justicedao/ipfs_state_laws huggingface dataset:
125-040-0001 Definitions As used in this chapter unless the context requires otherwise: (1) “Department” means the Oregon Department of Administrative Services. (2) “Interagency Mail” means: (a) Mail that is not legally required to bear United States Postage; and (b) Originates from persons employed in some capacity by a state agency; and (c) Concerns official business of a state agency; and (d) Is addressed between state offices, facilities, or agencies. (3) “Regular Interagency Mail” includes standard letter and manila envelopes weighing up to three pounds. Interagency parcels means items deliverable between state agencies, and not exceeding 64 cubic feet and the weight not to exceed 50 pounds. For example, a 64 cubic foot box is 4 feet long by 4 feet wide by 4 feet high. (4) “U.S. Mail” means items which carry U.S. Postal Service postage paid in full on each piece according to its class and weight category. Statutory/Other Authority: ORS 283.140 Statutes/Other Implemented: ORS 283.140 History: DAS 1-2026, amend filed 02/25/2026, effective 03/01/2026 GS 6-1988, f. 12-1-88, cert. ef. 1-1-89
125-040-0005 Mail Services (1) Customers. The Department of Administrative Services provides pick up and delivery of U.S. mail, and interagency mail and parcels for state agencies, as defined in ORS 291.002(8). These services may be extended to local governments by intergovernmental agreement. Private persons and organizations may not use interagency mail and parcel delivery services. (2) Private mail: (a) In compliance with U.S. Postal Service regulations, the department will not accept and deliver mail from private persons and organizations unless the mail carries cancelled U.S. Postal Service postage; (b) Private mail that does not have cancelled U.S. postage will be stamped “Return for Postage” and sent to the United States Post Office. For example, mail delivered by a professional association for direct distribution to state agency employees will be refused without cancelled U.S. postage; (c) Items submitted for interagency mail service may be opened and inspected except for sealed letters. The department reserves the right to refuse any item submitted to the state mail system. Items which may be refused include hazardous toxins, biomedical material, disease germs, explosives, personal mail, negotiable instruments such as bonds, cash, bank deposits or bearer instruments, and mail generated by private organizations without indication of cancelled U.S. postage; (d) Notice of the department’s interagency mail practices will be posted in state mail rooms and pick up and delivery points. Posters are available from the Department of Administrative Services, Enterprise Goods and Services Division, Publishing & Distribution, 550 Airport Road S.E. Ste A, Salem, OR 97301-6084. Telephone 503-373-1700. Statutory/Other Authority: ORS 283.140 Statutes/Other Implemented: ORS 283.140 & ORS 291.002(8) History: DAS 4-2025, minor correction filed 12/17/2025, effective 12/17/2025 GS 6-1988, f. 12-1-88, cert. ef. 1-1-89
125-040-0010 Delivery Disclaimer The department is not responsible for timely delivery of time critical mail. Mail senders assume all risk of delay, loss or destruction of mail submitted to the state mail system. Statutory/Other Authority: ORS 283 History: GS 6-1988, f. 12-1-88, cert. ef. 1-1-89
125-045-0200 Purpose These rules establish the process for agencies to acquire and to sell, transfer, exchange or otherwise dispose of interests in real property. These rules also establish procedures for the operation of the Public Lands Advisory Committee (PLAC) and reimbursement of the costs incurred in carrying out the Clearinghouse Process and maintaining the State Land Inventory System (SLIS). Statutory/Other Authority: ORS 184.340, 270.015 & 270.100 – 270.190 Statutes/Other Implemented: ORS 244.010 & 270.010 History: DAS 1-2020, amend filed 03/03/2020, effective 03/03/2020 DAS 1-2016, f. & cert ef. 1-7-16 DAS 4-2006, f. 5-12-06, cert. ef. 6-1-06
125-045-0210 Alternative Rules for Acquisition and Terminal Disposition by State Agencies (1) These rules apply to all Agencies seeking the Acquisition or Terminal Disposition of a Real Property Interest, with the exception of: (a) The Department of Veterans' Affairs in any transaction for the Acquisition or sale, or both, by the Director of Veterans' Affairs of a home or farm under ORS 88.720, 273.388, 406.050, 407.135, 407.145, 407.375 and 407.377; and (b) Any other Agency subject to constitutional or statutory authority that supersede all or some of these rules. (2) Any Agency subject to a Governing Body may adopt rules for the Acquisition and Terminal Disposition of Real Property Interests. Rules adopted by an Agency will not supersede these rules, however, unless the Agency's rules have been certified by the Division. (3) If an Agency believes that it is exempt from all or a part of these rules due to superseding constitutional or statutory authority, the Agency must, at least 30 days prior to the Acquisition or Terminal Disposition, provide notice to the Division. The notice must include the following information: (a) The specific requirements of these rules from which the Agency claims to be exempt; (b) The constitutional or statutory authority that the Agency believes supersedes these rule(s); and (c) Identification of the Agency's rules and the date they were filed with the Secretary of State. (4) The Division will determine whether the Agency's rules are consistent with ORS 270.005 to 270.140. If the Agency's rules are determined to be consistent, the Division will certify the Agency's rules and will notify the Agency that it may use Agency rules in lieu of these rules. (5) Upon obtaining certification by the Division and after obtaining approval by the Agency's Governing Body, the Agency may acquire and dispose of Real Property Interests in accordance with its certified rules. (6) The Division will maintain a master file of all Agencies whose rules are certified exempt from all or a part of these rules. This master file will include the Agency's request for exempt certification, identification of the filed rules that the Agency will be using and a copy of the Division's written determination. (7) Once certified exempt, an Agency may not use amended rules filed for the Acquisition and Terminal Disposition of Real Property Interests in lieu of these rules until the Agency's amended rules have again been certified exempt by the Division. (8) The Division may, upon 30 days prior notice to the Agency, withdraw its certification of an Agency's rules as a result of a reexamination of Department rules, policies and certifications or an Agency's compliance with its certified rules. In such event, the Agency must thereafter comply with 125-045-0210 through 125-045-0270 until new or amended rules have been certified by the Division. Statutory/Other Authority: ORS 270.015, 270.100(1)(d) & 270.105, 270.110 Statutes/Other Implemented: ORS 270.015, 270.100, 270.105, 270.110 History: DAS 1-2020, amend filed 03/03/2020, effective 03/03/2020 DAS 10-2009, f. & cert. ef. 11-19-09 DAS 4-2006, f. 5-12-06, cert. ef. 6-1-06
125-045-0211 Exempt Agencies and Transactions (1) Exempt Acquiring Agencies do not have to report certain Acquisitions to the Department. The Exempt Acquiring Agencies are: (a) The Department of Transportation, if acquiring highway right of way; (b) The Oregon Parks and Recreation Department, if acquiring park properties; (c) Public universities listed in ORS 352.002, if acquiring properties within approved projected campus boundaries; (d) Any Legislative or judicial branch of the State; (e) The Oregon Health Authority (OHA) or Department of Human Services (DHS) if acquiring residential real property under the Estate Recovery Program Authorized by ORS 410.075, 411.620 and 416.340 including mineral and geothermal rights according to ORS 273.785. (f) The Oregon Housing and Community Services Department for residential real property acquired under ORS 456.515 to 456.725, and 458.480 to 458.490; and (g) The Department of Veterans’ Affairs for a home or farm acquired under ORS 88.720, 406.050, 407.135, 407.145, 407.375 or 407.377. (2) Exempt Disposing Agencies are not required to obtain Department approval for certain Terminal Dispositions unless the selling price is below the Appraised Fair Market Value. The Exempt Disposing Agencies are: (a) The Department of Fish and Wildlife; (b) The Department of Forestry, if disposing of State forestland; (c) The Department of State Lands; (d) The Department of Transportation, if disposing of highway right of way; (e) Public universities listed in ORS 352.002; (f) The Oregon Parks and Recreation Department; (g) Any legislative or judicial branch of the State; (h) The Oregon Health Authority (OHA) or the Department of Human Services (DHS) if disposing of residential real property under the Estate Recovery Program authorized by ORS 410.075, 411.620 and 416.340 including mineral and geothermal rights according to ORS 273.785; (i) The Oregon Housing and Community Services Department if disposing of residential real property acquired under ORS 456.515 to 456.725, and 458.480 to 458.490; and (j) The Department of Veterans’ Affairs if disposing of a home or farm acquired under ORS 88.720, 406.050, 407.135, 407.145, 407.375 or 407.377. (3) These exemptions do not apply to real property transaction reporting to the Department of State Lands, as set forth in ORS 273.099. All deeds and conveyances belonging to the State of Oregon must be documented in the Department of State Lands by providing an electronic copy of the instrument that conveys the real property transaction with the Department of State Lands upon the sale, Acquisition or exchange of any State Real Property Interest. Statutory/Other Authority: ORS 184.634, 270.015, 270.100, 270.105, 270.110 & 273.099 Statutes/Other Implemented: ORS 184.634, 270.015, 270.100, 270.105, 270.110 & 273.099 History: DAS 1-2020, adopt filed 03/03/2020, effective 03/03/2020
125-045-0212 Directed Transactions Directed Transactions may be exempted from the Clearinghouse Process and PLAC review at the discretion of the Administrator. Statutory/Other Authority: ORS 184.634, 270.015, 270.100, 270.105 & 270.110 Statutes/Other Implemented: ORS 184.634, 270.015, 270.100, 270.105 & 270.110 History: DAS 1-2020, adopt filed 03/03/2020, effective 03/03/2020
125-045-0213 Planning for State Real Property Interests (1) Agencies, excepting the Department of State Lands and Department of Transportation, are required by ORS 270.110 (1) to offer for sale properties which are: (a) Within the Urban growth boundary of any city, within an Urban reserve, within a Rural community, or within an Urban unincorporated community; (b) Not being used for public purposes; (c) Not needed for public use within five years of the last date the property was used for public purposes; (d) Not set aside by deed, will, or other restriction for cemetery or burial ground use; and (e) Not otherwise restricted as to use by dedication. (2) Agencies are encouraged to develop strategic plans for their Real Property Interest holdings. Agencies may request assistance from the Division in preparing a strategic plan for their holdings. (3) When an Agency determines that a Real Property Interest is, or will soon be, surplus to its needs, the Agency is strongly encouraged to create a disposition strategy for the property. Agencies may request assistance from the Division in preparing a disposition strategy. The strategy should consider: (a) The Highest and Best Use of the Real Property Interest, consistent with the local planning goals; (b) How the Real Property Interest might be marketed most effectively, given the nature of the interest and likely potential purchasers; (c) How the economic return to the State might be maximized; (d) Whether a Long-Term Lease is desirable; and (e) How to promote the public purpose of increasing housing options for low-income individuals and families in this State as provided in ORS 458.445. Statutory/Other Authority: ORS 270.015, 270.100, 270.110 & 270.120 Statutes/Other Implemented: ORS 270.015, 270.100, 270.110 & 270.120 History: DAS 1-2020, adopt filed 03/03/2020, effective 03/03/2020
125-045-0215 Appraisal and Determination of Value of Real Property Interests (1) Except when the transaction is an Interagency Transaction, or a transaction with the United States Government, the Transacting Agency must determine the value of a Real Property Interest via Appraisal. When transaction is an Interagency Transaction, or a transaction with the United States Government, the Transacting Agency and the other party to the transaction may determine the value as they deem appropriate. (2) If the Real Property Interest has an estimated fair market value of less than $100,000, a Broker Opinion of Value from a licensed real estate professional may substitute for an Appraisal. (3) If the estimated fair market value of the Real Property Interest is $100,000 or more, the Administrator: (a) Must either select or approve the selection of an appraiser by the Disposing Agency; and (b) Must refer the transaction to the PLAC for review and recommendation. (4) Upon written request by an Agency, the Administrator may preapprove the Agency's Appraisal process provided the process is consistent with this rule. (5) Upon written request by an Agency, the Administrator may preapprove the Agency's use of a Directed Appraisal for a particular use. Statutory/Other Authority: ORS 270.015, 270.100 & 270.105 Statutes/Other Implemented: ORS 270.015, 270.100 & 270.105 History: DAS 1-2022, amend filed 02/28/2022, effective 03/01/2022 DAS 1-2020, amend filed 03/03/2020, effective 03/03/2020 DAS 10-2009, f. & cert. ef. 11-19-09 DAS 4-2006, f. 5-12-06, cert. ef. 6-1-06
125-045-0216 Department Approval (1) Prior to any Acquisition or Terminal Disposition of any State Real Property Interest, all Transacting Agencies, unless exempted in 125-045-0211, must obtain the written consent of: (a) The Administrator if the Appraised Fair Market Value is less than $1,000,000; or (b) The Director if the Appraised Fair Market Value is $1,000,000 or more. (2) The Department must request the advice of the PLAC on any real property transaction valued at $100,000 or more. The Department may request the advice of the PLAC on any real property transaction valued less than $100,000. (3) Any Terminal Disposition of a State Real Property Interest for less than 90% of the Appraised Fair Market Value, or any Acquisition of a Real Property Interest for more than 110% of the Appraised Fair Market Value, must be approved by the Director. Transacting Agency must submit a memo explaining and justifying the variance from Appraised Fair Market Value when requesting approval. (4) Prior to entering into any lease exceeding five (5) years, Transacting Agency must be obtain approval in advance by the Administrator, 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 (d) Of property controlled by the Department of Transportation (e) Of property controlled by a public university listed in ORS 352.002; or (f) Of property controlled by the legislative or judicial branches of state government. (5) The authority to lease property granted by this section includes authority to lease property not owned or controlled by the state at the time of entering into the lease. Statutory/Other Authority: ORS 270.100-270.105, 270.110(4) & 270.120(6) Statutes/Other Implemented: ORS 270.100-270.105 & 270.110, 270.120 History: DAS 1-2020, adopt filed 03/03/2020, effective 03/03/2020
125-045-0222 Responses to Clearinghouse Notices (1) If Transacting Agency is unable to agree to terms with any Agency, the Transacting Agency may seek to acquire a Real Property Interest from other private individuals or entities via any commercially accepted practice. (2) If no Agencies respond to a disposition notice, or if the Transacting Agency is not able to reach agreement with any Agency, the following entities may negotiate with the Transacting Agency in the following order: (a) Nonprofit Organizations and Indian Tribes in the order in which they were received; and (b) Political Subdivisions in the order in which they were received. (3) The Transacting Agency must consider any bona fide offers submitted in response to the Clearinghouse notice, but is not required to accept any offer. (4) If two or more Nonprofit Organizations, Indian Tribes or Political Subdivisions make bona fide offers to acquire a State Real Property Interest, the Transacting Agency will decide which, if any, offer to accept. (5) Nonprofit Organizations and Indian Tribes must use the Real Property Interest to develop Affordable Housing. Transacting Agency will include a deed restriction to this effect. Political Subdivisions are not subject to this restriction. (6) The Transacting Agency may place any conditions on the transfer of a State Real Property Interest as described in 125-045-0240, Transfer of Property with Restrictions. (7) The Transacting Agency need not use a competitive bidding process in connection with the Terminal Disposition of a State Real Property Interest to a Nonprofit Organization, Indian Tribe or Political Subdivision. 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
125-045-0230 Right of First Refusal (1) Prior to proceeding with the Transaction Process described in 125-045-0214, the Disposing Agency will determine, with the advice of the Division, whether any party is entitled to a Right of First Refusal. (2) If no contractual Right of First Refusal exists, the Disposing Agency may, in its discretion, grant a Right of First Refusal to the parties described in ORS 270.010(2) via written agreement with the party or parties. (3) Any Right of First Refusal will be governed by the conditions set forth in the agreement. Statutory/Other Authority: ORS 270.010, 270.015(2), 270.100(1)(d) & 270.110, 270.135-270.140 Statutes/Other Implemented: ORS 270.010-270.015, 270.100 & 270.110, 270.135-270.140 History: DAS 1-2020, amend filed 03/03/2020, effective 03/03/2020 DAS 4-2006, f. 5-12-06, cert. ef. 6-1-06
125-045-0240 Transfer of Property with Restrictions (1) If the State’s title to a State Real Property Interest is limited, qualified, or restricted, whether by dedication or otherwise, to use as a burial ground, cemetery, or for the purpose of interring the remains of deceased persons, the Disposing Agency will follow the procedures defined in ORS 270.110(2) prior to transfer of the State Real Property Interest. (2) A Disposing Agency may place Property Restriction(s) on the use of the Real Property Interest sold or otherwise transferred to a Nonprofit Organization, Indian Tribe, or Political Subdivision, including but not limited to requirements that: (a) The Real Property Interest must be used solely for a public purpose or benefit; and (b) The Real Property Interest may not be resold to a private purchaser without the consent of the Division. (3) A Disposing Agency may place Property Restriction(s) on the use of a Real Property Interest without regard to the nature of the acquiring entity. Property Restriction(s) may take the form of a reversionary clause, which requires one or more of the following remedies: Financial consideration, other consideration, or the return of title to the Real Property Interest or a portion thereof to the Disposing Agency. Statutory/Other Authority: ORS 270.015(2), 270.110(2) Statutes/Other Implemented: ORS 270.015, 270.110 History: DAS 1-2020, amend filed 03/03/2020, effective 03/03/2020 DAS 4-2006, f. 5-12-06, cert. ef. 6-1-06
125-045-0250 Public Lands Advisory Committee (1) In exercising its real property management and transaction functions the Department must receive advice from the (PLAC). (2) The PLAC consists of seven members appointed by the Governor according to ORS 270.120. (3) The PLAC meets quarterly or as often as the majority of its members determine. The Department may request that the PLAC meet for the purpose of considering real property transactions, evaluating reports to the legislature, or reviewing status reports of the State Land Inventory System. (4) The PLAC may request that the Department and other Agencies controlling State Real Property Interests update the PLAC on their individual land inventories and processes for evaluating whether property is needed to support an Agency’s mission. (5) PLAC regular meetings are held in Salem. The Division, unless otherwise arranged by PLAC, will determine the meeting location. The Division will: (a) Schedule and announce meeting dates and times; (b) Prepare and distribute meeting agendas; (c) Arrange times for Agency presentations; (d) Review and edit Agency material prior to meetings; (e) Coordinate with Agencies in response to information requests from PLAC; and (f) Prepare and distribute meeting minutes. (6) PLAC members may attend meetings via teleconference, videoconference, or other available technology. (7) PLAC meetings will include an opportunity for public comment on any matter before the PLAC. (8) The PLAC is advisory to the Department and is not a Governing Body as defined in ORS 192.610. Meetings of the PLAC are treated as public meetings and follow the notification and other procedures described in the Attorneys General Public Records and Meetings Manual. (9) Members of the PLAC who are not members of the Legislative Assembly are entitled to compensation and expense reimbursement under ORS 292.495 payable from Department funds. Members of the PLAC who are members of the Legislative Assembly are reimbursed for expenses as provided in ORS 171.072, payable from funds appropriated to the Legislative Assembly. Expenses of the PLAC are paid from Department funds and must be recovered from Agencies as provided in OAR 125-045-0270. Statutory/Other Authority: ORS 171.072, 270.005-270.015, 270.100, 270.120, 270.190 & 292.495 Statutes/Other Implemented: ORS 171.072, 270.005-270.015, 270.100, 270.120, 270.190 & 292.495 History: DAS 1-2020, amend filed 03/03/2020, effective 03/03/2020 DAS 4-2006, f. 5-12-06, cert. ef. 6-1-06
125-045-0255 Procedure for Submitting Property Transactions and Inventory Information for PLAC Review (1) Agencies must provide all information for PLAC review to the Division three weeks before the scheduled PLAC meeting. The Division will review the information provided for completeness. (2) Transacting Agency must provide to the Division key information on each transaction to be reviewed by the PLAC, including: (a) A brief summary of the proposed transaction; (b) The reason for the PLAC review; (c) Background summary information and a list of topics for consideration; and (d) Any supporting documents, maps or photos. (3) The PLAC may request information from Agencies about their Real Property Interest inventories and plans for their portfolios as described in 125-045-0213, Planning for State Real Property Interests. (4) By November 1st of each even numbered year, the Division, or hosting agency will prepare a summary report of the State Land Inventory System, available Surplus Real Property Interests, and State Real Property Interests sold during the current biennium for the PLAC to review. By January 1st of every odd numbered year, the Division will forward the reviewed and finalized report to the Legislature. Statutory/Other Authority: ORS 270.015(2), 270.100(1)(d), 270.120 Statutes/Other Implemented: ORS 270.015, 270.100, 270.120 History: DAS 1-2020, amend filed 03/03/2020, effective 03/03/2020 DAS 4-2006, f. 5-12-06, cert. ef. 6-1-06