reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.225 - Application for lease to take material; form.

Before any person shall take any material from any real property of the State of Oregon, except in the manner and for the purposes mentioned in ORS 274.525 or 274.550, the person shall apply to the Department of State Lands for a lease. The application shall include a complete description of the location of the contemplated operation, the time and manner of contemplated removal, and such other pertinent information as the department may require. Upon receipt of such application the department may award a lease to the applicant and fix a royalty in the same manner provided in ORS 274.530. [Formerly 274.540; 1969 c.594 §13]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.231 - Removal without compliance with statute.

(1) No person shall remove material from any real property of the State of Oregon for commercial uses without complying with ORS 273.225, 274.550 and 274.560.
(2) The establishment or placing of a dredging or digging outfit on any waters, the submersible or submerged lands of which belong to the State of Oregon, and the removal of material from the submersible or submerged lands thereof for commercial uses, without having applied for and received a lease under ORS 274.530, is a continuing trespass. [Formerly 274.580; 1969 c.594 §18]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.235 - Department’s powers to enforce statute.

The Department of State Lands may inspect and audit books, records and accounts of each person removing material from any real property of the State of Oregon, and make other investigation and secure or receive other evidence necessary to determine whether or not the department is being paid the full amount payable to it for the removal of such material. The department may proceed by action or suit to enforce payment for all materials taken from any real property of the State of Oregon, for commercial uses, whether under lease, or otherwise, for which payment has not been made. [Formerly 274.600]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.241 - Action to recover damages for unlawful removal of material.

(1) Removal of material from any property of the State of Oregon under the control of the Department of State Lands by any person without lawful authority is a trespass for which the state, in addition to any action commenced under ORS 273.990, may also commence an action for damages. If damages are assessed against the defendant in any such action, the state shall be awarded double the amount of damages assessed if the trespass is willful. Proof by the state of its ownership of the premises is prima facie evidence that the trespass, if committed, was willful.
(2) Any action under subsection (1) of this section must be commenced within six years from the date of the trespass or the date on which the trespass is discovered by the state, whichever last occurs. [Formerly 274.605]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.245 - Asset management plan; schedule for disposition.

Not later than January 1, 1996, the State Land Board shall adopt an asset management plan in accordance with this section to guide management and disposition of real estate under the board’s jurisdiction. The Department of State Lands shall provide a report to each odd-numbered year regular session of the Legislative Assembly on the progress of implementing the asset management plan. The asset management plan required by this section shall provide a schedule for disposition of state lands when the proper disposition, as determined, involves the sale, exchange or transfer of management responsibility from the Department of State Lands to other entities. [1995 c.589 §7; 2011 c.545 §35]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.247 - Disposal of isolated parcels of rangeland; sale procedure.

(1) The State Land Board, by and through the Department of State Lands or other agency acting on behalf of the State Land Board, shall dispose of isolated parcels of land classified as rangeland by the board in a manner consistent with the asset management plan adopted under ORS 273.245 and the board’s trust responsibilities.
(2) As used in this section, "isolated parcel" means:
(a) Land largely surrounded by land not owned by the board or not contiguous to other larger tracts of state land; or
(b) Land determined by the board to be difficult or uneconomical to manage due to access, location, isolation, low production value or similar factors.
(3) To the extent consistent with the board’s trust obligations and ORS 273.413, the department or other agency acting on behalf of the board shall establish a sale procedure for isolated parcels of rangeland that is efficient and cost-effective. [1995 c.589 §8]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.251 - Classification of state lands.

Unless the context or a specially applicable definition requires otherwise, state lands are classified as follows:
(1) "Agricultural college lands." Lands granted to the state by the Act of July 2, 1862 (12 Stat. 503), and otherwise, for the support and maintenance of Oregon State University.
(2) "Farmlands." Lands acquired by deed, gift, operation of law, or by the foreclosure of mortgages taken to secure loans from the common school, agricultural college, university or other funds.
(3) "Indemnity lands." Lands selected to satisfy losses in sections 16 and 36, as provided by sections 851 and 852 of title 43, United States Code, as amended, or any other laws of the United States.
(4) "School lands":
(a) Sections 16 and 36 in each township granted to the state by the Act of February 14, 1859 (11 Stat. 383).
(b) Lands selected for internal improvements under the Act of September 4, 1841 (5 Stat. 455), and diverted for common schools with the consent of Congress by the Joint Resolution of February 9, 1871 (16 Stat. 595).
(c) Lands selected for capitol building purposes under the Act of February 14, 1859 (11 Stat. 383).
(d) Lands included in the South Slough National Estuarine Research Reserve as described in ORS 273.553 (1)(a).
(5) "Swamp lands." Lands claimed by the state under the Act of September 28, 1850 (9 Stat. 519), and extended to the State of Oregon by the Act of March 12, 1860 (12 Stat. 3).
(6) "Submerged lands." Lands defined as submerged by ORS 274.005.
(7) "Submersible lands." Lands defined as submersible by ORS 274.005.
(8) "University lands." Lands granted to the state under the Act of February 14, 1859 (11 Stat. 383), for the support and maintenance of the University of Oregon. [Formerly 273.010; 1969 c.594 §19; 1997 c.321 §1; 2003 c.14 §132; 2021 c.139 §3]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.255 - Eligibility to purchase state lands.

Any individual who is 18 years of age or older and who is a citizen of the United States, or has declared an intention to become a citizen, may apply to purchase state lands. [1967 c.421 §51 (enacted in lieu of 273.030)]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.261 - Applications generally.

An individual eligible under ORS 273.255 may file an application with the Director of the Department of State Lands for the purchase of state lands other than farmlands. The application must be made in a form prescribed by the Department of State Lands, contain a correct and precise description of the lands applied for in accordance with a survey acceptable to the department, and be verified before an officer authorized by law to administer oaths. [1967 c.421 §52 (enacted in lieu of 273.030)]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.265 - Application for submersible lands.

(1) If application is made for the purchase of submersible lands, the applicant must cause such lands to be surveyed at the expense of the applicant by a surveyor, whose selection is subject to prior approval by the Department of State Lands. The survey must connect with and conform to adjacent surveys acceptable to the department, so far as practicable. The applicant must submit to the department, with the application, an accurate map of the lands applied for, showing the boundaries and stating the area. The map must be verified by the surveyor before an officer authorized by law to administer oaths.
(2) Each application to purchase submersible lands must, in addition to all other requirements, contain the applicant’s statement that application is made with knowledge of the character of the land applied for and the title of the state thereto, and the waiver of the applicant of all claims upon the state for the return of the purchase price of the lands in the event that the lands, or any part thereof, do not belong to the state. [1967 c.421 §53 (enacted in lieu of 273.030); 1969 c.594 §20]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.275 - Price of state lands; sale to highest bidder.

Except as limited by ORS 270.020 and 273.225 to 273.241 and 274.040, and as in its judgment the interests of the state demand, the Department of State Lands:
(1) Shall fix the price at which all classes of state lands may be sold and the interest to be charged on deferred payments therefor under ORS 273.281, and may provide for the advertisement and sale of such lands to the highest bidder in a manner consistent with ORS 270.020 and 273.225 to 273.241.
(2) May at any time withdraw any or all of such lands from sale. [Formerly 273.050]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.281 - Payment for state lands.

The Department of State Lands shall require applicants for the purchase of submersible lands to pay in full for such lands at the time of purchase. Applicants for the purchase of school, agricultural college, university, swamp or indemnity lands shall make payments at such times, and with such interest for deferred payments as the department may prescribe. However, the obligation may not be allowed to stand for a longer period than five years after the date of issuance of the certificate under ORS 273.285. [Formerly 273.100; 1969 c.594 §22]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.285 - Certificate of sale to installment purchaser; records of sale.

(1) When an applicant to purchase state lands desires to make payments in installments as provided in ORS 273.281, the Department of State Lands shall, upon receipt of one-fifth of the purchase price of the land applied for, deliver to the purchaser a certificate that the purchaser has contracted to purchase the lands therein described. Upon performance under the contract and upon the surrender of the certificate of sale, the purchaser, or the heirs or assigns of the purchaser, shall be entitled to a deed issued under ORS 273.300 for the lands therein described.
(2) The department shall maintain appropriate records of each sale. [Formerly 273.110]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.290 - Cancellation and forfeiture on default in payments.

If any installment of the purchase price of land, principal or interest, remains unpaid for one year after the same becomes due, the certificate issued under ORS 273.285 shall be canceled by order of the Department of State Lands. All payments thereon shall be forfeited and the land considered vacant and subject to sale as if it had not been previously contracted to be sold. [Formerly 273.130]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.295 - Assignment of certificates of sale; deed to assignee.

All assignments of certificates of sale shall be executed and acknowledged in the same manner as a deed to real estate. The assignee, upon full payment of the amount due on the purchase price, and delivery to the Department of State Lands of such certificate and assignment, shall receive a deed for the land described in such certificate, in the name of the assignee. [Formerly 273.140]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.300 - Issuance of deed.

Whenever any purchaser of state lands holding a certificate of sale therefor has paid three-fifths or more of the purchase price thereof, the Director of the Department of State Lands may execute a deed conveying the lands to such purchaser, upon the purchaser’s executing:
(1) A note for the remainder of the purchase price; and
(2) A mortgage on the premises in the same form and manner as other mortgages are executed for loans from the Common School Fund under ORS 327.405 to 327.480. [Formerly 273.150; 1969 c.594 §23]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.306 - Execution and record of deeds.

(1) Upon full payment of the purchase price and any accrued interest thereon the Director of the Department of State Lands shall execute a deed to the purchaser in a form prescribed by the rules of the Department of State Lands.
(2) The department shall maintain appropriate records of all deeds issued under this section. [Formerly 273.160]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.311 - Correction of deeds; refund of purchase price; refund to assignee of certificate of sale issued on fraudulent application.

(1) In all cases where clerical errors have been made in deeds for any state lands sold, upon satisfactory proof and if the rights of innocent parties have not intervened, the Director of the Department of State Lands may execute corrected deeds to the holders thereof.
(2) Where lands, other than submersible lands and unsurveyed or unpatented swamp lands have been sold and the state cannot convey title to the purchaser, the Department of State Lands shall repay the purchaser, or the heirs or assigns of the purchaser, all sums which may have been paid to the department on the purchase price of the lands, including the interest paid upon deferred payments, upon the presentation of a proper application for repayment, satisfactory proof and the surrender of the certificate; or if deed has been issued, upon reconveyance by executed and recorded quitclaim deed of whatever title or color of title was received from the state.
(3) Where a certificate of sale has been issued by the department upon a fraudulent application and the certificate is held by assignment by a third party who had no knowledge of the fraud at the time of assignment, the department may refund to the holder such sums as were paid the department on the purchase price of the lands covered by the certificate, including the interest paid upon deferred payments, upon the holder making proper application to the department for repayment and surrendering for cancellation the certificate and assignment. [Formerly 273.480; 1969 c.594 §24]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.316 - Exchanging state lands to accumulate larger tracts.

(1) The Department of State Lands may exchange any state lands under its control for any other lands in this state for the purpose of accumulating larger and contiguous tracts of state lands. The department may enter into the necessary contracts to accomplish such purposes, subject to the rights of lessees under ORS 273.321. The exchange may be made on the basis of value or acreage, and the department may pay or accept money as part of the consideration to the extent required for a fair transaction.
(2) The object of this section is to authorize the department to exchange isolated tracts of state lands for the purpose of accumulating larger and contiguous tracts of state lands. [Formerly 273.700; subsection (2) (1967 Replacement Part) enacted as 1967 c.421 §64; subsection (2) enacted as 1967 c.148 §2; 1969 c.594 §25]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.321 - Notification to lessee prior to exchange; hearing.

(1) Before exchanging any state lands for other lands under ORS 273.316, the Department of State Lands shall give notice to the lessees of those state lands considered for exchange by sending by certified or registered mail a notice containing a general description of the state lands considered for exchange and a listing of the names and addresses of the lessees of such lands. The notice shall state that if written protest to such exchange is received by the department not later than the 20th day after the mailing of the notice, a hearing on such exchange will be held.
(2) If the department receives, not later than the 20th day after the mailing of the notice, written protest to such exchange from a lessee of state lands considered for exchange, the department shall hold a hearing on such exchange. The hearing shall be held not earlier than the 30th day after the mailing of the notice described in subsection (1) of this section. Notice of the hearing shall be mailed by certified or registered mail to all lessees of state lands considered for exchange. At the hearing the lessees of the lands, or their representatives, may present their views on the prospective exchange.
(3) The department shall consider testimony presented at the hearing before making a protested exchange of state lands. [Formerly 273.427]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.326 - Compromise with owners of state lands unlawfully acquired; disposal of lands received through compromise.

In all cases where the Department of State Lands believes that any lands were acquired from the state by fraud or in violation of the laws relating to the disposal thereof, it may:
(1) Enter into contracts with the persons asserting ownership thereto for the subdivision and sale thereof on conditions agreed upon by the contracting parties; or
(2) Exchange or accept in lieu thereof other lands suitable for settlement and development or valuable for timber. The department may enter into contracts for disposal and settlement of such other lands as in the case of the lands first mentioned in this section. [Formerly 273.660; 1969 c.594 §26]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.331 - Subdivision and disposal of other lands as condition of compromise.

When lands that the Department of State Lands believes were acquired from the State of Oregon by fraud or in violation of the laws of the state are held by any person owning other lands the title to which is not involved, the department may provide as a condition to the contract of settlement described in ORS 273.326 that such other lands, or such portion thereof as the department considers advisable, may also be subdivided and disposed of under the direction and supervision of the department according to the conditions agreed to. [Formerly 273.670; 2003 c.14 §133]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.335 - Object of ORS 273.340 and 273.345.

The object of ORS 273.340 and 273.345 is to make available for settlement and development the lands to which the State of Oregon is entitled as indemnity and the remaining unsold state lands, and to make available for the Common School Fund the proceeds from the sale of such lands. [1967 c.421 §70]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.340 - Ascertainment and procurement of indemnity lands.

The Department of State Lands shall ascertain the amount of indemnity lands to which the State of Oregon is entitled from the federal government and procure such lands in as large and contiguous tracts as practicable, having in view its adaptability for agriculture or its value for forestry purposes. [Formerly 273.680]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.345 - Determination of advisability of selection of indemnity lands within national forest reserves.

Before making selections under ORS 273.340, the Department of State Lands shall determine the advisability of making such selections in large and contiguous tracts within the national forest reserves. If it is found that such selections will be advantageous to the State of Oregon, the department shall negotiate with the appropriate agency of the United States to procure such lands. If necessary, the department may seek enactment of legislation to accomplish such object. The department may enter into all necessary contracts relating to such lands. [Formerly 273.690]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.350 - Selection and sale of indemnity lands.

(1) The Director of the Department of State Lands shall:
(a) Select as indemnity lands such vacant government lands as may be applied for by legal applicants, upon receipt of their applications to purchase, together with the nonmineral affidavit and filing fees, as required by the rules and regulations of the Bureau of Land Management, and a payment fixed by the Department of State Lands; and
(b) Upon return of a copy of the selection list approved by the appropriate officer of the United States, pay over to the State Treasurer moneys received on account of the purchase price of such lands.
(2) When such lands have been clear listed or patented to the state by the United States, the department shall issue deeds or certificates to the applicants. However, no certificate or deed shall be issued for indemnity lands until the same have been patented to the state by the United States. If the state fails to secure patent, the money so received shall be repaid to the applicant upon proper application to the department and surrender of the director’s receipt. [Formerly 273.540]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.356 - Definitions for ORS 273.356 to 273.375.

As used in ORS 273.356 to 273.375, unless the context requires otherwise, "grantee" includes the successor in interest of a grantee. [Derived from 1967 c.422 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.360 - Applicant to relinquish claim; refund of purchase price and taxes paid.

Upon the execution and delivery to the Department of State Lands by any grantee to whom the State Land Board prior to February 21, 1916, erroneously conveyed various parcels of land in sections 16 and 36 to which the title of the state was found by the board to be defective, of a written instrument sufficient to annul the conveyance of the state to such grantee and to relinquish all other claims against the state arising out of such conveyance, the department pursuant to ORS 273.125 shall:
(1) Refund to such grantee the purchase price paid to the state for such land, with interest at the rate of six percent per annum from the time payment was made; and
(2) Pay to the grantee an amount equal to all ad valorem taxes paid by such grantee with respect to such land before June 19, 1967, without interest. [1967 c.422 §2; 1973 c.685 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.365 - When refunds not available; source of refunds.

(1) A refund is not available under ORS 273.356 to 273.375 to any grantee who received from the State Land Board a refund or other settlement with respect to such lands before June 19, 1967, or who may be holding title originally procured or subsequently conveyed by false swearing or fraudulent representation.
(2) Each refund under ORS 273.360 shall be paid to the grantee out of the revenues of the Common School Fund. [1967 c.422 §§3,4]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.370 - Alternative to refund.

If the Department of State Lands finds that the property erroneously conveyed has been identified generally as private property, as evidenced by the inclusion of the property on the assessment rolls of the county in which it is located for a period of 20 years or more immediately preceding, the department may refund to the grantee an amount not to exceed any of the following values:
(1) The current fair market value of the property erroneously conveyed;
(2) The amount of the most recently issued title insurance policy carried on the property, if such a title insurance policy has been issued regularly; or
(3) The estimated current value to the department of the indemnity selection rights reconveyed to the state. [1967 c.422 §5]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.375 - Acquisition by state of applicant’s interest; price.

In lieu of the procedure set out in ORS 273.360, 273.365 and 273.370, the Department of State Lands may acquire for the use and benefit of the State of Oregon, by purchase or exchange, the interest of any applicant to whom the certificate described in ORS 273.620 (3) (1965 Replacement Part) has been issued before June 19, 1967, or who acts under ORS 273.360, 273.365 and 273.370. The price of any such purchase or acquisition shall be paid to such applicant out of the revenues of the Common School Fund, and shall not exceed the market value of the land that otherwise would have been available to the applicant under ORS 273.620 (1965 Replacement Part). [1967 c.422 §6]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.413 - Disposition of unsuitable state lands; sale; use of proceeds; procedures.

(1) The Department of State Lands may dispose of isolated sections and fragments of sections of state lands which are not suitable for management according to long-range policies of the State Land Board. The proceeds of such sales shall be applied and are continuously appropriated to the Department of State Lands for the acquisition of lands or other suitable investments as directed by the board in consultation with the Oregon Investment Council.
(2) The proceeds of any sale authorized by subsection (1) of this section shall be deposited in a revolving account in the Common School Fund. The costs of acquisition authorized by subsection (1) of this section shall be charged to the revolving account.
(3) When requested in writing by the Department of State Lands, the Oregon Department of Administrative Services shall draw a warrant on the Common School Fund in favor of the Department of State Lands for use as a revolving account. The State Treasurer shall hold the revolving account in special account against which the Department of State Lands may draw checks.
(4) The Department of State Lands may use the revolving account for the purposes specified in subsection (1) of this section.
(5) Before disposing of lands described in subsection (1) of this section, the Department of State Lands shall cause owners or lessees of land adjoining the land to be disposed of to be notified of the pending disposition. The notice shall indicate the time and method of sale, the minimum or reserved price, if any, and shall invite the landowners or lessees to participate as a prospective purchaser if the landowner or lessee wishes to do so.
(6) Before purchasing or selling land, the Department of State Lands shall obtain approval of the governing body of the county or counties in which such land is located.
(7) The Department of State Lands shall prepare sales materials, including catalogs of lands available for sale, and may charge a fee for such materials.
(8) This section does not apply to the sale or management of state-owned submerged and submersible lands subject to ORS chapter 274. [1987 c.156 §1; 1995 c.204 §1; 2003 c.253 §18]
Note:
273.413 was added to and made a part of ORS chapter 270 by legislative action but was not added to ORS chapter 273 or any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.416 - Exchange of property held as trust fund asset.

If any property owned by the state is held as an asset of any special trust fund securing the payment of bonds, it may be exchanged, under the authority granted in ORS 270.110, for other property of equal or superior value, and property so received in exchange shall be an asset of the fund in lieu of the property previously held. [1981 c.787 §11; 1991 c.816 §14]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.421 - Relinquishing title to United States Government or governmental body or subdivision; continued public use requirement.

The state hereby is granted express power to relinquish the title to any of its property not needed for public use to the United States Government or any other governmental body or political subdivision within the state, providing such property shall be used and continue to be used, for a public purpose by the United States Government, or such other governmental body or political subdivision in the State of Oregon. [1981 c.787 §12]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.426 - Exchange of property; value.

(1) When property is exchanged under the authority of ORS 270.100, 270.110 and 270.130, the value of the real property accepted by the state in exchange for any of its property plus cash, if any, shall not be less than the value of the property relinquished by the state. The provisions of ORS 270.100, 270.110 and 270.130 do not apply when the state is exchanging property under this section.
(2) Property may be exchanged in a transaction involving more than two parties or properties under terms and conditions that reflect the provisions of subsection (1) of this section. [1981 c.787 §13; 1991 c.816 §8]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.431 - Procedure for determining value of properties to be exchanged.

(1) The value of the respective properties proposed to be exchanged shall be determined by the state agency, board or commission which has supervision and direction of the department or activity of the state for which such property is held or belongs, and if there be no such agency, board or commission, then by the Department of State Lands. The state agency, board or commission may use an appraised value as one indicia of the value of the property.
(2) The state agency, board or commission shall cause the property to be appraised by one or more competent and experienced appraisers. The compensation, if any, of the appraisers shall be borne equally by the respective owners of the property. In case such valuation shall not be mutually satisfactory to the respective owners the same shall not be binding upon them. [1981 c.787 §14; 1991 c.816 §20]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.436 - Lease procedure; payment of taxes.

Every lease entered into pursuant to ORS 270.110 shall be authorized by order of the state agency executing the same and shall provide such terms and conditions as may be fixed and determined by the governmental body executing the same. Any such lease may provide that the lessee shall pay ad valorem taxes assessable against the leased property, or that the state agency shall pay such taxes, in which latter event the anticipated amount of taxes shall be taken into consideration in fixing the rental charge. [1981 c.787 §15; 1991 c.816 §22]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.441 - Agency donation of property for industrial or manufacturing use; conditions.

(1) Any agency of the State of Oregon may donate to any person, firm or corporation selected by such governmental body, conditionally or otherwise, for industrial or manufacturing purposes, or both, and purposes incidental thereto, any real property owned by the governmental body and not needed or likely to be needed for public use.
(2) The donation must include a condition that whenever the donee or successor in interest ceases to use the property for the donated purpose the title to the property shall revert to the donor.
(3) The gift shall be made by statute or formal order and the terms and conditions of the gift shall be set forth in such statute or order. [1981 c.787 §16]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.447 - Disposition of state lands suitable for grazing.

The Department of State Lands is hereby authorized to sell, convey, lease or exchange any or all state lands chiefly suitable for grazing, to or with Oregon counties, and with the United States of America for other lands either of equal acreage or of equal value. All powers herein granted to the Department of State Lands are in addition to and not in derogation of powers heretofore conferred by law. [1981 c.787 §17]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.452 - Indemnification contract for occupancy of political subdivision lands.

The state or any state agency occupying a street or public property of a political subdivision by any structure above, on or under the surface, may provide a contract of indemnity to protect the other political subdivision against loss or damage resulting from such occupancy. [1981 c.787 §18]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.456 - Lease of space above or below street or highway; conditions; effect on prior dedications.

If the state holds the easement or fee title to a street or highway, the state may lease the space above or below that street or highway for private purposes for such period as the controlling state agency determines the space will not be needed for public purposes, and upon such other terms and conditions as the agency finds to be in the public interest. Before leasing the space, the agency shall determine that the use of the space will not unreasonably interfere with the public use and utility use of the street or highway, and shall notify the property owners abutting the space proposed to be leased under this section and give them an opportunity to be heard with respect to the proposed leasing. Lease of space above or below a street or highway for private purposes shall not affect prior dedication or grant of the area for street or highway purposes. [1981 c.787 §19]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.462 - Definitions.

As used in ORS 273.462 to 273.464:
(1) "State agency" means an agency of the executive department, as defined in ORS 174.112, or a public university listed in ORS 352.002.
(2) "Tribe" means a federally recognized Indian tribe in Oregon.
(3) "Trust lands" means state land:
(a) Granted to the state for the use of schools under the Act of February 14, 1859 (11 Stat. 383);
(b) Obtained by the state as the result of an exchange of land granted to the state for the use of schools;
(c) Obtained in lieu of originally granted land for the use of schools; or
(d) Purchased with Common School Fund revolving account moneys pursuant to ORS 273.413. [2017 c.693 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.463 - Policy.

It shall be the policy of the State of Oregon to:
(1) Identify, as appropriate, trust lands under the jurisdiction of the State Land Board that, due to management or regulatory impediments, have limited performance potential as assets of the Common School Fund; and
(2) Transfer the identified trust lands to state agencies, federal agencies or tribes that are better positioned than the State Land Board to manage the lands to provide public benefits associated with the public ownership of the identified trust lands. [2017 c.693 §3]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.464 - Trust lands with limited performance potential as assets of Common School Fund; identification; procedures for transfer; rules.

(1) The State Land Board may identify tracts of trust lands under the board’s jurisdiction that have limited performance potential as assets of the Common School Fund and submit to the Legislative Assembly proposals to transfer the identified tracts of trust lands to another state agency, a federal agency or a tribe.
(2) The state agency, federal agency or tribe to which identified tracts of trust lands are to be transferred may be identified by the board in the proposal authorized under subsection (1) of this section, or may be designated by the Legislative Assembly.
(3) A proposal submitted to the Legislative Assembly under this section must include an independent, third-party valuation of the property to be transferred.
(4) If the Legislative Assembly approves a transfer proposal submitted under subsection (1) of this section and appropriates funds for that purpose, or otherwise approves a financing mechanism sufficient to accomplish the transfer, the board, by and through the Department of State Lands, shall transfer lands in a manner consistent with the board’s trust responsibilities.
(5) The provisions of ORS 270.100, 270.110, 270.130 and 273.275 do not apply to the transfer of trust lands under this section.
(6) The board may adopt rules to carry out the provisions of ORS 273.462 to 273.464.
(7) Nothing in this section shall be construed to affect the ability of the board or the department to dispose of trust lands in any manner otherwise provided for by law. [2017 c.693 §4]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.505 - Object of ORS 273.511.

The object of ORS 273.511 is to ascertain and determine the title of the State of Oregon to the beds of shallow and dry lakes and the lands around lakes exposed to reliction or otherwise. [1967 c.421 §76]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.511 - Acquisition of submersible and swamp lands; reclamation.

The Department of State Lands shall ascertain the amount of land to which it is entitled under the Acts of Congress relative to submersible and swamp lands, acquire title thereto and enter into contracts for drainage and reclamation in order that the lands may be available for development and settlement. [Formerly 273.730; 1969 c.594 §29]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.523 - Sale of forest products on state lands.

The Department of State Lands may sell and dispose of the forest products on lands of the State of Oregon that have not been designated Common School Forest Lands under ORS 530.460, regardless of acreage and in such quantities to each purchaser as the department shall prescribe. If the value of the forest products, as appraised under ORS 273.525, exceeds $25,000, the department shall sell the forest products to the highest and best bidder at public auction, or through sealed bids, as the department may determine prior to offering the forest products for sale. [Formerly 273.521]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.525 - Appraisal of forest products; notice; sale conditions.

(1) Before offering any forest products for sale under ORS 273.523, the Department of State Lands shall cause the forest products to be appraised in a manner that it considers appropriate.
(2) Prior to sale of forest products with an appraised value greater than $25,000, notice thereof shall be given by the department for not less than four weeks by publication once each week in one or more newspapers of general circulation in the county in which such forest products are situated, and in such other manner as the department considers appropriate. The notice shall designate by legal subdivision the land having such forest products thereon, shall state the appraised value of such forest products and the minimum price at which the same may be sold and shall contain a brief statement of the terms of sale. No sale of forest products shall be made at less than the appraised value.
(3) The forest products on one or any number of legal subdivisions may be offered and sold separately, or in one body, as the department considers appropriate. In cases in which notice has been given by publication and no satisfactory bid has been received, or in cases in which the bidder fails to complete the purchase, the department may, at any time during a period of six months after the advertised date of sale, sell the forest products in such manner as it considers appropriate, but the sale price shall not be less than the minimum terms offered in the notice of sale or the highest bid received, whichever is the larger amount. [Formerly 273.310; 1997 c.117 §4]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.531 - Decision by department on bids.

When more than one bid has been received, or in case of doubt as to which of a number of bids is the highest and most advantageous for the state, the decision of the Department of State Lands is conclusive and not subject to review by the courts. [Formerly 273.315]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.535 - Bond or other security requirements for sale of forest products.

Bond or other security requirements for the sale of forest products by the Department of State Lands and provisions for the return of those bonds or securities to a purchaser shall correspond to the bond or other security requirements and provisions for the return of bonds or securities to a purchaser that are established for a forest product sale by the State Forester in ORS 530.059 and 530.061. [Formerly 273.320; 1995 c.375 §4; 1997 c.117 §5; 2014 c.47 §4]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.541 - Execution and delivery of instruments.

All documents required in carrying out ORS 273.522 to 273.541 shall be executed by the Director of the Department of State Lands, and all bonds, contracts and other instruments required by ORS 273.522 to 273.541 for the protection of the interests of the state shall be delivered to the Department of State Lands. [Formerly 273.325]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 273 - State Lands Generally › Section 273.551 - Mining and drilling leases on state lands; fee.

(1) The Department of State Lands, as to any land or mineral and geothermal resource rights subject to its jurisdiction and control and without restricting, limiting or repealing any other powers and authority which it has, after consultation with the State Department of Geology and Mineral Industries and with concurrence of any state agency acting for the state with respect to surface rights in the subject land, may execute leases and contracts for the mining of gold, silver, copper, lead, cinnabar, gas and oil, or other valuable minerals or the exploration and development of geothermal resources upon conditions agreed upon by the Department of State Lands and the lessee.
(2) All leases may be without limitation as to time; but the department may cancel any lease upon failure by the lessee to exercise due diligence in the prosecution of the prospecting, development or continued operation of the mine or well, and shall insert in every such lease appropriate provisions for such cancellation.
(3) The authority granted by this section shall include the execution of leases and contracts covering submersible and submerged lands, as defined in ORS 274.005, the leasing of which is not otherwise expressly authorized by statute.
(4) Leases and contracts executed under this section are not sales within the purview of ORS 270.100.
(5) The department may charge a reasonable fee, to be paid by the applicant, for making necessary investigations before the execution of any such lease.
(6) This section does not apply to permits or leases under ORS 274.705 to 274.860. [Formerly 273.355; 1974 c.51 §6; 1975 c.552 §42; 1991 c.217 §4; 1991 c.816 §17; 1993 c.340 §1; 2003 c.253 §19]