reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.553 - South Slough National Estuarine Research Reserve; agreement between Oregon and federal government; rules.

(1) It is the policy of the State of Oregon to maintain an estuarine research reserve in partnership with the National Oceanic and Atmospheric Administration. The estuarine research reserve management area includes:
(a) Lands acquired as the South Slough Estuary Sanctuary pursuant to chapter 415, Oregon Laws 1975, designated as the South Slough National Estuarine Research Reserve by federal law (P.L. 99-272); and
(b) Lands owned or managed by the Department of State Lands that the department determines contribute to the management policy of subsection (2) of this section.
(2) The management policy for the estuarine research reserve management area is to:
(a) Maintain the integrity of the South Slough National Estuarine Research Reserve;
(b) Protect the reserve from uses and activities, both within and beyond its boundaries, that may alter or affect the ecosystem and its natural dynamic processes; and
(c) Preserve the reserve for long-term scientific and educational uses.
(3) The department acts for the State of Oregon in any transaction respecting the purchase of acreage for the reserve on or after October 4, 1977. The department may acquire lands for the reserve management area.
(4) Except as necessary to achieve the policy set forth in subsection (2) of this section and any standards established in the Coastal Zone Management Act of 1972 (P.L. 92-583) or any rules, regulations or agreements adopted pursuant thereto, the estuarine research reserve management area is open to the public. However, to protect the estuarine ecosystems, public use of the reserve management area may be limited and controlled by the South Slough National Estuarine Research Reserve Management Commission in consultation with any technical management team established pursuant to an agreement between the State of Oregon and the Office for Coastal Management of the National Oceanic and Atmospheric Administration of the United States Department of Commerce. The commission shall adopt rules to carry out the intent of this subsection.
(5) The South Slough National Estuarine Research Reserve Management Commission shall administer the reserve management area, subject to any agreement respecting the South Slough National Estuarine Research Reserve between the State of Oregon and the federal Office for Coastal Management.
(6) The agency that acquired title to the reserve management area shall cause title to be cleared in the name of the State of Oregon. [1977 c.496 §1; 2003 c.14 §134; 2021 c.139 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.556 - South Slough National Estuarine Research Reserve Management Account.

(1) The South Slough National Estuarine Research Reserve Management Account is established within the Common School Fund. Except for moneys otherwise designated by statute, all moneys received by the South Slough National Estuarine Research Reserve Management Commission shall be paid into the State Treasury and credited to the account. All moneys in the account are appropriated continuously and shall be used by the commission for the purpose of carrying out ORS 273.554. Interest on moneys in the account shall be credited to the Common School Fund.
(2) The commission shall keep a record of all moneys deposited in the account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged. [1977 c.496 §3; 2003 c.14 §136; 2005 c.528 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.557 - Appeal to State Land Board.

(1) Jurisdiction for review of actions and proposed actions of the commission which are claimed to be in violation of any provision of ORS 273.553 or 273.554 is conferred upon the State Land Board. Proceedings for review of such actions may be instituted by filing a request for review with the State Land Board.
(2) The request for review by the State Land Board need only state the action or proposed action of the commission in question and the particular provisions of ORS 273.553 or 273.554 which are violated thereby. Copies of the request for review shall be served by registered or certified mail upon the commission.
(3) The State Land Board may affirm, reverse or modify the action under review and make such other disposition of the matter as it deems necessary to carry out the provisions of ORS 273.553 and 273.554. The State Land Board shall make its decision within 60 days after the date on which the request for review was filed. [1977 c.496 §5]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.558 - Penalties; enforcement; injunctive relief.

(1) Violation of a rule adopted under ORS 273.553 (4) is a Class D violation for each day of violation.
(2) In addition to all other remedies, when it appears to the South Slough National Estuarine Research Reserve Management Commission that a person has engaged in, or is engaging in, any act that violates a rule adopted under ORS 273.553 (4), the commission may direct the Attorney General to apply to the court for an injunction restraining the person from violating such rule. [1977 c.496 §4; 1999 c.1051 §169; 2003 c.14 §137; 2021 c.139 §6]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.563 - Definitions for ORS 273.563 to 273.591.

As used in ORS 273.563 to 273.591, unless the context requires otherwise:
(1) "Agency" means a local, state or federal agency, board, commission or department.
(2) "Candidate natural area" means a natural resource area that may be considered for registration or dedication.
(3) "Commodity" means timber, minerals, livestock, agricultural products or any other product of the land which is an important economic resource.
(4) "Data bank" means the Natural Areas Program inventory of natural heritage resources classification, data analysis, priority setting, owner and other data maintained by the Institute for Natural Resources under ORS 352.808.
(5) "Dedicate" means the formal recognition and protection of a natural area for conservation purposes.
(6) "Instrument" means any written document intended to convey an interest in real property under ORS 93.710, or an agreement between parties according to the Natural Areas Program or the Oregon Natural Areas Plan.
(7) "Natural area" means a unit of land or water or both that may be considered for dedication under ORS 273.563 to 273.591 and that has substantially retained its natural character, or, if altered in character, shall in addition to its natural heritage resource values, be valuable as habitat for plant and animal species or for the study and appreciation of the natural features.
(8) "Natural heritage resources" means the terrestrial ecosystem types, aquatic ecosystem types and unique geologic types as defined in the Oregon Natural Areas Plan or a unit of land or water that contains a natural resource.
(9) "Plan" means the Oregon Natural Areas Plan established under ORS 273.578, which governs the Natural Areas Program in selecting natural areas for conservation.
(10) "Program" means the Natural Areas Program as established in ORS 273.566.
(11) "Register" means the Oregon Register of Natural Areas established under ORS 273.581.
(12) "Special species" means those species of plants and animals determined by the State Parks and Recreation Department to be significant in value in a state natural area and defined in the Oregon Natural Areas Plan.
(13) "State natural area" means an area that an individual, organization or public agency dedicates as a state natural area under ORS 273.586. [1983 c.786 §2; 2001 c.114 §1; 2003 c.661 §1; 2009 c.217 §1; 2011 c.319 §10]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.566 - Legislative findings.

(1) The Legislative Assembly finds that many valuable natural heritage resources are represented in natural areas that can be protected through the voluntary cooperation of private landowners and public land managers. These areas will comprise a discrete and limited system of natural areas that are selected to represent the full range of Oregon’s natural heritage resources. These areas shall have substantially retained their natural character, or, if altered in character, shall in addition to their natural heritage resource values be valuable as habitat for plant and animal species or for the study and appreciation of the natural features. As such they will be living museums for scientific research, educational purposes and nature interpretation.
(2) The Legislative Assembly also finds that it is necessary to establish a process and means for public and private sector cooperation in the development of this system of state natural areas. Private landowners and public land managers should be encouraged to voluntarily participate in the program through conservation activities that benefit all Oregonians.
(3) In order to ensure that activities related to natural heritage resources cause the minimum of conflict with other resource uses and that they are cost effective, the Legislative Assembly finds that the State Parks and Recreation Department should provide a specific framework for decision making related to natural heritage resources through a classification and planning process known as the Natural Areas Program. Future state natural areas should avoid unnecessary duplication of already protected natural heritage resources. Each decision should address alternative methods of accomplishing the same purpose and should consider cost effectiveness.
(4) The Legislative Assembly recognizes that there is a need for systematic, accessible information concerning the locations of the resources of Oregon’s natural areas, including special plant and animal species, native terrestrial ecosystems, aquatic ecosystems and geologic features, and especially including the natural areas already protected that contain these resources. [1979 c.711 §2; 1983 c.786 §3; 2009 c.217 §2; 2011 c.319 §11]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.573 - Natural areas advisory committee.

(1) To aid and advise the State Parks and Recreation Director in the performance of the functions related to the Natural Areas Program, the director may establish a natural areas advisory committee.
(2) The advisory committee may assist the State Parks and Recreation Department:
(a) In the development of policy for the Natural Areas Program through the review and approval of the Oregon Natural Areas Plan;
(b) By reviewing nominations for registration and the voluntary dedication of natural areas, and instruments of dedication for such areas;
(c) In providing recommendations to the State Parks and Recreation Commission, State Land Board, State Board of Forestry, State Fish and Wildlife Commission, public universities listed in ORS 352.002 and Oregon Transportation Commission regarding areas under their respective jurisdictions that are appropriate for dedication; and
(d) In advising the State Parks and Recreation Commission in the adoption of rules that may be considered necessary in carrying out ORS 273.563 to 273.591.
(3) Members of the advisory committee are not entitled to compensation, but in the discretion of the director may be reimbursed from funds available to the department for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amount provided in ORS 292.495. [2011 c.319 §9; 2015 c.767 §74]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.576 - State Parks and Recreation Department duties; Oregon Natural Areas Plan; contents.

(1)(a) The State Parks and Recreation Department shall provide assistance in the selection and nomination of natural areas containing natural heritage resources for registration or dedication.
(b) The Oregon Natural Areas Plan established by ORS 273.578 shall govern the Natural Areas Program in the conduct of activities to create and manage a system of state natural areas that are complementary to and consistent with the research natural area program on federal lands in Oregon. This plan lists the natural heritage resources that should be represented on the Oregon Register of Natural Areas and in state natural areas and provides criteria for the selection and approval of candidate natural areas for registration and dedication under ORS 273.563 to 273.591. In selecting state natural areas, the department shall give primary consideration to inclusion of natural heritage resources, and especially those natural heritage resources that are not adequately protected elsewhere. Inclusion and protection of special species shall be an important additional consideration in selecting state natural areas, and wherever possible, individual species shall be protected in association with natural heritage resources or in assemblages of those species determined by the department to have special significance.
(2) The department may advise owners of state natural areas concerning the management and use of such areas and may make available to state, federal and local agencies that manage lands within Oregon, information concerning the conservation of natural heritage resources.
(3) The department may apply for and accept grants, contributions and assistance from any federal, state or local government agency and any foundation, individual or organization for the purpose of carrying out the provisions of ORS 273.563 to 273.591. [1979 c.711 §5; 1983 c.786 §5; 2003 c.661 §2; 2009 c.217 §4; 2011 c.319 §12]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.578 - Plan approval; review of modifications by commission.

(1) The Sixty-first Legislative Assembly approves the Oregon Natural Areas Plan submitted under ORS 273.576.
(2) The State Parks and Recreation Commission may review and approve or disapprove any modification to the Oregon Natural Areas Plan submitted by the State Parks and Recreation Department. [1981 c.208 §§2,3; 1983 c.786 §6; 2009 c.217 §5; 2011 c.319 §13]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.581 - Natural areas register; contents; agreements between department and landowners.

(1) The State Parks and Recreation Department shall maintain a state register of natural areas containing significant natural heritage resources to be called the Oregon Register of Natural Areas.
(2) The department shall from time to time identify natural areas from the natural heritage data bank that qualify for registration. Priority shall be based on the Oregon Natural Areas Plan and shall generally be given to those resources that are rarest, most threatened or underrepresented in the conservation system on a statewide basis. State natural areas shall not unnecessarily duplicate resources or special species already adequately protected by other methods of land protection. Whenever feasible, natural areas that qualify for registration shall be located on lands that have been allocated primarily to special noncommodity uses.
(3) The department shall review each registration proposal, including the landowner’s written permission for registration if the natural area is located on privately owned land.
(4) After review and recommendation by the department, the State Parks and Recreation Commission may place natural areas onto the register or remove natural areas from the register.
(5) A voluntary management agreement may be developed between the department and the owners of the natural areas on the register. [1979 c.711 §6; 1983 c.786 §7; 2009 c.217 §6; 2011 c.319 §14]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.586 - Dedication of land as state natural area; notice and hearing; termination of dedication.

(1) A private individual or organization that is the owner of any registered natural area may voluntarily agree to dedicate that area as a state natural area by executing with the State Parks and Recreation Department an instrument of dedication. The instrument of dedication shall be effective upon its recording in the real property records of the office of the clerk of the county in which any or all of the state natural area is located.
(2) Any public agency may dedicate lands under the provisions of ORS 273.563 to 273.591 following the providing of opportunity for adequate public notice and hearing by the agency. The Oregon Transportation Commission, the State Fish and Wildlife Commission, the State Board of Forestry, the governing board of a public university listed in ORS 352.002, the State Parks and Recreation Commission and the State Land Board shall, with the advice and assistance of the department, establish procedures for the dedication of state natural areas on land, the title of which is held by the State of Oregon, and which is under that agency’s management and control.
(3) The instrument of dedication shall contain any information or provisions as the private owner, organization or agency and department consider necessary to complete the dedication.
(4) Dedication of a state natural area may be terminated as follows:
(a) The dedication of a state natural area by a public agency may be terminated following the providing of opportunity for adequate public notice and hearing and a finding by that agency of an imperative and unavoidable necessity, or a finding by that agency, with the approval of the department, that the state natural area is no longer needed according to the guidelines of the Oregon Natural Areas Plan.
(b) The dedication of a state natural area by a private individual or organization may be terminated by the private individual or organization after the department is assured that there has been compliance with the procedures required by the terms of the dedication instrument.
(c) The dedication of a state natural area may be terminated by the State Parks and Recreation Commission upon the advice of the department if the area is no longer needed according to the guidelines of the plan, or has permanently lost its natural character. [1979 c.711 §7; 1983 c.786 §8; 1991 c.121 §2; 2009 c.217 §7; 2011 c.319 §15; 2015 c.767 §75]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.591 - Natural Areas Program Account.

The Natural Areas Program Account is established within the General Fund of the State Treasury. All moneys received by the State Parks and Recreation Department for the purposes of ORS 273.563 to 273.591 shall be paid into the State Treasury and credited to the account. All moneys in the account are continuously appropriated for the use of the department in carrying out the provisions of ORS 273.563 to 273.591. [1979 c.711 §8; 2009 c.217 §8; 2011 c.319 §16]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.655

[1971 c.615 §6; 1983 c.599 §6; 1985 c.565 §42; 1987 c.879 §10; 1991 c.816 §12; renumbered 270.120 in 1991]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.705

[Formerly 273.250; 1977 c.397 §1; 1983 c.620 §13; 1985 c.198 §3; 1989 c.200 §2; renumbered 390.235 in 1989]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.715 - Rules for removal of semiprecious stones and petrified wood from state lands; fees; removal contrary to rules.

(1) The Department of State Lands shall prescribe rules governing the exploration for and removal of semiprecious stones and petrified wood from lands owned by the State of Oregon and under the jurisdiction of the department. Such rules shall be designed to maximize the public benefit of these resources, and shall permit the free use of lands under jurisdiction of the department for collection for noncommercial purposes of reasonable quantities of petrified wood and semiprecious stones.
(2) The department, by rule, shall require payment of a reasonable fee for a permit for the exploration for and removal of semiprecious stones and petrified wood sufficient to cover the expenses of the department incurred under this section with respect to the permit.
(3) No person shall remove petrified wood or semiprecious stones for commercial purposes or in a quantity having a value of $500 or more without a permit issued by the department under this section.
(4) If any person removes semiprecious stones or petrified wood from lands owned by the State of Oregon without a permit as required under this section or in a manner contrary to rules prescribed under this section, all the materials or objects so removed or the value of such materials or objects shall be subject to disposal by the department as property of the State of Oregon. [1967 c.174 §2; 1973 c.642 §5]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.751 - State land grants to railroads.

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:
(1) 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.
(2) 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.
(3) 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.
(4) 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. [Formerly 273.180]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.755 - Filing maps of railroad location and depot sites; department’s duties.

(1) Whenever a railway company mentioned in ORS 273.751, or its successors or assigns, files with the Department of State Lands a map of the definite location of its road lines through any state lands, the department thereafter shall except from sale such right of way and lands for purposes named in ORS 273.751.
(2) Whenever a railway company has selected a tract of state lands for any purpose mentioned in ORS 273.751, the company shall file with the department a map of the same, with a description connected with surveys acceptable to the department. After such map has been filed, after completion of construction of a railroad through such lands and upon payment for the lands at the rate of $1 per acre, the department shall execute and deliver to the company, its successors or assigns, deeds for the tracts of lands so selected. [Formerly 273.190]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.761 - Right of way for water ditches and pipes.

(1) A right of way for construction of a water ditch to be used for irrigation, manufacturing or mining purposes, ditches or water pipes for conveying water to political subdivisions for domestic purposes, or for the extinguishment of fires, is granted for a distance of 25 feet on each side of such ditches or water pipes to any person who may construct such water ditches or water pipes over any submersible, swamp or school lands.
(2) A right of way for the construction and maintenance of domestic and industrial water supply mains, sanitary pressure mains and storm water outfalls is granted for a distance of 25 feet on each side of such mains and outfalls to any municipal corporation that constructs and maintains them in or over submerged or submersible lands or new lands created thereon.
(3) All deeds, leases and easements granted by the State of Oregon for any of the lands mentioned in this section shall be made subject to any vested rights of the owners of such water ditches, water pipes, mains or outfalls as may have been acquired under this section.
(4) The person or municipal corporation constructing such water ditches, water pipes, mains or outfalls shall file with the Department of State Lands a copy of the field notes of the survey of such ditches, water pipes, mains or outfalls, showing their location.
(5) Any construction, maintenance, relocation or extension of a main or outfall described in subsection (2) of this section shall be carried out in accordance with any applicable rules of the department. [Formerly 273.200; 1973 c.511 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.765 - Liability for costs of relocation or extension of mains and outfalls.

Any person adding or removing any material to or from submerged or submersible land so as to make necessary or advisable the relocation or extension of a main or outfall described in ORS 273.761 (2) shall be liable to the municipal corporation for all expenses incurred by it in relocating or extending such main or outfall. [1973 c.511 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.775 - Definitions for ORS 273.775 to 273.790.

(1) "Mineral" includes oil, gas, sulfur, coal, gold, silver, copper, lead, cinnabar, iron, manganese and other metallic ore, and any other solid, liquid or gaseous material or substance excavated or otherwise developed for commercial, industrial or construction use from natural deposits situated within or upon state lands, including mineral waters of all kinds.
(2) "Geothermal resources" shall have the same meaning given in ORS 522.005. [1974 c.51 §3; 1975 c.552 §41; 1981 c.588 §1; 1981 c.694 §1; 1983 c.740 §70a]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.780 - Retention of mineral and geothermal resource rights by state; exploration permit or lease; sale or exchange.

(1) Mineral and geothermal resource rights in real property owned by any state agency and mineral and geothermal resource rights retained as an interest in lands previously sold, granted or otherwise conveyed by the state or any agency thereof are property of the State of Oregon. Except as provided in ORS 273.785 and 273.787, proceeds therefrom shall accrue to the Common School Fund, and the State Land Board is declared to be the state agency acting for the state in any transaction respecting such mineral and geothermal resource rights.
(2) In addition to applicable requirements of ORS chapter 522, such mineral and geothermal resource rights shall be subject to exploration permit or lease by the Department of State Lands, in accordance with rules and conditions established by law or adopted by the department.
(3) Except as provided in ORS 273.787, the mineral and geothermal resource rights shall be retained by the state in the absence of a finding by the State Land Board upon adequate facts presented to it that their sale or exchange is for the purpose of obtaining the greatest benefit for the people of this state, consistent with the conservation of lands under its jurisdiction under sound techniques of land management. [1974 c.51 §2; 1975 c.552 §40; 2005 c.60 §2; 2013 c.256 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.787 - Release and transfer of mineral or geothermal resource rights; reservation by state; rules; fee.

(1) As used in this section:
(a) "Low-potential resource real property" means real property that is located:
(A) Inside an urban growth boundary; or
(B) Within an area zoned for residential use on a lot or parcel that is three acres or smaller in size.
(b) "Owner" means:
(A) The record holder of fee title interest in low-potential resource real property; or
(B) The contract purchaser of low-potential resource real property.
(2) The Department of State Lands is declared to be the state agency acting for the state in any transaction respecting mineral and geothermal resource rights in low-potential resource real property.
(3) The department may not reserve mineral and geothermal resource rights in low-potential resource real property sold or exchanged by the state, unless the department determines that a significant mineral or geothermal resource exists in the low-potential resource real property.
(4)(a) An owner may apply at any time to the department for the release and transfer of mineral and geothermal resource rights in low-potential resource real property that were reserved by the state before June 4, 2013.
(b) Upon application by the owner under this subsection, the department shall release and transfer to the owner the reserved rights to mineral and geothermal resources in low-potential resource real property within 60 days after the department receives the completed application, unless the department determines that a significant mineral or geothermal resource exists in the low-potential resource real property.
(5) The department may not:
(a) Require an owner to obtain an appraisal under this section; or
(b) Require an owner to pay the cost of an appraisal conducted at the request of the department under this section.
(6) The department may charge a reasonable fee, not to exceed $150, to process an application under this section.
(7) The department may adopt rules to implement this section. [2003 c.676 §3; 2013 c.256 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.805 - Definitions for and purpose of ORS 273.805 to 273.825.

(1) As used in ORS 273.805 to 273.825, "common school grazing lands" means lands owned by the State of Oregon and under the control of the Department of State Lands that are chiefly suitable for the grazing of animals, as determined by the department, and which are within, but not limited to, the following land classifications:
(a) Lands defined by ORS 273.251 as indemnity lands, school lands or farmlands.
(b) Lands which have escheated to the state.
(2) Nothing in ORS 273.805 to 273.825 is intended to be an express or implied limitation upon the powers of the department to acquire, lease, manage, control or protect land pursuant to authority otherwise granted by law. ORS 273.805 to 273.825 and 327.430 are not the result of a legislative intent or belief that the department is without authority to acquire, lease, manage, protect or control common school grazing lands. [1963 c.517 §§1,5; 1967 c.421 §84]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.820 - Exchange of lands.

The Department of State Lands may exchange common school grazing lands for land of approximately equal aggregate value, when such exchange is in furtherance of the purposes of ORS 273.805 to 273.825. No exchange shall be made until the title to the lands to be received has been validated by the Attorney General. All lands received in exchange shall have the same status and be subject to the same provisions of law as lands given in exchange therefor. [1963 c.517 §4; 1967 c.421 §86]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.825 - Purchase of lands by lessee or other person.

(1) The lessee of any common school grazing land, upon its classification for sale by the Department of State Lands, may purchase such land at a price and on terms prescribed under subsection (2) of this section if the lessee is an individual person, a resident of this state and owns, in fee simple, land immediately adjacent to the common school grazing land for which the lessee has applied. For purposes of this section, lands are considered to be adjacent if their boundaries are common or intersect at a common point.
(2) Application to purchase common school grazing land under subsection (1) of this section must be made in a manner prescribed by the rules of the department. Upon receiving an application, the department shall determine whether the applicant qualifies under subsection (1) of this section. If the applicant qualifies, the department shall cause an appraisal to be made of the land for which application has been made. The department then shall fix a price for such land. ORS 270.020, 273.225 to 273.241 and 273.275 do not apply to the sale of land under this subsection. The applicant shall pay not less than 10 percent of the purchase price at the time of purchase, and shall pay the remainder in 10 equal installments, at least one installment to be paid each year, over a period not to exceed 10 years from the time of purchase, with interest at the rate fixed by the department for purposes of ORS 327.425.
(3) If application to purchase common school grazing land is made by a person other than the lessee of such land, the department promptly shall notify the lessee by registered or certified mail. Not later than the 90th day after notice was mailed to the lessee, the lessee may make written application in a manner prescribed by the rules of the department to purchase such land. If the department determines that the lessee qualifies under subsection (1) of this section, the department shall proceed under subsection (2) of this section. If the department determines that the lessee does not so qualify, or if the lessee does not make timely application as required by this subsection, the department shall proceed to sell such land in accordance with applicable provisions of law other than this section. [1967 c.147 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.850 - State title to certain lands and improvements transferred to Clatsop County; lands not subject to board jurisdiction.

(1) In the manner and under the conditions set out in ORS 273.850 to 273.890, and notwithstanding any other law, the State of Oregon shall remise, release and forever quitclaim to Clatsop County all rights, title and interest that may remain or be vested in the state with respect to lands described in subsection (2) of this section and any improvements thereon (excluding bridges, wharves, quays, docks, piers, marinas or similar structures protruding above the line of ordinary high water), that are located within the following described area: Those portions of sections 12 and 13 of township 8 north, range 10 west of the Willamette Meridian, and sections 2, 7, 8, 9, 10, 11, 16, 17 and 18, and the south one-half of section 3, of township 8 north, range 9 west of the Willamette Meridian, that are within the boundaries of the City of Astoria as such boundaries existed on June 13, 1969.
(2) Subsection (1) of this section applies to lands created before May 28, 1963, by artificial fill or deposit on lands formerly submersible or submerged, if such lands were possessed under color of title by a person or governmental entity, or predecessors in interest of such person or governmental entity, throughout the period beginning when such lands were created and ending on January 1, 1970.
(3) Nothing in ORS 273.850 to 273.890 applies with respect to land that remained submerged or submersible on May 28, 1963.
(4) For purposes of section 5, Article VIII, Oregon Constitution, lands described in subsections (1) and (2) of this section are not under the jurisdiction of the State Land Board on or after January 1, 1970. [1969 c.495 §§1,4]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.855 - Clatsop County to transfer title to lands and improvements to certain possessors; fee on execution of deed.

(1) ORS 273.850 (1) and (2) apply with respect to any lands described therein only when the Board of County Commissioners of Clatsop County executes and delivers a deed remising, releasing and forever quitclaiming all rights, title and interest that may remain or be vested in such county with respect to such lands, to a person or governmental entity that has been found under subsections (3), (4) and (5) of this section and ORS 273.860 to 273.880 to have such possession of the lands as of the time of application for a deed under ORS 273.850 to 273.890 as would bar an action or suit for recovery of the lands by a private person under no disability holding legal title thereto. However, in the case of lands heretofore or hereafter acquired by Clatsop County through foreclosure for delinquent ad valorem taxes or otherwise, ORS 273.850 (1) and (2) apply with respect to any lands described therein when it has been found under subsections (3), (4) and (5) of this section and ORS 273.860 to 273.880 that Clatsop County or its predecessor in interest with respect to such lands has such possession of the lands as would bar an action or suit for recovery of the lands by a private person under no disability holding legal title thereto.
(2) A deed executed under this section is intended only to evidence the action of the State of Oregon and Clatsop County in remising, releasing and quitclaiming their rights, title and interest, and does not confer any rights, title or interest on the recipient of the deed or indicate any judgment of the State of Oregon or Clatsop County with respect to any other rights, title or interest that remain or be vested in the recipient of the deed.
(3) Except as provided in ORS 273.870 (2) the Board of County Commissioners of Clatsop County shall not execute any deed under subsections (1) and (2) of this section, until the expiration of the time for appeal from the decision of the board or of the circuit court, as the case may be.
(4) Before any deed to such land is executed under subsections (1) and (2) of this section, the applicant shall pay to the county treasurer a sum equal to $10 per acre or any portion thereof.
(5) The county treasurer shall remit all of such moneys received under subsection (4) of this section to the State Treasurer, who shall deposit it in the Common School Fund to be credited to the Distributable Income Account. [1969 c.495 §§5,11,12,14]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.860 - Filing fee; use of fees; additional fee to cover costs of investigation.

Each applicant under ORS 273.865 (1) shall pay, at the time of filing an application, a fee of $25. Moneys received under this section shall be deposited with the county treasurer and be available for payment of the expenses of the Board of County Commissioners of Clatsop County in carrying out ORS 273.855 (3), (4) and (5) and 273.860 to 273.880. In addition to such fee, if the county board determines that an investigation under ORS 273.865 (2) is necessary, it may require the applicant, prior to execution of any deed under ORS 273.855 (1), to pay an additional fee sufficient to pay the costs incurred by the county board in excess of $25 in carrying out its duties with respect to that application under ORS 273.855 (3), (4) and (5) and 273.860 to 273.880. [1969 c.495 §7]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.865 - Application for deed; investigation; deadline on application.

(1) Application for a deed under ORS 273.855 (1) shall be made to the Board of County Commissioners of Clatsop County in a manner and form prescribed by the county board. The application shall include:
(a) A legal description of the lands applied for, and, as nearly as practicable, the time the land was filled or deposited;
(b) The names and addresses of persons other than the applicant who are in occupancy or, to the knowledge of the applicant, may have any claim to or interest in the lands described in the application;
(c) Evidence that the applicant, if other than a governmental entity, has paid all ad valorem taxes that were assessed with respect to the lands during the period the applicant asserts to have possessed the lands;
(d) Evidence establishing that the applicant or the predecessors in interest of the applicant have had such possession of the lands as of the time of application for a deed under ORS 273.850 to 273.890 as would bar an action or suit for recovery of the lands by a private person under no disability holding legal title thereto.
(2) The Board of County Commissioners of Clatsop County may cause an investigation to be made to determine whether the facts alleged in an application are correct.
(3) The Board of County Commissioners of Clatsop County shall not accept any applications under ORS 273.850 to 273.890 after December 31, 1971. However, this does not affect proceedings with respect to applications filed not later than December 31, 1971. [1969 c.495 §§6,9,15]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.870 - Notice of deed application; protest; hearing; dual applications.

(1) The Board of County Commissioners of Clatsop County shall give public notice of each application received by it under ORS 273.865 (1), prior to its consideration thereof, by advertisement not less than once each week for four successive weeks in a newspaper of general circulation in Clatsop County. Such notice need not describe the lands applied for in legal terms, but by the use of common descriptions or maps shall be designed to identify the lands in a manner intelligible to the layperson. Each notice shall indicate that a protest against the execution of the deed applied for may be filed, in a manner prescribed by the county board, with the county board not later than the 60th day after the fourth publication of the notice, or within such further time as the county board authorizes on a showing of good cause. Not later than the fifth day after the first publication of the notice, the county board shall send written notice of the application to the Department of State Lands.
(2) If no protest is received within the time provided for in subsection (1) of this section, and if the county board thereafter determines that the application conforms to the requirements of ORS 273.865 (1), the county board shall execute and deliver to the applicant a deed in accordance with ORS 273.855 (1).
(3) If protest is received within the time provided for in subsection (1) of this section, the county board shall cause a hearing to be held with respect to the protest, in a manner prescribed by its rules, prior to the making of its findings with respect to an application.
(4) If two or more applications are filed with respect to the same lands, the county board shall cause a hearing to be held at which all such applicants may appear or be represented. [1969 c.495 §8]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.875 - Findings of board; notice; rehearing procedure.

The findings of the Board of County Commissioners of Clatsop County with respect to an application shall be set out concisely in writing, and a copy served on the applicant not later than the 10th day after they are rendered. Not later than the 30th day after receipt of a copy of such findings or within such further time as the county board authorizes on a showing of good cause, an applicant may request a rehearing if the applicant was denied on grounds that there was insufficient evidence under ORS 273.865 (1)(d). If the county board grants a rehearing, it shall give notice thereof as provided in ORS 273.870. The findings of the county board after a rehearing, or after the time for requesting a rehearing has elapsed, are final, subject only to judicial review as provided in ORS 273.880. [1969 c.495 §10]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.885 - State prohibited from questioning certain titles.

The State of Oregon shall not call into question the title of any person possessing lands described in ORS 273.850 (1) to (3) before January 1, 1973. The State of Oregon shall not call into question the title of any person possessing lands described in ORS 273.850 (1), if an application with respect to such lands has been filed under ORS 273.850 to 273.880 and is pending before the Board of County Commissioners of Clatsop County, or with respect to which judicial review under ORS 273.880 remains available or has not been finally rendered. [1969 c.495 §17]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.890 - Application of ORS 273.850 to 273.890 to certain lands; tax refunds prohibited.

(1) Nothing in ORS 273.850 to 273.890 affects controversies among persons and governmental entities asserting proprietary rights, title and interests with respect to lands described in ORS 273.850 (1).
(2) No ad valorem taxes paid or owing with respect to lands described in ORS 273.850 (1) shall be refunded or canceled on the ground that the State of Oregon may have been the legal owner of such lands before January 1, 1970. [1969 c.495 §§2,3]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.900 - Confirmation of title to tide lands and tide flats.

The titles to all tide lands within this state, and all tide flats not adjacent to the shore in the waters of the state, which have been heretofore sold to purchasers by the State of Oregon, where the purchaser has, in good faith, actually paid to the state the purchase price, and the same has been received by the state, and the purchaser has not purchased from the state to exceed 320 acres of that character or class of land, are hereby confirmed to all such purchasers and grantees of the state, their heirs, successors or assigns, when such tide lands have not been fraudulently obtained, and without reference to the amount of any other character of lands purchased by such purchaser theretofore from the state. [Formerly 274.050]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.902 - Confirmation of title to swamp and overflow lands; deed to claimant.

(1) All the rights and title of the State of Oregon to the swamp and overflowed lands of this state, and claimed by persons who have completed settlement thereon, or who may hereafter complete settlement under the provisions of the preemption or homestead laws of the United States, and have obtained a patent or certificate of final proof therefor, hereby are granted and confirmed unto such claimant, or the heirs or assigns of the claimant, respectively.
(2) Upon application of any such claimant to the Department of State Lands, with proof of claim evidenced by United States patent or final certificate of proof of settlement and payment, issued from the United States Land Office, the department shall execute and deliver to such claimant, without charge, a quitclaim deed of the state’s right and title to the lands so claimed. [Formerly 274.120]