ORS Chapter 270 - Oregon Statutes

TITLE 25

PUBLIC LANDS

 

Chapter     270.     StateReal Property

                  271.     Useand Disposition of Public Lands Generally; Easements

                  272.     FederalLands

                  273.     StateLands Generally

                  274.     Submersibleand Submerged Lands

                  275.     CountyLands _______________

 

Chapter 270 — StateReal Property

 

2009 EDITION

 

 

STATEREAL PROPERTY

 

PUBLICLANDS

 

GENERALPROVISIONS

 

270.005     Definitions

 

270.010     Policy

 

270.015     Effectof ORS 270.005 to 270.190; agency rules

 

270.020     Titleto property

 

270.025     Agreementswith United States Government for electrical and other transmission lines;effect on rights of private property owners

 

TRANSFERPROCEDURES

 

270.100     Noticeto department before sale of real property; rules; procedures; restrictions onfinal disposition

 

270.105     Proceduresbefore terminal disposition of real property

 

270.110     Dispositionof property not needed for public use; lease approval by department

 

270.120     Advisorycommittee; membership; officers; compensation and expenses; duties

 

270.130     Publicationof notice of sale

 

270.135     Decisionof state agency on proposal for sale of property

 

270.140     Actionif no satisfactory proposal received

 

MANAGEMENT

 

270.150     Proceedsof sale of real property

 

270.155     Agreementsfor management of state real property; reimbursement for costs

 

270.165     Grantsof easements in public interest

 

270.180     Inventoryof state-owned real property; status information reports; periodic revision;rules

 

270.190     Dispositionof operating fund revenues

 

GENERALPROVISIONS

 

      270.005Definitions.For purposes of ORS 184.634, 270.005 to 270.015, 270.100 to 270.190, 273.416,273.426 to 273.436 and 273.551:

      (1)“Department” means the Oregon Department of Administrative Services.

      (2)“Improvements” means any and all structures on or attachments to state-ownedreal property, but excluding public improvements as defined in ORS 279A.010.

      (3)“Real property” means all real property together with any and all improvementsthereon.

      (4)“Surplus real property” means all state-owned real property and improvementssurplus to agency and state need. [1991 c.816 §3; 1993 c.500 §11; 1997 c.685 §5;1999 c.314 §79; 2003 c.794 §224]

 

      270.010Policy.(1) It shall be the policy of the State of Oregon to hold in state ownership nomore state-owned real property than is necessary to conduct official business,with allowance for reasonably foreseeable demands of the future. Theacquisition, sale, exchange, lease, retention and management of state-ownedreal property shall be subject to a statewide plan that will encourage thetransfer through sale or lease of state-owned real property already in stateownership to private ownership and use so as to minimize state investment insuch land and place such land on the tax rolls.

      (2)In transferring state-owned real property through sale or lease, to the extentconsistent with applicable trust responsibilities, the state policy shall be togive right of first refusal to purchase in the following order:

      (a)To the lessee of the land.

      (b)Where the intended activity or use is similar to that of adjacent propertieswithin the region:

      (A)To adjacent landowners.

      (B)To residents within the region.

      (C)To persons outside the region. [1991 c.816 §2; 1995 c.589 §1]

 

      270.015Effect of ORS 270.005 to 270.190; agency rules. (1) The powergranted by ORS 184.634, 270.005 to 270.015, 270.100 to 270.190, 273.416,273.426 to 273.436 and 273.551 is vested in the State of Oregon. The power isself-operating, without the necessity of further legislation.

      (2)In carrying out the provisions of ORS 184.634, 270.005 to 270.015, 270.100 to270.190, 273.416, 273.426 to 273.436 and 273.551, the state shall act by andthrough its duly constituted board, commission or agency. The state by statuteor through its respective board, commission or agency may provide rules necessaryin carrying out the provisions of ORS 184.634, 270.005 to 270.015, 270.100 to270.190, 273.416, 273.426 to 273.436 and 273.551. [1991 c.816 §4; 1999 c.314 §80]

 

      270.020Title to property.Title to any parcel of land held by a state agency shall be in the name of thestate, by and through the state agency controlling the parcel. [Formerly273.195]

 

      270.025Agreements with United States Government for electrical and other transmissionlines; effect on rights of private property owners. The State of Oregonmay enter into agreements with the United States or any agency thereof,relative to the conditions for and places where electrical and othertransmission lines may be placed and maintained across any property owned orcontrolled by the state, which agreements may be in perpetuity or for suchlength of time as may be specified. However, no such agreement shall affect theconstitutional rights of any owners of private property who do not jointherein. [Formerly 273.461]

 

TRANSFERPROCEDURES

 

      270.100Notice to department before sale of real property; rules; procedures; restrictionson final disposition.(1)(a) Before offering for sale any real property or equitable interest thereinowned by the state, the state agency acting for the state in such transactionshall report its intent of sale or transfer to the Oregon Department ofAdministrative Services. The department, or the agency specifically designatedby the department, shall notify other state agencies authorized to own realproperty of the intended sale or transfer to determine whether acquisition ofthe real property or interest therein would be advantageous to another stateagency.

      (b)The department shall give political subdivisions, as defined in ORS 271.005,the first opportunity after other state agencies to acquire, purchase, exchangeor lease real property to be sold or disposed of by the State of Oregon. Thestate agency responsible for selling or transferring the property may requireat the time of the sale or transfer that any state real property sold ortransferred to a political subdivision, as defined in ORS 271.005, shall be foruse for a public purpose or benefit, and not be for resale to a privatepurchaser.

      (c)If property is not disposed of under paragraph (a) or (b) of this subsection,in accordance with rules adopted by the department, the state agency desiringto sell or transfer the property shall cause it to be appraised by one or morecompetent and experienced appraisers. Except as provided in ORS 273.825, ifsuch property has an appraised value exceeding $5,000 it shall not be sold toany private person except after notice calling for such proposals as set forthin ORS 270.130.

      (d)The department shall adopt rules to carry out the provisions of this section.

      (2)Before acquisition of any real property or interest therein by any stateagency, except for highway right of way acquired by the Department ofTransportation and park properties acquired by the State Parks and RecreationDepartment and property within the approved projected campus boundaries forinstitutions of the Oregon University System, the state agency shall report itsintent of acquisition to the Oregon Department of Administrative Services. Thedepartment shall notify other state agencies owning land of the intendedacquisition to determine whether another state agency desires to sell ortransfer property which would meet the needs of the purchasing agency. Inaccordance with rules adopted by the Oregon Department of AdministrativeServices, if no other state agency desires to sell or transfer property whichwould meet the needs of the agency, the agency may acquire the real property orinterest therein, consistent with applicable provisions of law.

      (3)Before any terminal disposition of real property or an interest in realproperty, the state agency acting for the state in the transaction must secureapproval of the transaction from the Oregon Department of AdministrativeServices.

      (4)Subsection (3) of this section does not apply to terminal disposition of the followingreal property:

      (a)Property controlled by the State Department of Fish and Wildlife;

      (b)State forestlands controlled by the State Forestry Department;

      (c)Property controlled by the Department of Transportation;

      (d)Property controlled by the Department of State Lands;

      (e)Property controlled by the Oregon University System;

      (f)Property controlled by the legislative or judicial branches of stategovernment; and

      (g)Property controlled by the State Parks and Recreation Department.

      (5)Notwithstanding the provisions of subsection (4) of this section, priorapproval by the Oregon Department of Administrative Services is required forthe terminal disposition of public land for less than the fair market value ofthat land.

      (6)The provisions of ORS 184.634, 270.005 to 270.015, 270.100 to 270.190, 273.416,273.426 to 273.436, 273.551 and 308A.709 (1) to (4) do not apply to a home orfarm acquired, sold, or both, by the Department of Veterans’ Affairs under ORS88.720, 273.388, 406.050, 407.135, 407.145, 407.375 and 407.377. [1991 c.816 §6;1999 c.314 §81; 2005 c.625 §64; 2009 c.762 §50]

 

      270.105Procedures before terminal disposition of real property. Before a stateagency terminally disposes of real property to other than another state agency,the disposing agency shall:

      (1)If the value of the real property is $100,000 or less, consider all the valuesof the property to the people of this state, including values for fish andwildlife habitat and public access to other real property; or

      (2)If the value of the real property is greater than $100,000, invite publiccomment on and consider all the values of the property to the people of thisstate, including values for fish and wildlife habitat and public access toother property. [1991 c.816 §21]

 

      270.110Disposition of property not needed for public use; lease approval bydepartment.(1) Except as provided in subsection (2) of this section, whenever the state orany agency thereof possesses or controls real property not needed for publicuse, or whenever the public interest may be furthered, the state or its agencymay sell, exchange, convey or lease for any period not exceeding 99 years allor any part of its interest in the property to or with the state or anypolitical subdivision of the state or the United States or any agency thereofor private individual or corporation. Except where the state is exchanging realproperty, the consideration for the transfer or lease may be cash or realproperty, or both.

      (2)If the ownership, right or title of the state to any real property set apart bydeed, will or otherwise for a burial ground or cemetery, or for the purpose ofinterring the remains of deceased persons, is limited or qualified or the useof such real property is restricted, whether by dedication or otherwise, thestate or its agency may, after first declaring by resolution that such realproperty is not needed for public use, or that the sale, exchange, conveyanceor lease thereof will further the public interest, file a complaint in the circuitcourt for the county in which such real property is located against all personsclaiming any right, title or interest in such real property, whether theinterest be contingent, conditional or otherwise, for authority to sell,exchange, convey or lease all or any part of such real property. The resolutionis prima facie evidence that such real property is not needed for public use,or that the sale, exchange, conveyance or lease will further the publicinterest. The action shall be commenced and prosecuted to final determinationin the same manner as an action not triable by right to a jury. The complaintshall contain a description of such real property, a statement of the nature ofthe restrictions, qualifications or limitations, and a statement that thedefendants claim some interest therein. The court shall make such judgment asit shall deem proper, taking into consideration the limitations, qualificationsor restrictions, the resolution and all other matters pertinent thereto.Neither costs nor disbursements may be recovered against any defendant.

      (3)The authority to lease property granted by this section includes authority tolease property not owned or controlled by the state at the time of enteringinto the lease. Such lease shall be conditioned upon the subsequent acquisitionof the interest covered by the lease.

      (4)Any lease of state real property exceeding five years must be approved inadvance by the Oregon Department of Administrative Services, except for leases:

      (a)Negotiated by the Oregon Department of Aviation;

      (b)Of state forestlands;

      (c)Of property controlled by the Department of State Lands, Department ofTransportation or Oregon University System; or

      (d)Of property controlled by the legislative or judicial branches of state government.[1991 c.816 §5; 1999 c.935 §25; 2005 c.15 §1; 2009 c.762 §51]

 

      270.120Advisory committee; membership; officers; compensation and expenses; duties. (1) Inexercising certain of its functions under ORS 184.634, 270.005 to 270.015,270.100 to 270.190, 273.416, 273.426 to 273.436 and 273.551, the OregonDepartment of Administrative Services shall be advised by an advisory committeeconsisting of seven members appointed by the Governor.

      (2)The advisory committee appointed under subsection (1) of this section shallconsist of two members of the Legislative Assembly, one real estate licenseeunder ORS 696.020, two persons who serve in the executive branch of stategovernment, one person qualified as a land use planner, and one personqualified as a real estate management expert.

      (3)Members of the advisory committee shall meet at such times and places and electsuch officers and make such rules for the conduct of committee business as thecommittee may specify.

      (4)Members of the advisory committee who are not members of the LegislativeAssembly are entitled to compensation under ORS 292.495. Members of theadvisory committee who are members of the Legislative Assembly shall be paidcompensation and expense reimbursement as provided in ORS 171.072, payable fromfunds appropriated to the Legislative Assembly.

      (5)Expenses of the committee shall be paid from funds appropriated to thedepartment to carry out subsection (6) of this section.

      (6)(a)The advisory committee shall advise the department on the acquisition, exchangeor disposal of real property valued at $100,000 or more.

      (b)The department may request the advice of the committee involving any realproperty transaction valued less than $100,000. [Formerly 273.655; 1997 c.632 §2;1999 c.314 §82; 2007 c.319 §27]

 

      270.130Publication of notice of sale. The state agency acting for the statein the transaction shall give the notice of the proposed sale not less thanonce a week for three successive weeks by publication in one or more newspapersof general circulation in the county in which such real property is situated,and in such other newspapers, if any, as the agency considers advisable. Thenotice shall describe generally and by legal subdivision such property and theasking price. The state agency shall reserve the right to accept or reject anyproposal. [1991 c.816 §7]

 

      270.135Decision of state agency on proposal for sale of property. The decision ofthe state agency on the question of the most advantageous proposal for realproperty to be sold, shall be final and conclusive, and shall not be subject toreview by any court. [1991 c.816 §11; 2009 c.481 §1]

 

      270.140Action if no satisfactory proposal received. If the provisions of ORS270.100, 270.110 and 270.130 have been complied with as to propertyadministered by it and no satisfactory proposal has been received, the stateagency may, at any time during a period of 18 months after the advertised dateof sale, sell such property in such manner as it considers appropriate,including such commercially reasonable means as through a real estate licenseeas set forth in ORS 696.007. [1991 c.816 §9]

 

MANAGEMENT

 

      270.150Proceeds of sale of real property. (1) The proceeds, less costs, of anyreal property sold by the Oregon Department of Administrative Services underORS 270.100, 270.110 and 270.130 may be credited to and deposited in theCapital Projects Fund established by ORS 276.005 or the Trust for CulturalDevelopment Account established in ORS 359.405.

      (2)The proceeds of any real property sold by a state agency under ORS 270.100 and270.110 may be credited to and deposited in the Trust for Cultural DevelopmentAccount. If the proceeds are credited to and deposited in the account, a stateagency may retain from the proceeds the costs of selling the real property andthe amount originally paid by the state agency when the state agency acquiredthe real property.

      (3)The revenue from the rental or lease of surplus real property managed by thedepartment shall be deposited in the State Treasury to the credit of theoperating fund established by ORS 283.076.

      (4)Notwithstanding the provisions of subsection (1) or (2) of this section, anagency may negotiate with the department to apply the proceeds of a sale,transfer or lease of such surplus real property to another capital acquisitionof that agency. [1991 c.816 §10; 2001 c.954 §29]

 

      270.155Agreements for management of state real property; reimbursement for costs. In addition toauthority granted to the Oregon Department of Administrative Services under ORS184.634, 270.005 to 270.015, 270.100 to 270.190, 273.416, 273.426 to 273.436and 273.551, the department, pursuant to an agreement under ORS 190.110, mayundertake the management of any real property, and improvements thereon, thatis the property of or within the management jurisdiction of any state agency.Reimbursement of department costs shall be made subject to terms of theagreement. [Formerly 273.695; 1999 c.314 §83]

 

      270.165Grants of easements in public interest. The Oregon Department of AdministrativeServices acting on behalf of the State of Oregon may grant an easement or rightof way on any real property under its control if the department determines thatthe easement or right of way would be in the public interest. [Formerly 273.639]

 

      270.180Inventory of state-owned real property; status information reports; periodicrevision; rules.(1) The Oregon Department of Administrative Services shall maintain and keepcurrent an inventory of all state-owned real property and shall classify allsuch property on the basis of current use, value, idle or surplus to agencyneed. The department shall establish categories of real property necessary formanagement of state-owned real property. Land owning agencies shall providestatus information, as requested by the department, of agency owned land forthe department to carry out its clearinghouse function.

      (2)On or before October 1 of each even-numbered year, a state agency shall submitto the department a revised and updated inventory of any surplus real propertythat it owns. The inventory shall list separately any surplus real propertylocated within an urban growth boundary.

      (3)The department may apportion to each state agency owning real property itscontribution to reimburse the department for the costs incurred in maintainingthe real property inventory set forth in subsections (1) and (2) of thissection.

      (4)Contributions apportioned by the department under subsection (3) of thissection are continuously appropriated to the department to reimburse it for itscosts incurred in maintaining the real property inventory.

      (5)The department shall adopt rules to assess state land owning agencies foradministration of the state lands management program. [Formerly 273.675]

 

      270.190Disposition of operating fund revenues. At the end of each biennium, the OregonDepartment of Administrative Services shall transfer from the Oregon Departmentof Administrative Services Operating Fund to the Capital Projects Fundestablished by ORS 276.005 all revenue from the rental or lease of propertydescribed in ORS 270.150 not expended for administration, taxes, repairs orimprovements. [Formerly 273.628; 1993 c.500 §12]

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