2013 Oregon Revised Statutes
Volume : 09 - Education and Culture
Chapter 346 - Programs for Persons Who Are Blind or Deaf
Section 346.047 - Authority of state board to hold property.

The State Board of Education may receive, take and hold property, both real and personal for the school operated under ORS 346.010 and may sell, transfer, assign, allot, set over or convey the property pursuant to legislative authority. [1971 c.301 §9; 1989 c.491 §56; 2007 c.858 §79; 2009 c.562 §32]

Note: Section 28, chapter 722, Oregon Laws 2013, provides:

Sec. 28. Lease or sale of the Oregon School for the Deaf. (1) The Oregon Department of Administrative Services and the Department of Education shall study whether a lease or sale of a portion of the real property owned by the Department of Education known as the Oregon School for the Deaf would benefit the school. The study must determine the fair market value of a lease or sale of a portion of the real property and how the proceeds from a lease or sale transaction would benefit the school.

(2) If, based on the study under subsection (1) of this section, the Superintendent of Public Instruction determines that the lease or sale of a portion of the real property would benefit the school, the superintendent may order a change in the purpose and use of the real property under ORS 346.010 and may lease or sell a portion of the real property. The proceeds of the lease or sale must benefit the school.

(3) If the superintendent orders a change in the purpose and use of the real property that requires a sale of the real property described in the order, the Oregon Department of Administrative Services, in consultation with the Department of Education, shall develop a plan for the sale of the real property. The Oregon Department of Administrative Services shall present the plan at a meeting of the Capitol Planning Commission. The commission shall provide an opportunity for public review of and comment on the plan at that meeting.

(4) Notwithstanding ORS 270.100 to 270.190, the Oregon Department of Administrative Services shall sell the real property described in the order of the superintendent in a manner consistent with this section. The Oregon Department of Administrative Services may engage the services of a licensed real estate broker or principal real estate broker to facilitate the sale of the real property.

(5) The Oregon Department of Administrative Services shall determine the sale price of the real property described in the order of the superintendent. The sale price must equal or exceed the fair market value of the real property.

(6)(a) The Oregon Department of Administrative Services shall retain from the sale of the real property the costs incurred by the state in selling the real property, including the costs incurred by the Department of Education and the Oregon Department of Administrative Services in transferring the real property.

(b) The Oregon Department of Administrative Services and the Department of Education shall be reimbursed for any costs described in paragraph (a) of this subsection from the amount retained as provided by paragraph (a) of this subsection.

(c) After the reimbursement described in paragraph (b) of this subsection, the Oregon Department of Administrative Services shall transfer the remaining proceeds from the sale of the real property to the Department of Education for the benefit of the Oregon School for the Deaf.

(7) Nothing in this section may be construed as authorizing the sale of the entire property or the closure of the Oregon School for the Deaf. [2013 c.722 §28]