justicedao/ipfs_state_laws huggingface dataset:
141-067-0170 Land Exchanges (1) Except as provided in OAR 141-067-0300 or as limited by 141-067-0155, the Department may exchange any lands or interests in lands for any other lands to meet objectives of the Asset Management Plan or the South Slough National Estuarine Research Reserve Management Plan. Exchanges shall be made on the basis of value. The Department may accept a monetary payment or reserve rights as part of the consideration to the extent required for a fair transaction. (2) The Department may initiate a land exchange without requiring that an application be submitted. (3) Any person, eligible to do so, may submit an application to the Department to initiate a land exchange. The application must be submitted on a form provided by the Department. (4) The Department will notify the lessee, if any, by registered or certified mail and the applicant of receipt of the land exchange application. Within a reasonable time after receipt of the land exchange application, the Director will conduct an initial review of the application and determine the action to be taken including but not be limited to: (a) Rejecting the application. A rejected application shall be returned to the applicant with the reasons for its rejection clearly stated. The lessee, if any, will also be notified. An additional non-refundable application fee will not be required for an application that is resubmitted within 120 calendar days of its rejection. (b) Accepting the application for further processing; or (c) Requesting more information. (5) Following initial review and acceptance of the application, the Department will: (a) Complete a Land Disposal Evaluation and Land Acquisition Evaluation of the lands involved in the exchange; (b) Initiate the applicable elements of the public interest review process. (6) If the Director determines to proceed with the land exchange proposal, the Department will negotiate a Land Exchange Agreement with the applicant. The State Land Board shall approve the Land Exchange Agreement. (7) The Department may group together similar land exchange applications for more efficient processing. The willingness of applicants or other interested parties to pay for or share in the cost of appraisals, surveys, public notices or other expenses may be a factor in the Department’s prioritization of land exchange proposals. Statutory/Other Authority: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 Statutes/Other Implemented: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 History: DSL 2-2017, f. & cert. ef. 1-12-17 DSL 2-2016, f. 5-13-16, cert. ef. 6-1-16 DSL 6-2009, f. & cert. ef. 7-1-09 DSL 2-2002, f. 4-12-02, cert. ef. 7-1-02
141-067-0190 Compliance with the Department of Administrative Service (DAS) Rules for the Disposition and Acquisition of Real Property (1) Before acquiring any land by purchase or exchange or selling or exchanging any land or interests in land, the Department will notify the Department of Administrative Services Facilities Division (DAS) on an approved form. DAS will notify all state agencies and political subdivisions of the anticipated transaction. (2) The Department will seek certification of these rules (OAR 141-067) as permitted by 125-045-0210. Statutory/Other Authority: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 Statutes/Other Implemented: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 History: DSL 6-2009, f. & cert. ef. 7-1-09 DSL 2-2002, f. 4-12-02, cert. ef. 7-1-02
141-067-0195 Resolving Ownership of Formerly Submerged and Submersible Lands (1) Any person interested in resolving ownership of formerly submerged and submersible lands may meet with the Department to discuss the facts concerning the creation and ownership of the lands in question. (2) Based on the facts presented, as well as the Department’s own investigation, the Department may do the following: (a) Agree that the Department has no interest in the formerly submerged or submersible land; (b) Determine who is entitled to purchase the formerly submerged or submersible land under these rules; (c) Enter into litigation to resolve the ownership issue, including but not limited to a suit to quiet title; (d) Enter into negotiation in lieu of litigation with the person to resolve the ownership question; (e) Request more information from the landowner or person; or (f) Pursue other actions aimed at resolving the ownership question. (3) Factors the Department may weigh in determining its course of action include but are not limited to: (a) The chronological history of the creation of the formerly submerged or submersible land; (b) The identity of the person(s) who created the formerly submerged or submersible land; (c) The past actions of the Department regarding the sale of submersible lands; (d) The identity of the current riparian owner; (e) The cause for the change in the location of the waterway; and (f) The relative strength of the Department’s ownership claim. Statutory/Other Authority: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 Statutes/Other Implemented: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 History: DSL 2-2017, f. & cert. ef. 1-12-17 DSL 2-2016, f. 5-13-16, cert. ef. 6-1-16 DSL 6-2009, f. & cert. ef. 7-1-09
141-067-0215 Sale of Submerged and Submersible Lands (1) Any person may submit an application to purchase submerged and submersible land. The application must be submitted on a form provided by the Department. A non-refundable application fee in the amount shown in OAR 141-067-0165 must be included with the application. (2) The sale of submerged lands is limited to lands subject to remedial environmental action pursuant to a plan approved by DEQ or EPA. (3) Applications will be processed in accordance with the applicable provisions of OAR 141-067-0220 and 141-067-0155. (4) The applicant will be required to acknowledge the character of the land being applied for and the title interest in the land held by the Department. Further, the applicant must waive all claims against the State, including but not limited to claims for the return of the purchase price, if all or part of the land are determined to not belong to the Department. (5) Following notice that the land is available for sale, the applicant, at their own expense, shall have a survey of the land prepared. The survey must: (a) Be prepared by a registered land surveyor approved by the Department in writing before the start of the survey work; (b) Connect and conform to adjacent surveys acceptable to the Department, to the extent reasonably practicable; and (c) Be notarized and submitted to the Department along with a hard copy map that is also notarized and electronic file in a format of the Department’s choosing. Statutory/Other Authority: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 Statutes/Other Implemented: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - RS 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 History: DSL 2-2017, f. & cert. ef. 1-12-17 DSL 2-2016, f. 5-13-16, cert. ef. 6-1-16 DSL 6-2009, f. & cert. ef. 7-1-09
141-067-0230 Sale Procedures for Rangelands/Common School Grazing Lands (1) After rangeland is determined to be "available for sale" as described in OAR 141-067-0220, if a forage lessee of the land has not already done so, the forage lessee may apply, on a form prescribed by the Department, to purchase the lands. (2) A forage lessee is qualified to purchase rangeland it leases if the forage lessee meets all of the following requirements: (a) The forage lessee is an individual person; (b) The forage lessee is a resident of Oregon; and (c) The forage lessee owns, in fee simple, land immediately adjacent to the land classified as "available for sale" (lands are considered to be adjacent if their boundaries are common or intersect at a common point); and (A) The forage lessee is in compliance with all lease terms and conditions; or (B) The forage lease affords the lessee an opportunity to purchase the leasehold. (3) Based on the forage lessee's representation of eligibility as shown on the application form, the Director will certify that the forage lessee is qualified to purchase rangeland under OAR 141-067-0230(2). The Department will promptly notify the forage lessee of the Director's decision by registered or certified mail. The Director will advise the forage lessee of deficiencies in the event the forage lessee is not certified as eligible in the land sale process as described in 141-067-0230(2). (4) If a qualified eligible forage lessee does not respond to the Department 's notice as described in OAR 141-067-0220(4) within 90 calendar days of the sending date of the registered or certified mail notice, then the forage lessee will be ineligible to participate in the land sale process described in 141-067-0270(2)(e). Statutory/Other Authority: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 Statutes/Other Implemented: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 History: DSL 6-2009, f. & cert. ef. 7-1-09 DSL 2-2002, f. 4-12-02, cert. ef. 7-1-02
141-067-0250 Type of Deed; Payments for Land Purchases; Contracts; Default Issuance of Deed; Certificates of Sale; Assignments; Recording (1) The Department will offer the type of deed (for example: quitclaim deed or bargain and sale deed) it deems to be the most legally defensible and best represents the known rights and interests held by the State Land Board in the land or interest in land being conveyed in the transaction. (2) The Department may impose additional requirements or conditions on the issuance of the deed, including but not limited to indemnification of and waiver of claims against the Department and State of Oregon. (3) When the land sale or land exchange process has been completed, including the payment of the purchase price or fulfillment of the terms of the land sale or land exchange agreement, the Director will execute and deliver to the purchaser a deed in a manner and form prescribed by these rules. The Department may choose to conduct closing through an escrow agent. (4) When a purchaser of land (other than rangeland) desires to make payments in installments the Department or its agent shall, upon receipt of one-fifth or 20 percent of the purchase price of the land, deliver to the purchaser a certificate that the purchaser has contracted to purchase the land. Upon performance under the contract or payment of three-fifths or 60 percent of the purchase price and the receipt and documentation of a note or loan, and upon surrender of the certificate of sale, the purchaser, or their heirs or assigns of the purchaser, shall be issued a deed for the property by the Department or its agent. (5) A purchaser of rangeland deemed eligible under OAR 141-067-0230 must pay at least 10% of the purchase price at the time of purchase, and may then enter into a 10-year land sale contract with the Department to pay the remainder in 10 equal annual installments with the interest rate fixed by the Department in accord with ORS 327.425. (6) All assignments of certificates of sale shall be executed and acknowledged in the same manner as a deed to land or real property. All requests for assignment of certificates shall be in writing. Written consent of the Department is required for any assignment. The Department shall issue the deed to the assignee upon full payment of the purchase price or the remaining balance of the land sale contract, and receipt of the certificate of sale. (7) The Department will record, in the appropriate county office, any and all deeds it receives as a result of a land exchange or purchase. Statutory/Other Authority: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 Statutes/Other Implemented: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 History: DSL 6-2009, f. & cert. ef. 7-1-09 DSL 2-2002, f. 4-12-02, cert. ef. 7-1-02
141-067-0260 Disposition of Funds Received for Trust Land Sales and Funds from Trust Land Exchanges The proceeds of any Trust land sale or from land exchange equalization payments for Trust lands shall be deposited in the land revolving fund of the Common School Fund as established in ORS 273.413, unless directed otherwise by the Director. Statutory/Other Authority: ORS 270.005-190, 273.045, 273.245-247, 273.251-311, 273.316-321, 273.413-456, 274.040, 274.905-940 & 274.960-985 Statutes/Other Implemented: ORS 270.005-190, 273.045, 273.245-247, 273.251-311, 273.316-321, 273.413-456, 274.040, 274.905-940 & 274.960-985 History: DSL 2-2002, f. 4-12-02, cert. ef. 7-1-02
141-067-0330 Procedures for Purchases including Donations of Land or Interests in Land (1) Land or interests in land to be purchased for addition to the South Slough National Estuarine Research Reserve must be approved by the South Slough Commission and the State Land Board. (2) Land or interests in land to be acquired by the Department through either purchase or donation must be approved in advance by the State Land Board and must be consistent with the policies set forth in the Asset Management Plan and OAR 141-067-0140. (3) In acquiring land or interests in land by purchase, the Department will pay an amount equal to the price a prudent purchaser would pay under similar circumstances. Statutory/Other Authority: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 Statutes/Other Implemented: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 History: DSL 6-2009, f. & cert. ef. 7-1-09 DSL 2-2002, f. 4-12-02, cert. ef. 7-1-02
141-067-0340 Appeals Any applicant may request reconsideration of a decision of the Department or the State Land Board relating to 141-067. (1) The request must be received by the Director no later than 30 calendar days after the delivery of the decision. (2) The Director will review the request within 60 calendar days after the date of delivery of the request. (3) The Director may recommend to the State Land Board either that the decision be modified based on the merits of the request, or that the Land Board authorize initiation of a contested case proceeding. (4) There is no opportunity to request reconsideration of a land sale or State land exchange after the transaction has occurred and title has passed from the State of Oregon to the purchaser or land exchange partner. (5) If the Director recommends that the State Land Board initiate a contested case proceeding, the State Land Board will select a hearing officer and proceed pursuant to ORS 183.413 through 183.470. Statutory/Other Authority: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 Statutes/Other Implemented: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 History: DSL 6-2009, f. & cert. ef. 7-1-09 DSL 2-2002, f. 4-12-02, cert. ef. 7-1-02
141-068-0000 Purpose and Applicability These rules: (1) Govern the identification of State’s interest in historically filled lands by the Department of State Lands (Department). (2) Govern the notification process of State’s interest in historically filled lands by the Department. (3) Govern the process to clearing title to historically filled lands and new lands. (4) Govern the sale, exchange and reservation of historically filled lands by the Department. (5) Govern the creation, sale, exchange and reservation of new lands by the Department. (6) Do not govern the land sale or exchange of state-owned trust lands, or mineral and geothermal resource rights as administered in OAR 141-067. (7) Do not govern the issuance of state leases, easements or other local, state or federal permits for historically filled lands and new lands. (8) Do not govern the placement of rip-rap; structures constructed by a drainage or diking district; tidegates; wharves; or other uses of state-owned submerged and submersible lands as administered in OAR 141-082. (9) Do not govern the placement of bridges or other crossings of state-owned submerged and submersible lands as administered in OAR 141-122 or OAR 141-123. (10) Do not govern the removal or fill of material in waters of the state as administered in OAR 141-085. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274.905-274.956 History: DSL 5-2020, minor correction filed 05/12/2020, effective 05/12/2020 DSL 2-2017, f. & cert. ef. 1-12-17 DSL 2-2016, f. 5-13-16, cert. ef. 6-1-16
141-068-0040 Notification of a State Land Board Declaration (1) Following a Board declaration, the Department shall: (a) Post a public notice on the Department’s website; (b) Submit a press release to media in the study area; and (c) Provide notice to affected local, state and federal agencies, state legislators representing the district where the study area is located, any local port district, any local federally recognized tribes, any local watershed councils, national estuary programs and soil and water districts, and other interested persons. (2) The Department shall give notice by registered mail or by certified mail, return receipt requested, to each owner of record of land identified as having a State interest in the property. This notice shall include a copy of the declaration made with respect to the land and a statement informing the owner of record of a point of contact at the Department and options available to the owner of record based on the notice. (3) The notice shall use common description and maps shall be designed to identify the land or waterway in a manner intelligible to the layperson and useful in establishing the exact location of the state claim in relation to existing descriptions. (4) The Department shall record the declaration with the county of record for parcels determined to have a State interest. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274.905-274.956 History: DSL 2-2017, f. & cert. ef. 1-12-17 DSL 2-2016, f. 5-13-16, cert. ef. 6-1-16
141-068-0050 Resolving Ownership of Historically Filled Lands prior to State Land Board declaration and New Lands (1) Notwithstanding the provisions of OAR 141-068-0030 through OAR 141-068-0040, any person with a potential interest in a property that wishes to resolve ownership of historically filled lands prior to declaration (including those lands excluded per OAR 141-068-0020(14)), or new lands may meet with the Department to discuss the facts concerning the creation and ownership of the lands in question. (2) The Department shall charge an investigation fee of $250 if requested to complete a Strength of Claim checklist. The director has the discretion to waive this fee. A waiver must be in writing and explain the rationale for the waiver. (3) The Department shall take the steps listed in OAR 141-068-0030(2) when completing an investigation. (4) The Department shall complete a Strength of Claim checklist that summarizes the findings of the Department’s investigation. (5) Based on the facts presented, as well as the Department’s own investigation, the Department may do the following: (a) Agree that the Department has no interest in the historically filled land and offer to provide a conveyance that clears title to the lands as allowed under these rules; (b) Begin the process to sell or clear title to the historically filled lands as provided under these rules; (c) Enter into litigation to resolve the ownership issue, including but not limited to a suit to quiet title; (d) Enter into negotiation in lieu of litigation with the person to resolve the ownership question; (e) Request more information from the landowner or person; or (f) Pursue other actions aimed at resolving the ownership question. (g) A conveyance issued under OAR 141-068-0050(5)(a) may be carried out by the Director, and does not require further State Land Board approval. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274.905-274.956 History: DSL 2-2017, f. & cert. ef. 1-12-17 DSL 2-2016, f. 5-13-16, cert. ef. 6-1-16
141-068-0060 Land Sale Application Requirements (1) An application to clear title, buy or exchange land subject to these rules must be submitted on a form provided by the Department. (2) Each land sale applicant must submit with the application a correct and concise description of the land(s) involved in the requested transaction. (3) A single application may include multiple contiguous land parcels. (4) The application fee for historically filled land, and existing new lands sales or land exchanges is $500 per application. (5) An application to create new lands under OAR 141-068-0100 shall serve as the application fee to purchase if approved by the State Land Board. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274.905-274.956 History: DSL 2-2017, f. & cert. ef. 1-12-17 DSL 2-2016, f. 5-13-16, cert. ef. 6-1-16