ORS Chapter 272 - Oregon Statutes

Chapter 272 — FederalLands

 

2009 EDITION

 

FEDERALLANDS

 

PUBLICLANDS

 

272.010     Powerof United States to acquire title for public improvements by eminent domain

 

272.015     Serviceof process

 

272.020     Conveyanceof site to United States for aid to navigation

 

272.030     Acquisitionof land for federal buildings

 

272.033     FortStevens

 

272.036     OregonCity canal

 

272.040     Acquisitionof land for national forests; retention of jurisdiction for certain purposes

 

272.050     Countygoverning body to approve acquisition for national forest

 

272.060     Federalmigratory bird refuges

 

272.070     CraterLake National Park

 

272.075     SheridanFederal Correctional Institution

 

272.085     FivePercent United States Land Sales Fund; use of moneys

 

      272.010Power of United States to acquire title for public improvements by eminentdomain.Whenever it is necessary for the United States to acquire title to realproperty belonging to an individual or corporation, for the purpose ofconstructing a public improvement authorized by Act of Congress, and suchproperty cannot be purchased from the owner for that purpose, an authorizedagent of the United States may enter upon, examine and select a quantity ofland sufficient for public improvements, and proceed in the mode prescribed inORS chapter 35 to have such property appropriated and the compensation therefordetermined and paid. [Amended by 1967 c.421 §180]

 

      272.015Service of process.All civil or criminal process issued under the authority of this state may beexecuted by the proper officers of this state upon any person amenable to theprocess within the limits of lands acquired by the United States under ORS272.020, 272.030, 272.033 and 272.036 in like manner and to the same effect asif those sections had not been enacted. [1967 c.421 §181]

 

      272.020Conveyance of site to United States for aid to navigation. Whenever theUnited States desires to acquire title to land belonging to this state, andcovered by the navigable waters of the United States, for the site of an aid tonavigation, and application is made by a duly authorized agent of the UnitedStates, describing the site required for such purposes, the Governor may conveythe title to the United States and cede to the United States jurisdiction overthe site, subject to ORS 272.015. However, no single tract shall contain morethan 10 acres. [Amended by 1967 c.421 §182]

 

      272.030Acquisition of land for federal buildings. Consent is given to the UnitedStates to acquire lands for the purpose of erecting thereon any needful publicbuildings, under authority of any Act of Congress. The United States may enterupon and occupy such lands which may be purchased or otherwise acquired, andshall have the right of exclusive jurisdiction over the lands, subject to ORS272.015. [Amended by 1967 c.421 §183]

 

      272.033Fort Stevens.Exclusive jurisdiction is ceded to the United States over the militaryreservation of Fort Stevens, situated on Point Adams, in Clatsop County of thisstate, subject to ORS 272.015. [Formerly 272.080]

 

      272.036Oregon City canal.Consent is given to the United States to acquire the premises and propertydescribed in the preamble of chapter 77, Oregon Laws 1913 (Oregon City canalarea). The United States may enter upon and use and occupy such lands andpremises and shall have the right of exclusive jurisdiction over the lands andpremises, subject to ORS 272.015. [Formerly 272.090]

 

      272.040Acquisition of land for national forests; retention of jurisdiction for certainpurposes.(1) Subject to ORS 272.050, consent is given to the acquisition by the UnitedStates by purchase, gift or condemnation with adequate compensation, of suchlands as in the opinion of the United States may be needed for theestablishment, consolidation and extension of national forests in this stateunder the provisions of the Act of March 1, 1911 (36 Stat. 961), as amended.

      (2)The State of Oregon retains a concurrent jurisdiction with the United States inand over lands so acquired:

      (a)So that civil processes in all cases, and such criminal processes as may issueunder the authority of this state against any person charged with thecommission of any crime without or within such jurisdiction, may be executedthereon in like manner as if this consent had not been granted.

      (b)To tax persons and corporations and their property and transactions on suchlands so acquired.

      (c)For the purpose specified in ORS 376.505 to 376.540, subject, however, to suchmodification as to the detailed location of any right of way as may benecessary to protect the interests of the United States. [Amended by 1967 c.421§186]

 

      272.050County governing body to approve acquisition for national forest. Acquisitionauthorized under ORS 272.040 shall be contingent on the consent of thegoverning body of the county wherein such tract or any portion thereof issituated and such consent must be given by an order duly made and entered inthe records of such governing body and a certified copy thereof transmitted tothe State Forester. [Amended by 1965 c.253 §137; 1989 c.367 §1]

 

      272.060Federal migratory bird refuges. (1) For the purpose of more effectivelycooperating with the United States in the acquisition, development andmaintenance of refuges for migratory wild fowl as provided in the MigratoryBird Conservation Act (45 Stat. 1222, 16 U.S.C. 715 to 715r), as amended,permission is granted to the United States to acquire by purchase, gift orlease, lands and waters which the Secretary of the Interior of the UnitedStates may deem necessary and suitable for the purposes provided in such Act.

      (2)Jurisdiction of the State of Oregon, both civil and criminal, over persons uponareas acquired under this section shall not be affected or changed by reason oftheir acquisition and administration by the United States as migratory birdreservations, except so far as the punishment of offenses against the UnitedStates is concerned.

      (3)Nothing in this section is intended to interfere with the operation of the lawsof the State of Oregon applying to migratory game birds insofar as they do notpermit what is forbidden by federal law. [Amended by 1967 c.421 §187]

 

      272.070Crater Lake National Park. Exclusive jurisdiction is ceded to the UnitedStates over all the territory now or hereafter included in that tract of landset aside by the Act of May 22, 1902 (32 Stat. 202, 16 U.S.C. 121 to 123), asamended, for the purposes of Crater Lake National Park. However, the State ofOregon retains the right to:

      (1)Serve civil or criminal process within the limits of the park in any suits orprosecution for or on account of rights acquired, obligations incurred orcrimes committed in the state but outside of the park.

      (2)Tax persons and corporations, their franchises and property on lands includedin the park. [Amended by 1967 c.421 §188]

 

      272.075Sheridan Federal Correctional Institution. Jurisdiction over the tract ofland included within the limits of the Sheridan Federal CorrectionalInstitution, an area of approximately 189 acres located in the City ofSheridan, Yamhill County, Oregon, is hereby ceded to the United States.However, the State of Oregon reserves concurrent jurisdiction to enforce thecriminal and civil laws of the State of Oregon or its political subdivisionswithin the correctional institution. The State of Oregon also reserves the rightto serve civil or criminal process within the correctional institution in suitsor prosecutions for or on account of rights acquired, obligations incurred, orcrimes committed in the State of Oregon. [1989 c.781 §1]

 

      272.080 [Amended by1967 c.421 §184; renumbered 272.033]

 

      272.085Five Percent United States Land Sales Fund; use of moneys. (1) All fundsreceived from the United States Government by the State of Oregon as fivepercent of the net proceeds of sales of public lands and materials on thoselands located within the State of Oregon, shall upon receipt by the StateTreasurer be credited to a special fund in the State Treasury to be known asthe Five Percent United States Land Sales Fund. This special fund,notwithstanding the provisions of ORS 291.238, is continuously appropriatedincluding interest earned to this special fund except for an amount of 60 centsper county that shall be deducted as a distribution charge. The distributioncharge is in addition to the transaction charge approved for the OregonDepartment of Administrative Services during the budgetary process. Thedepartment shall cause the net amount to be distributed to the counties of thestate on the basis of the average square mile area of each county.

      (2)The moneys distributed to the counties under subsection (1) of this sectionshall be used for the benefit of the public roads and bridges of the recipientcounty.

      (3)The amount of the distribution charges is continuously appropriated to andshall be used to meet expenses incurred by the Oregon Department ofAdministrative Services in administering this section. [1981 c.787 §3; 1985c.787 §1]

 

      272.090 [Amended by1967 c.421 §185; renumbered 272.036]

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