300.
     (3) The governing body of the county, as
to any land which is owned by the county or whereon the mineral rights are
reserved by the county, may execute leases and contracts, other than for gas or
oil, upon a royalty basis without requiring bids for the mining of gold,
silver, copper, lead, cinnabar and valuable minerals or mineral materials from
such lands upon terms and conditions agreed upon by the governing body of the
county and the lessee. [1955 c.150 §§1,2; 1959 c.603 §1; 1983 c.537 §6; 2005
c.243 §20]
     275.296
Validation of certain conveyances prior to August 3, 1955. All leases and conveyances granting the
right to explore or prospect for minerals or oil and gas and for the mining and
removal of the same on or from county-owned lands, executed and delivered by
the governing body of a county prior to August 3, 1955, and which might be
invalid only because the governing body of the county was not expressly
authorized by statute to execute and deliver such leases or conveyances, hereby
are validated and declared to be legal and enforceable. [1955 c.150 §3; 2005
c.243 §21]
     275.298
     (2) Unless the purchaser at any sale is
the owner of some interest less than the fee, the execution of a deed shall be
postponed for 60 days from the date of sale in order to give the party granted
preferential right under subsection (1) of this section, or the assignee of the
party, the right to exercise the preference in the manner set forth in
subsection (1) of this section.
     (3) The provisions of this section shall
not be applicable to the sale of mineral rights on or under any land suitable
for the commercial production or development of timber. [1955 c.370 §§1,2,3;
2005 c.243 §22]
     275.300
     275.310
Partition of land in which county has acquired interest. Any county which has acquired or shall
acquire an undivided interest in real property by foreclosure of delinquent tax
liens, shall have the benefit of the statutes of this state providing for the
partition of real property owned by tenants in common. Such county may become a
purchaser at any sale of such real property upon partition.
     275.312
Conveyance by county of reserved or excepted mineral rights. Notwithstanding any other law, in any county
where the surface rights to tax-foreclosed lands have been conveyed and the
mineral rights on such lands have been reserved or excepted by the governing
body of the county making such conveyance, upon written application of the
owner of such surface rights, the governing body of the county, whenever it
appears to the governing body of the county to be in the best interests of the
county, may convey such reserved or excepted mineral rights to the owner of the
surface rights in accordance with ORS 275.314 and 275.316. [1967 c.188 §2; 2005
c.243 §24]
     275.314
Contents of application; investigation and hearing. Each application presented to the governing
body of the county under ORS 275.312 must be accompanied by evidence satisfactory
to the governing body of the county showing that the applicant is the owner of
the surface rights to the lands described in the application, and also by a
cash deposit or an irrevocable letter of credit issued by an insured
institution as defined in ORS 706.008 in an amount sufficient to reimburse the
county for all costs of such transfer, including but not limited to the costs
of investigation and legal work, which shall be paid by the applicant. The
governing body of the county then shall cause an investigation to be made by
qualified geologists or mining engineers in regard to the probable value of
such mineral rights. If the governing body of the county finds that such rights
are of little or doubtful value and that it would be in the best interests of
the county to transfer such rights to the owner of the surface rights, the
governing body of the county may make and enter an order declaring its
intention to make such transfer and setting a time and place for hearing
objections thereto. The time for the hearing shall be set not earlier than six
weeks after the date of the order. [1967 c.188 §3; 1991 c.331 §52; 1997 c.631 §431;
2005 c.243 §25]
     275.316
Notice of hearing; findings; execution of conveyance. (1) The county clerk shall give notice of the
time and place of the hearing scheduled under ORS 275.314 by publication in a
newspaper of general circulation published in such county, once each week for
four consecutive weeks prior to the hearing. The notice shall set forth the
time and place of the hearing, the name of the applicant and a description of
the lands in the proposed transfer. If no newspaper of general circulation is
published in the county, notice may be given by the clerk by posting such
notice in at least four public places in the county.
     (2) Upon such hearing, if the governing
body of the county finds that such mineral rights are of little or doubtful
value and that it would be in the best interests of the county to convey such
rights to the record owner of the surface rights, it may fix a minimum value
for such rights and enter an order accordingly. Thereupon the governing body of
the county, after receiving payment of such value, may execute and deliver the
necessary deeds of conveyance. [1967 c.188 §4; 2005 c.243 §26]
     275.318
     (2) The county treasurer shall disburse
the moneys in the Industrial Development Revolving Fund of the county only upon
the written order of the county governing body and only for the purposes set
forth in subsection (3) of this section.
     (3) Moneys in an Industrial Development
Revolving Fund created under this section by a county governing body shall be
expended only for the engineering, improvement, rehabilitation, construction,
operation or maintenance, in whole or in part, including the preproject
planning costs, of any development project authorized by ORS 271.510 to 271.540
and 280.500 that is located in the county and that could directly result in one
of the following activities:
     (a) Manufacturing or other industrial
production;
     (b) Agricultural development or food
processing;
     (c) Aquacultural development or seafood
processing;
     (d) Development or improved utilization of
natural resources;
     (e) Convention facilities and trade
centers;
     (f) Transportation or freight facilities;
and
     (g) Other activities that represent new
technology or types of economic enterprise the county governing body determines
are needed to diversify the economic base of the county.
     (4) If moneys from the sale of county
property located in an area planned and zoned for industrial use are not
credited to the Industrial Development Revolving Fund of the county, those
moneys shall be distributed as provided in ORS 275.275.
     (5) The governing body of a county may
sell, lease or convey the real property described in this section, including
any part thereof or interest therein, at public or private sale, with or
without advertisement, and do all acts necessary to the accomplishment of the
sale, lease or conveyance. [1983 c.494 §1]
Note: 275.318 was enacted into law by the Legislative Assembly but was not
added to or made a part of ORS chapter 275 or any series therein by legislative
action. See Preface to Oregon Revised Statutes for further explanation.
     275.320
Designation of county forests, parks and recreational areas. The governing body of a county may, by
order, designate as county forests, public parks or recreational areas any real
property heretofore or hereafter acquired by the county for delinquent taxes or
otherwise. Where the park or recreational area is situated in whole or in part
within the corporate limits of any city the county first shall obtain the
consent or approval, by resolution or ordinance adopted by the city consenting
or approving the creation of the public park or recreational area. [Amended by
2005 c.243 §27]
     275.330
Conveyance of county forests, parks or recreational areas; agreements to manage
timber. (1) Upon the entry
of an order by the governing body of a county setting aside the real property
for county forest, public park or recreational area, the lands shall be set
apart for such use. Thereafter such lands may not be alienated by the governing
body of the county for any purpose unless authorized by a majority of the
electors of the county in a regular or special election, except that:
     (a) In counties having 450,000 population
or over according to the latest federal decennial census:
     (A) The lands may be sold and conveyed by
the governing body of a county if it considers the sale to be in the best
interests of the county; or
     (B) The lands may be conveyed without
payment or compensation for park and recreational purposes to any public
educational institution, park and recreation district, service district formed
under ORS chapter 451 to provide and maintain park and recreational facilities
or nonprofit corporation organized under the laws of the State of Oregon for as
long as the lands so conveyed are used for such purposes. Any lands conveyed
under this subparagraph shall automatically revert to the county if the lands
are not used for such purposes or if the institution, district or corporation
to which the lands are conveyed is dissolved. However, lands conveyed under
this subparagraph to a nonprofit corporation which is organized for the purpose
of promoting the preservation of park and recreational areas may be conveyed
without restriction subject to prior approval of the governing body of the
county. When lands are conveyed under this subparagraph, the county shall be
relieved from any obligation to account for the payment of any taxes, liens or
assessments that may have been levied against the lands by any taxing agency,
district or municipality authorized to levy against any of the lands.
     (b) The governing body of a county may
convey the lands to the state, an incorporated city, a park and recreation
district or the United States Government for public use. The conveyance may be
made without the payment of compensation, and when so made the county shall be
relieved from any obligation to account for the payment of any taxes, liens or
assessments that may have been levied against the lands by any taxing agency,
district or municipality authorized to levy taxes against any of the lands.
     (c) The governing body of a county may
enter into agreements with the state or the
     (2) In addition to the methods described in
subsection (1) of this section, lands that have been set aside for county
forest, public park or recreational area may be alienated, sold or conveyed, in
part or in whole, by the public body upon a finding that it is in the best
interest of the public. Upon a determination that an alienation, sale or
conveyance is in the public interest, the lands set aside may be sold at public
or private sale, or other lands may be taken in exchange and set aside for park
or recreational purposes. When a sale, an alienation or conveyance takes place,
the proceeds shall be held for maintenance and improvement of existing park and
recreation lands or future acquisition of lands to be set aside for park or
recreational purposes.
     (3) Before making an order for an
alienation, sale or conveyance of the property without approval at an election,
or before entering into agreements for management of timber and other forest
products under subsection (1)(c) of this section, the county governing body
shall hold a hearing in the county at which objections to the proposed
agreements or alienation, sale or conveyance may be heard. Notice of the
hearing shall be given by publication weekly for two consecutive weeks in a
newspaper circulated generally within the county, and the notice shall describe
particularly the property affected. [Amended by 1959 c.546 §1; 1981 c.482 §1;
1989 c.534 §1; 1993 c.432 §1; 2005 c.243 §28]
     275.335
Exchanging land within county forest; reserving rights of way. (1) Notwithstanding the provisions of ORS
275.330 or 275.340, the governing body of a county may provide for the exchange
of land within a designated county forest for other land when in the judgment
of the governing body of the county, supported as provided in subsection (3) of
this section, such exchange is for equal value and is in the best interest of
the county. Such exchanges shall be authorized under this section only when the
land obtained by the county in exchange is immediately incorporated into the
designated county forest.
     (2) Before making an order for exchange of
property, the governing body of the county shall hold a hearing at which
objections to the proposed exchange of real property may be heard. Notice of
the hearing shall be given by publication weekly for two consecutive weeks, or
two publications in all, in a newspaper circulated generally within the county,
such notice to describe particularly the property affected. The date of hearing
shall be not less than five days following the last date of publication of
notice.
     (3) The exchange authorized in subsection
(1) of this section shall be made by order of the governing body of the county
and supported by reports of the value of the properties being exchanged
submitted by:
     (a) The county assessor; and
     (b) The county forester or other qualified
agent selected by the governing body.
     (4) The exchanges authorized in this
section may include any timber on the land involved if the value of such timber
is established as provided in subsection (3) of this section.
     (5) The governing body of the county shall
reserve all rights of way in all lands exchanged as provided in subsection (1)
of this section to permit proper administration and management of county lands
and forests retained or received in exchange by the county. [1961 c.227 §2;
2005 c.243 §29]
     275.340
     275.350 [Repealed by 1981 c.126 §6]
     275.360
Recording orders of county.
Certified copies of all orders of the governing bodies of the several counties
made under ORS 275.320 to 275.340 affecting the title or status of real
property shall be recorded in the deed records of the county in which such
lands are located. [Amended by 1981 c.126 §4; 1983 c.740 §74; 2005 c.243 §30]
     275.370
Validation of conveyances prior to January 1, 1941. All deeds and conveyances of the governing
bodies of the several counties executed and delivered prior to January 1, 1941,
conveying real property theretofore set aside by the governing bodies of the
several counties as public parks and recreational areas under ORS 275.320
hereby are validated and declared to be legal and of full force and effect,
both in law and in equity. [Amended by 2005 c.243 §31]
     275.390 [Repealed by 1981 c.126 §6]
     275.400 [Repealed by 1981 c.126 §6]
     275.410 [Repealed by 1981 c.126 §6]
     275.420 [Repealed by 1981 c.126 §6]
     275.430 [Repealed by 1981 c.126 §6]
     275.440 [Repealed by 1981 c.126 §6]
     275.990 [Repealed by 1981 c.126 §6]
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