141-123-0060 Compensation (1) Except as provided in OAR 141-123-0060(11) and (12), the Department will, prior to granting an easement, require an applicant not otherwise exempt under OAR 141-123-0060(6) or as provided in OAR 141-123-0060(10) to submit to the Department a compensatory payment for each individual crossing or use of state-owned land in an amount equal to the greatest of: (a) For submerged and submersible lands, compensation is based on 33 1/3 percent of the market value of the adjacent riparian tax lots for uses described in OAR 141-123-0010(2) and (3). Market value is either: (A) An appraised value that is acceptable to the Department; or (B) The Real Market value of the adjacent riparian tax lots. (b) $500; or (c) The highest Comparative Compensatory Payment. (2) For all single-use easements on, over, above, or below state submersible or submerged lands, the value per square feet derived from the real market value of the adjacent riparian tax lot(s) shall not exceed the Maximum Value per Square Foot. The Statewide Maximum Value Per Square Foot is $11.93 starting July 1, 2018, and shall increase each year on July 1st by three percent. (3) For all multiple-use easements on, over, above, or below state submersible or submerged lands, compensation is based upon the real market value of the adjacent riparian tax lot(s) and is not limited by the Statewide Maximum Value per Square Foot. (4) For each new individual use, proposed to be embedded in existing conduit authorized by the Department prior to January 1, 2019, compensation is required and the Statewide Maximum Value per Square Foot shall apply. (5) For each new individual use, proposed to be embedded in existing conduit authorized by the Department after January 1, 2019, no additional compensation is required. (6) The following types of easements located on Non-Trust Land are exempt from the mandatory compensatory payment to the Department specified in OAR 141-123-0060(1): (a) State and county-owned bridges located outside of city limits. (b) Gas, electric and communication line easements located outside of city limits, as allowed by ORS 758.010. (c) Water ditches; water supply pipes; and water supply mains up to a maximum width of 25 feet on each side of the center line, as allowed by ORS 273.761. (d) Sanitary pressure mains and storm water pipes and storm water outfalls up to a maximum width of 25 feet on each side of the center line, as allowed by ORS 273.761. (e) Any structure or facility necessary for the use of water crossing or situated on state-owned submersible land, as allowed by ORS 274.040(3) if: (A) The withdrawal is authorized by a valid right to use the water; and (B) The water is used exclusively for irrigation or domestic use. (7) There is granted to all persons constructing railways built after February 21, 1891, within the boundaries of the state, and to their successors and assigns as allowed by ORS 273.751: (a) A right of way through any unimproved state lands, of the width of 100 feet, being 50 feet in width on each side of the center line of the road. (b) All necessary grounds for stations, depots, shops, side tracks, turntables and water stations, not exceeding 10 acres in any one place, upon payment to the state of the sum therefor as fixed by the Department of State Lands. (c) The right to take, from the lands of this state adjacent to the route lines of the road, material necessary for the construction of the roads. (d) The right to construct and maintain railroad bridges over any navigable waters in this state. All bridges crossing navigable waters shall be subject to such regulations, restrictions and compensation as may be fixed by the department and shall be so constructed as not unnecessarily to interfere with navigation. (8) Compensatory payments shall be required at the rate specified in OAR 141-123-0060(1) for that part of an easement for the uses specified in OAR 141-123-0060(2) and (3) which exceeds the maximum widths or acreages indicated, or occurs on: (a) Trust Land (under OAR 141-122), or (b) Other land not exempt from a mandatory compensatory payment. (9) If required by the Department, applicants must also submit to the Department a payment in an amount to be determined by the Department for the fair market value of any commercially valuable timber, sand and gravel, or other natural resources in the easement area which must be removed during or after placement of the proposed use, or which cannot be developed because of the easement use. Such payment shall be due at a date to be determined by the Department. (10) The Department may, in lieu of a cash compensatory payment, negotiate a non-cash compensatory payment equivalent to or greater than the compensation required under OAR 141-123-0060(1). (11) Notwithstanding the provisions of OAR 141-123-0060(1), for state, county and city-owned bridges crossing a state-owned waterway on Non-Trust Land, the required compensation will be: (a) No compensation for a 30-year easement if none of the bridges listed on a single county application submitted by either the Oregon Department of Transportation or any county is located within a city. (b) $100 for a 30-year easement if any bridge listed on a single county application submitted by either the Oregon Department of Transportation or any county is located within a city. (c) $100 for a permanent easement for each state, county or city-owned bridge crossing state-owned land if it is located in a city. (12) Notwithstanding the provisions of OAR 141-123-0060(1), for People’s Utility Districts (PUD) structures crossing a state-owned waterway on Non-Trust Land, the required compensation will be: (a) No compensation for a 30-year easement if the structures are not located within a city. (b) $100 for a 30-year easement if the structures are located within a city. (13) If in the process of calculating compensation, the assessed value is found to be depressed due to the presence of hazardous substances or some other extenuating circumstance(s) as determined by the Department, another comparable upland tax lot shall be selected by the Department as the basis for calculating the compensation. The applicant may suggest a comparable tax lot or may appeal the Department's selection to the Director. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.761, 274.040, 274.720, 376.620, 530.050, 530.490 & 758.010 History: DSL 1-2019, adopt filed 01/08/2019, effective 01/08/2019