125-045-0221 Clearinghouse Process and Futile Act Determination (1) When engaging in any Subject Transaction, the Transacting Agency must notify the Department in writing. The written declaration must include the following: (a) A completed notice form provided by the Division; (b) A detailed description of the Real Property Interest in question, including its approximate size in square feet or acreage; (c) The reason for the proposed transaction, and any particular requirements of the Agency that the transaction must satisfy; (d) A description of the general or specific location of the Real Property Interest, including a map or maps as appropriate; (e) A signature of an authorized representative of the Transacting Agency; and (f) Any other information the Division may request. (2) Futile Act Determination: The Division may dispense with notice to Agencies and other entities if the Administrator adopts written findings that in the reasoned judgment of the Division, notice to Agencies and other entities would be a futile act. Reasons include but are not limited to: (a) If transaction is an Acquisition, it is unlikely that any State Real Property Interest would meet the Transacting Agency’s needs. For example, the Agency requires additional land at the end of a runway, so only one parcel meets the need; (b) If transaction is a disposition, the State Real Property Interest is only being sold because a person or entity who is an adjacent landowner or tenant has approached the Transacting Agency to acquire the State Real Property Interest; or (c) If transaction is a disposition, the State Real Property Interest is undevelopable due to dimensions, topography, lack of access, or other constraints. (3) The Division will provide written Clearinghouse notices of intended transactions: (a) If transaction is an Acquisition, to all other agencies authorized by statute to own State Real Property Interests. Notice may also be extended to Political Subdivisions within the jurisdiction in the area of the proposed Acquisition, either at Transacting Agency request or Division’s discretion. (b) If a disposition, to all other Agencies authorized by statute to own State Real Property Interests; Political Subdivisions within and including the county of the Subject Transaction; and the following organizations on the condition they develop Affordable Housing on the real property: Indian Tribes and Nonprofit Organizations. (c) To the appropriate Regional Solutions Center office. (4) The Clearinghouse notice will include: (a) The information provided by the Transacting Agency described above; (b) If an Acquisition, a request that recipients give the Division written notice if they control a Real Property Interest which might meet the needs of the Transacting Agency; (c) If a disposition, a request that recipients give the Division written notice if they have an interest in acquiring the subject property. Offer specifics need not be included at this time. (d) A response deadline of 30 calendar days from the date of the Division’s notice, unless the Administrator determines that a longer or shorter notice period is in the State’s best interest. (e) A reservation of the right of the Transacting Agency to reject any offers; (f) If a disposition, notice that a Nonprofit Organization’s or Indian Tribe’s right to negotiate for Acquisition of the State Real Property Interest is subordinate to the right of Agencies to negotiate for Acquisition of the State Real Property Interest, and a Political Subdivision’s right to negotiate for Acquisition of the State Real Property Interest is subordinate to the right of Nonprofit Organizations and Indian Tribes; (g) If a disposition, notice that Nonprofit Organizations and Indian Tribes acquiring under this process are required to use the Real Property Interest for development of Affordable Housing; (h) Notice that responding entities have 60 days from the beginning of negotiations to reach agreement on a pre-purchase agreement or memorandum of understanding. Entities that do not pursue such negotiations and work expeditiously, in good faith, to consummate the transaction may be denied further opportunity to negotiate with the Transacting Agency regarding that Real Property Interest; and (i) Any other information the Transacting Agency and the Division elect to include in the notice. (5) Notice will be provided to Agencies and other entities by at least one of the following methods: (a) Mailed notice by regular first class mail; (b) Electronic mail notice; or (c) Posting notice on the Division’s website. (6) The Division will collect responses from Agencies and other interested parties and forward them to the Transacting Agency at the end of the notice period. The Transacting Agency will contact interested parties to determine if a transaction can be completed and notify DAS when transaction is concluded. The Division has no other role in this process. Statutory/Other Authority: ORS 270.015, 270.100, 270.105, 270.110 & 270.180 Statutes/Other Implemented: ORS 270.015, 270.100, 270.105, 270.110 & 270.180 History: DAS 1-2020, adopt filed 03/03/2020, effective 03/03/2020