2011 Oregon Revised Statutes
ORS Volume 9, Chapters 326 - 365
ORS Chapter 351
351.060 Board general powers as to control and management of property; legal proceedings; financing agreements; rules.

The State Board of Higher Education may:

(1) Control and provide for, subject to the conditions of this section, the custody and occupation of the grounds, buildings, books, papers and documents belonging to each and all of the public universities and offices, departments or activities under the control of the State Board of Higher Education.

(2) Manage, control and apply all property of whatever nature given to or appropriated for the use, support or benefit of any or all of the public universities or offices, departments or activities under the control of the State Board of Higher Education, according to the terms and conditions of such gift or appropriation. Moneys received under this section shall be deposited in a designated account in the Oregon University System Fund established by ORS 351.506. Interest earned by the account shall be credited to the account.

(3) Design, acquire, erect, improve, repair, maintain, lease, renovate, demolish, equip, furnish and dispose of buildings, structures and lands necessary for carrying out its powers, rights and duties.

(4) Acquire, receive, hold, control, convey, sell, manage, operate, lease, lend, license, improve and develop any and all property, real or personal:

(a) Given to any of the public universities or offices, departments or activities under the control of the State Board of Higher Education by private donors, whether such gifts are made to the State Board of Higher Education or to the State of Oregon; or

(b) Acquired by any other method or from any source by the State Board of Higher Education for the benefit of any of the public universities or offices, departments or activities under the control of the board, except for any structure, equipment or asset encumbered by a certificate of participation.

(5) Exercise the power of eminent domain for the condemnation of property of any kind and all water rights, easements and appurtenances thereto that the State Board of Higher Education considers necessary for carrying out the powers, rights and duties of the board.

(6) Take and hold mortgages on real and personal property acquired by way of gift or arising out of transactions entered into in accordance with the powers, rights and duties of the State Board of Higher Education.

(7) Institute, maintain and participate in suits and actions and other judicial proceedings, in the name of the State of Oregon, for the foreclosure of such mortgages or for the purpose of carrying into effect any and all of the powers, rights and duties of the State Board of Higher Education. Except as otherwise provided by ORS 30.260 to 30.300, the board has the authority to defend and indemnify its employees, officers and agents when they are acting in good faith within the course and scope of their duties for public purposes.

(8) Acquire, receive, hold, control, sell, manage, operate, lease, license or lend any goods, supplies, materials, equipment, services and information technology, for the use, support or benefit of any of the public universities or offices, departments or activities under the control of the State Board of Higher Education.

(9) With the approval of the State Treasurer, request that the Oregon Department of Administrative Services enter into financing agreements in accordance with ORS 283.085 to 283.092 on behalf of the Oregon University System. The Oregon University System shall be considered a state agency for purposes of ORS 286A.730.

(10) Own, control and operate Oregon University System motor vehicles for use by public universities and offices, departments and activities under the control of the State Board of Higher Education. The board shall, by rule, establish requirements governing the use and operation of Oregon University System motor vehicles.

(11) Hire or retain attorneys for the provision of legal services, including but not limited to general advice, representation in litigation and representation in appellate matters. The State Board of Higher Education shall reimburse the State Treasurer for legal fees incurred in connection with borrowings done at the request of the Oregon University System. [Amended by 1959 c.570 1; 1975 c.771 31a; 1985 c.443 6; 1989 c.966 33; 2001 c.453 2; 2003 c.674 6; 2009 c.762 6; 2011 c.637 36]