reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.876 - Proprietary authorization requirements; rules; fees.

(1) Acting subject to the approval of the State Land Board and in compliance with ORS chapter 183, the Director of the Department of State Lands shall adopt rules necessary to implement the provisions of ORS 274.870 to 274.879. Rules adopted under this section must include but need not be limited to:
(a) Proprietary authorization requirements for the construction and operation of ocean renewable energy facilities in Oregon’s territorial sea;
(b) The maximum period for which a proprietary authorization may be issued under ORS 274.873; and
(c) Provisions to coordinate the issuance of a proprietary authorization decision under ORS 274.873 with the issuance of a removal or fill permit decision under ORS 196.800 to 196.921 for an ocean renewable energy facility in the territorial sea.
(2)(a) The director may adopt rules establishing application fees related to:
(A) Proprietary authorizations to construct or operate ocean renewable energy facilities within Oregon’s territorial sea; or
(B) Removal or fill permits required under ORS 196.810 to conduct removal or fill activities related to ocean renewable energy facilities in Oregon’s territorial sea.
(b) The Department of State Lands shall appoint an advisory committee in accordance with ORS 183.333 to assist the director in drafting rules under this subsection.
(c) In developing the structure and amount of any fees under this subsection, the department shall take into consideration at least the following factors as they would relate to a proposed ocean renewable energy facility subject to the fee:
(A) The size of the proposed ocean renewable energy facility.
(B) The distance from the ocean shore, as defined in ORS 390.605, at which the ocean renewable energy facility will be sited.
(C) The volume of the removal or fill material that will be subject to the removal or fill permit associated with the proposed ocean renewable energy facility.
(D) Whether the proposed ocean renewable energy facility is a research project, demonstration project or commercial operation.
(E) The anticipated useful life of the proposed ocean renewable energy facility.
(F) The expenses incurred by the department and other coordinating agencies in connection with the processing, evaluation and issuance of the proprietary authorization or removal or fill permit for the proposed ocean renewable energy facility. [2015 c.386 §3]
Note:
See note under 274.870.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.885 - Lease of kelp fields.

The Department of State Lands may lease submerged lands owned by the State of Oregon for the purpose of harvesting kelp and other seaweed after consultation with the State Fish and Wildlife Commission. [Formerly 274.010; 1967 c.421 §172; 1993 c.298 §1; 2011 c.713 §4]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.890 - Time allowed lessee for survey and erection of plant; filing copy of survey with department.

The first lease issued to an applicant under ORS 274.885 to 274.895 with respect to any submerged lands may allow the applicant six months in which to make a practical survey of the field which the applicant has leased, and another 12 months in which to erect a plant and commence operation. The lessee shall, within six months of the time of obtaining the lease, make or cause to be made a practical survey showing the amount and condition of kelp within the territory described in the lease, and shall file a copy of the survey with the Director of the Department of State Lands within six months. Upon the failure of the lessee so to do, the lease shall be canceled by the Department of State Lands. [Formerly 274.020; 1967 c.421 §173]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.895 - Removing kelp without lease.

Except in the case of a person harvesting or removing less than 2,000 pounds of wet kelp each year for the purposes of human consumption for the person’s personal use, a person may not harvest or remove any kelp or other seaweed from any submerged lands owned by the State of Oregon unless the person has first obtained a lease from the Department of State Lands. [Formerly 274.030; 1967 c.421 §174; 2011 c.713 §5]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.905 - Definitions for ORS 274.905 to 274.940.

As used in ORS 274.905 to 274.940, unless the context requires otherwise:
(1)(a) "Historically filled lands" means those lands protruding above the line of ordinary high water, whether or not connected with the adjoining or opposite upland or riparian lands on the same side of the body of water, that were created upon submersible or submerged lands by artificial fill or deposit before May 28, 1963.
(b) "Historically filled lands" does not include bridges, wharves and similar structures constructed upon submersible or submerged lands by other than artificial fill or deposit.
(2)(a) "New lands" means those lands protruding above the line of ordinary high water, whether or not connected with the adjoining or opposite upland or riparian lands on the same side of the body of water that were created upon submersible or submerged lands by artificial fill or deposit on or after May 28, 1963.
(b) "New lands" does not include bridges, wharves and similar structures constructed upon submersible or submerged lands by other than artificial fill or deposit.
(3) "Public body" means the State of Oregon or any port organized under the laws of this state or any dock commission of any city of this state. [1963 c.376 §1; 1967 c.421 §175; 1973 c.328 §1; 2015 c.804 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.910 - Application and effect.

(1) ORS 274.905 to 274.940 do not apply to submersible, submerged or new lands fronting upon the Pacific Ocean.
(2) Nothing contained in ORS 274.905 to 274.940 shall divest the State of Oregon of its rights to minerals, oil, gas and sulfur. [1963 c.376 §§2,9; 1967 c.421 §176; 2015 c.804 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.915 - Lease or disposal of new lands; method; rules.

(1) Except as otherwise provided in ORS 274.905 to 274.940, the Department of State Lands may sell, lease or trade submersible or submerged lands owned by the state in the same manner as provided for submersible lands in this chapter or ORS chapter 273.
(2) Except as otherwise provided in ORS 274.905 to 274.940, the department may sell, lease or trade new lands created upon submersible or submerged lands owned by the state in the same manner as provided for lands acquired as an investment for the Common School Fund in ORS 273.117 or ORS chapter 273.
(3) Except as otherwise provided in ORS 274.905 to 274.940 and 274.950 to 274.956, the State Land Board shall adopt rules under which the department may sell, lease or trade historically filled lands owned by the state. [1963 c.376 §3; 1967 c.421 §177; 1969 c.594 §47; 1973 c.203 §3; 1989 c.64 §1; 2015 c.804 §3]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.920 - Creation of new lands upon submersible or submerged lands.

No one other than the United States, while engaged in the promotion of navigation, shall artificially create new lands by fill or deposit upon submersible or submerged lands without the approval of the owner of such lands and the owner of the adjoining or opposite upland on the same side of the body of water. [1963 c.376 §4; 1973 c.203 §7]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.925 - Right of public riparian owner to purchase new lands; price determination.

(1) Whenever the United States, while engaged in the promotion of navigation, creates new lands upon submersible or submerged lands owned by the state and the adjoining or opposite upland or riparian land on the same side of the body of water is owned by a public body, the public body has the right to purchase the new lands as provided in this section. The public body shall pay to the Department of State Lands for the new lands a sum equal to the difference between the value of the tract, consisting of the new lands and the adjoining or opposite upland on the same side of the body of water, and the value of the adjoining or opposite upland before the creation of the new lands and an amount prescribed by the department to pay its administrative costs incurred with respect to the new lands. Such payment shall be made by the public body within one year after the date of the receipt by it of actual notice by the department of the creation of the new lands, the sum equal to the difference between the value of the tract, consisting of the new lands and the adjoining or opposite upland on the same side of the body of water, and the value of the adjoining or opposite upland before the creation of the new lands and the administrative costs incurred by the department with respect to new lands. If the public body fails to make payment for the new lands as provided in this subsection within one year after the date of such notice, the department may dispose of the new lands as provided in ORS 274.915.
(2) If a public body and the department cannot agree on the sum to be paid under subsection (1) of this section, the sum to be paid shall be determined by three appraisers, one appointed by the public body, one by the department, and the third by the first two, and their determination shall be final. The cost of the third appraiser shall be borne equally by the public body and the department. [1963 c.376 §5; 1965 c.375 §4; 1967 c.82 §1; 1973 c.203 §4]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.929 - Right of nonpublic riparian owner to purchase certain new lands; price determination.

(1) Whenever the United States, while engaged in the promotion of navigation, creates new lands upon submersible or submerged lands owned by the state and the adjoining or opposite upland or riparian land on the same side of the body of water is owned by other than a public body, the nonpublic riparian owner has the right to purchase the new lands as provided in this section.
(2) A nonpublic riparian owner entitled to purchase the new lands under subsection (1) of this section shall pay to the Department of State Lands for the new lands a sum equal to the difference between the value of the tract, consisting of the new lands and the adjoining or opposite upland on the same side of the body of water, and the value of the adjoining or opposite upland before the creation of the new lands and an amount prescribed by the department to pay its administrative costs incurred with respect to the new lands. Such payment shall be made by the nonpublic riparian owner within six months after the date of the receipt by the nonpublic riparian owner of actual official notice by the department of the creation of the new lands, the sum equal to the difference between the value of the tract, consisting of the new lands and the adjoining or opposite upland on the same side of the body of water, and the value of the adjoining or opposite upland before the creation of the new lands and administrative costs incurred by the department with respect to the new lands. If the nonpublic riparian owner fails to make payment for the new lands as provided in this subsection, the department, after the expiration of the six-month period, may dispose of the new lands as provided in ORS 274.915.
(3) If a nonpublic riparian owner and the department cannot agree on the sum to be paid under subsection (2) of this section, the sum to be paid shall be determined by three appraisers, one appointed by the nonpublic riparian owner, one by the department, and the third by the first two, and their determination shall be final. The cost of the third appraiser shall be borne equally by the nonpublic riparian owner and the department.
(4) Notwithstanding ORS 274.905 (2), this section applies only to new lands created on or after October 5, 1973. [1973 c.203 §2; 2015 c.804 §4]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.932 - Right of public body to purchase new lands created by it; price determination.

(1) Whenever a public body, in accordance with ORS 274.920, creates new lands upon submersible or submerged lands owned by the state, the public body has the right to purchase the new lands as provided in this section. The public body shall pay to the Department of State Lands for the new lands the value of the state-owned submersible or submerged lands upon which the new lands were created immediately prior to the creation of the new lands thereon and an amount prescribed by the department to pay its administrative costs incurred with respect to the new lands. Such payment shall be made by the public body within one year after the date of the receipt by it of actual notice by the department of the creation of the new lands, the value of the state-owned submersible or submerged lands upon which the new lands were created and the administrative costs incurred by the department with respect to the new lands. If the public body fails to make payment for the new lands as provided in this subsection within one year after the date of the notice by the department, the department may dispose of the new lands as provided in ORS 274.915.
(2) If a public body and the department cannot agree on the value of the state-owned submersible or submerged lands upon which the new lands were created under subsection (1) of this section, the value shall be determined by three appraisers, one appointed by the public body, one appointed by the department and the third appointed by the first two. The determination of the appraisers shall be final. The cost of the third appraiser shall be borne equally by the public body and the department. [1973 c.203 §5]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.935 - Ownership, by nonpublic owner of submersible or submerged lands, of new lands created thereon.

Whenever new lands are created upon submersible or submerged lands owned by other than a public body, such new lands shall be owned by the owner of the submersible or submerged lands upon which the new lands are created. [1963 c.376 §8]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.937 - Right of individual to purchase new lands created by individual; price determination.

(1) Whenever an individual, in accordance with ORS 274.920, creates new lands upon submersible or submerged lands owned by the state, such individual has the right to purchase the new lands as provided in this section. The individual shall pay to the Department of State Lands for the new lands the value of the state-owned submersible or submerged lands upon which the new lands were created immediately prior to the creation of the new lands thereon and a reasonable portion of the private benefit realized from the creation of the new lands as an addition to the adjoining or opposite upland in front of which the new lands were created. The individual shall also pay to the department for the new lands the administrative costs incurred by the department with respect to the new lands. If the individual fails to make payment for the new lands as provided in this subsection within six months after the date of the notice by the department, the department may dispose of the new lands as provided in ORS 274.915.
(2) If an individual and the department cannot agree on the sum to be paid for new lands under subsection (1) of this section, the sum to be paid shall be determined by three appraisers, one appointed by the individual, one appointed by the department and the third appointed by the first two. The determination of the appraisers shall be final. The cost of the third appraiser shall be borne equally by the individual and the department. [1973 c.203 §6]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.940 - Reservation of historically filled lands or new lands.

(1) Notwithstanding any contrary provision of ORS 274.905 to 274.940, the Department of State Lands may reserve historically filled lands or new lands from sale, transfer or lease where upon notice and hearing the department determines that the public interest requires the lands to be preserved for recreation, conservation of fish and wildlife or the development of navigation facilities.
(2) If lands are reserved from sale, transfer or lease under this section, the adjoining or opposite upland or riparian owner shall be allowed reasonable access to navigable water across the reserved historically filled lands or new lands.
(3) A determination that the public interest requires historically filled lands or new lands to be reserved under this section is not a final agency order. [1963 c.376 §7; 1967 c.421 §178; 1973 c.203 §8; 2015 c.804 §5]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.945 - Collection of shellfish mariculture records.

(1) The Department of Land Conservation and Development shall receive, consolidate and organize the public records of federal, state or local government, special government bodies or other public bodies related to shellfish mariculture in this state. The department shall establish an electronic system to store and share the public record information. The public records that the department collects under this section shall include, but are not limited to, records related to:
(a) Estuary management plans;
(b) Estuarine habitat technical information;
(c) Native shellfish beds;
(d) Commercial plats;
(e) Fish and wildlife use;
(f) Ongoing recreational and commercial use;
(g) Ownership information regarding tidelands;
(h) Encumbrances on state-owned tidelands; and
(i) Land use plans and zoning for estuaries that have potential for aquaculture operations and for other estuaries.
(2) The department shall organize data and other material contained in the public records stored by the electronic system into formats suitable for access by governments, industry groups, public interest groups and other stakeholders.
(3) Except as provided in this subsection, the department shall make output from the electronic system publicly accessible. If information received into the system is exempt under ORS 192.355 or conditionally exempt from disclosure under ORS 192.345, the department shall make access to the information conditional upon receipt of permission from the public body that originally generated the public record. [2019 c.654 §1]
Note:
274.945 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 274 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.950 - Jurisdiction to assert title to historically filled lands; requirements.

(1) Except as provided in subsection (2) of this section, the State Land Board may not in any manner assert title to historically filled lands, as defined in ORS 274.905, unless, prior to December 31, 2025:
(a) The board makes a declaration under ORS 274.954 that asserts title to the historically filled lands; and
(b) Notice of the board’s declaration was given as required under ORS 274.956.
(2) Subsection (1) of this section does not apply to:
(a) Historically filled lands, as defined in ORS 274.905, over which the State Land Board asserted title prior to January 1, 2016;
(b) Historically filled lands fronting upon the Pacific Ocean; or
(c) Lands in that portion of the Lower Willamette River that includes the Portland Harbor Superfund Site.
(3) Nothing contained in ORS 274.950 to 274.956 shall divest the State of Oregon of its rights to minerals, oil, gas and sulfur. [2015 c.804 §7]
Note:
274.950 to 274.956 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 274 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.952 - Determination of state interest in historically filled lands; study; procedures.

(1)(a) The State Land Board shall direct the Department of State Lands to determine whether any interest remains or is vested in the State of Oregon with respect to historically filled lands, as defined in ORS 274.905, in:
(A) Waterways of the state subject to tidal influence;
(B) Waterways of this state that have been administratively or judicially determined navigable pursuant to ORS 274.400 to 274.412; and
(C) Waterways in which the state has asserted ownership prior to the enactment of ORS 274.402 on September 9, 1995.
(b) Nothing contained in paragraph (a)(C) of this section is intended to affect the ability of a court of competent jurisdiction to make a determination with respect to a private claim to or interest in real property.
(c) In directing a determination by the department under this subsection, the board may designate a specifically described area of land within which the department shall make its determination.
(2) Upon direction by the board under subsection (1) of this section, the department shall conduct a study to make the determination. In completing the study, the department shall comply with the following procedures:
(a) The department shall provide prompt public notice to affected property owners that the department is beginning the study.
(b) Upon completion of a study directed under subsection (1) of this section, the department shall prepare and submit to the board a draft report setting forth the department’s findings and conclusions as to whether any historically filled lands, as defined in ORS 274.905, are located within the area under study and, if so, the extent of the State of Oregon’s interest in the historically filled lands.
(c) The department shall provide appropriate prior public notice to affected property owners and other interested parties concerning the draft report. The notice shall provide an opportunity for a public hearing in the area of the affected lands and an opportunity for the public to submit written comments on the draft report and to submit testimony or other evidence concerning the presence of historically filled lands, as defined in ORS 274.905, or the State of Oregon’s interest in the historically filled lands.
(3) Following the public hearing under subsection (2) of this section, the board may adopt the draft report submitted by the department as final if substantial evidence in the record supports the report’s findings and conclusions, or the board may refer the report to the department for further action as determined by the board. [2015 c.804 §8]
Note:
See note under 274.950.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.954 - Declaration of state’s claim; effect.

(1) Upon the adoption of a final report by the State Land Board under ORS 274.952, the board shall declare the nature and extent of the state’s claim to any interest that remains or is vested in the State of Oregon with respect to historically filled lands described in the report.
(2) A declaration made by the board pursuant to subsection (1) of this section shall be binding upon the State of Oregon with respect to the interest, if any, of the State of Oregon in historically filled lands described in the declaration.
(3) A declaration under this section is not a final order as defined in ORS 183.310.
(4) Nothing contained in this section is intended to affect the ability of a court of competent jurisdiction to make a determination with respect to a private claim to or interest in real property. [2015 c.804 §9]
Note:
See note under 274.950.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.956 - Public notice of claim; content.

Immediately following a declaration made by the State Land Board pursuant to ORS 274.954, the board shall:
(1) Cause reasonable public notice of the declaration to be given to interested parties. The notice shall describe the land or waterway affected and the nature and extent of the state’s claim. Notice under this section need not describe the land or waterway in legal terms, but by the use of common descriptions or maps shall be designed to identify the land or waterway in a manner intelligible to the layperson and useful in establishing the exact location of the state claim in relation to existing legal descriptions.
(2) Give notice to each owner of record of land described in the declaration by transmitting by registered mail or by certified mail, return receipt requested, a copy of the declaration made with respect to the land and a statement informing the owner of record of a point of contact at the Department of State Lands, and of options available to the owner of record based on the notice. [2015 c.804 §10]
Note:
See note under 274.950.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.990 - Criminal penalties.

Violation of ORS 274.745 or 274.895, or any rule promulgated under such sections, is a misdemeanor. [Amended by 1967 c.421 §179; part renumbered 390.990; 1969 c.594 §48]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.992 - Civil penalties.

(1) Any person who violates any provision of ORS 274.040, 274.873 or 274.879, any rule, order or lease adopted or issued under ORS 274.040, 274.873 or 274.876 or any rule adopted under ORS 274.879 shall be subject to a civil penalty in an amount to be determined by the Director of the Department of State Lands of not more than $1,000 per day of violation.
(2) Civil penalties under this section shall be imposed in the manner provided in ORS 183.745.
(3) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law.
(4) Any civil penalty recovered under this section for violation of ORS 274.040, 274.873 or 274.879 or any rule, order or lease adopted or issued under ORS 274.040, 274.873, 274.876 or 274.879 shall be deposited in the Common School Fund for use by the Department of State Lands in administration of ORS 274.040, 274.873 or 274.879 and as otherwise required by law. [1991 c.521 §4; 1991 c.734 §113; 2013 c.345 §2; 2015 c.386 §8]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.994 - Amount of civil penalties; rules; considerations in imposing penalty.

(1) The Director of the Department of State Lands shall adopt by rule the amount of civil penalty that may be imposed for a particular violation of ORS 274.040, 274.873 or 274.879.
(2) In imposing a penalty under the schedule adopted under subsection (1) of this section, the director shall consider the following factors:
(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.
(b) Any prior violations of statutes, rules, orders and leases pertaining to submerged and submersible lands.
(c) The impact of the violation on public interests in fishery, navigation and recreation.
(d) Any other factors determined by the director to be relevant and consistent with the policy of ORS 274.040, 274.873 or 274.879.
(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the director determines to be proper and consistent with the policy of ORS 274.040, 274.873 or 274.879. Upon the request of the person incurring the penalty, the director shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated. [1991 c.521 §5; 2013 c.345 §3; 2015 c.386 §9]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 275 - County Lands › Section 275.020 - Form and effect of conveyance to county.

All real or personal estate conveyed by any form of conveyance, and duly acknowledged and recorded, to the inhabitants of any county, or to the county treasurer, or to any committee or other persons for the use of such county, shall be deemed the property of such county. All such conveyances shall have the same force and effect as if made to the inhabitants of such county by their corporate name.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 275 - County Lands › Section 275.030 - Sale of real estate not in use for county purposes.

(1) Except as otherwise provided by statute, the county governing body may, whenever it deems it to the best interest of the county so to do, sell and convey, in the manner provided for sale of county land under ORS 275.120, 275.140 to 275.160 and 275.180 to 275.260, any real estate owned by the county and not in use for county purposes. The sale shall be directed by an order of the county governing body entered upon the journals.
(2) A county may sell and convey real estate owned by the county in a manner provided in ORS chapter 271 if the real estate was not acquired by foreclosure for nonpayment of real property taxes and the county governing body deems it not to the best interest of the county to sell and convey in the manner provided under ORS 275.120, 275.140 to 275.160 and 275.180 to 275.260. [Amended by 1981 c.602 §1; 1983 c.537 §1; 2001 c.649 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 275 - County Lands › Section 275.040 - Conveyance pursuant to ORS 275.030.

The conveyance transferring the real estate sold pursuant to ORS 275.030 to the purchaser thereof shall contain the date of the order authorizing such sale and the page and journal where the order is entered. The conveyance shall be signed by the county judge or the chairperson of the board of county commissioners and acknowledged in the manner provided by law for acknowledgment of other conveyances of real estate. A conveyance so made conveys all the interest of the county in the property described therein. [Amended by 1983 c.537 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 275 - County Lands › Section 275.060 - Authority to exchange lands offered for sale and not sold.

(1) Except as otherwise provided by statute, the governing body of a county may exchange county land of any character, which has first been offered for sale but not sold for want of a satisfactory bid, for other lands of equal value to which the owner thereof can give clear title and which are free of all liens and encumbrances.
(2) Exchanges may be effected between the county and an individual, partnership or corporation. Thirty days prior to the consummation of the exchange, notice of intention to exchange, setting forth the legal description of the property to be exchanged, together with the appraised value as recently determined by the governing body of the county and the legal description of the property to be acquired in exchange, shall be published for two successive weeks in a newspaper of general circulation in the county. At any time before an exchange is actually made, written objection thereto may be filed by any interested person and the governing body of the county shall consider any such objection, and at its discretion may conduct hearings thereon. If, after duly considering such objection, the governing body of the county still deems that the proposed exchange is for the best interests of the county, the governing body may proceed with the exchange and its determination in that respect shall be final.
(3) Lands received by the county in exchange may be sold, leased or exchanged the same as might have been done with the lands originally exchanged. [Amended by 2005 c.243 §10]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 275 - County Lands › Section 275.070 - Sale or donation to United States, state, government corporation or Indian tribe; procedure.

(1) Any county governing body may grant an option to purchase, contract to sell, sell and convey, or donate any real property owned by the county, including real property acquired pursuant to tax foreclosure proceedings, at such price and on such terms as the county governing body may deem to be for the best interests of the county to:
(a) The United States;
(b) The State of Oregon;
(c) A corporation, the majority of whose capital stock is owned by the United States; or
(d) An eligible Indian tribe, as defined in ORS 307.181.
(2) The resolution of the county governing body to grant an option to purchase, contract to sell, sell and convey, or donate described in subsection (1) of this section must be entered by the governing body upon its journal and any option to purchase, contract to sell, sale and conveyance, or donation executed pursuant to this section must be signed on behalf of the county by the county judge or the chairperson of the board of county commissioners and acknowledged in the manner prescribed by law.
(3) The county governing body may receive as partial or full consideration for any sale or conveyance under this section, other real property or stumpage at a value determined by inspection and appraisal made by the county governing body or by a board of three appraisers appointed by the governing body. [Amended by 1983 c.537 §3; 2015 c.354 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 275 - County Lands › Section 275.080 - Sale of county lands for public water supply purposes; procedure; title to land and timber.

(1) The governing body of a county may sell in the manner provided for sale of county land under ORS 275.120, 275.140 to 275.160 and 275.180 to 275.260, and convey to any person or corporation impounding and selling water to the public, any lands acquired by such county through foreclosure of tax liens or otherwise, when, in the discretion of the governing body of the county, the conveyance is necessary for the preservation or protection of any watershed from which water is being impounded and sold to the public by such person or corporation.
(2) Legal title to timber on such lands shall remain in the county and such timber shall not be removed therefrom except with the express written consent of and under the direct supervision of the State Board of Forestry.
(3) Should any such lands so conveyed cease to be used to preserve and protect the watershed for which it was conveyed, or if the person or corporation does not take water from the watershed for a period of one year, legal title to such land shall immediately revert to and revest in the county without the necessity of reentry. [Amended by 1981 c.602 §2; 2005 c.243 §11]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 275 - County Lands › Section 275.088 - Sale to certain county officers or employees of real property acquired by foreclosure of tax lien; disposition of real property or proceeds of sale of real property acquired by ineligible purchaser.

(1) As used in this section:
(a) "Actual conflict of interest" has the meaning given that term under ORS 244.020.
(b) "Bona fide purchaser" means a purchaser of a fee simple interest in a single property who acquires the property in an arm’s-length transaction and for fair market value and adequate consideration.
(c) "Discretionary action" means an action committed to the sound judgment and conscience of a county officer or a county employee, acting in the official capacity of the officer or employee.
(d) "Ministerial action" means an action requiring obedience to specific instructions or law and allowing little or no discretion in its implementation.
(2) An elected or appointed county officer as described in ORS 204.005, a family member of the officer or an intermediary of either may not purchase from the county, directly or indirectly, real property obtained by foreclosure of delinquent tax liens.
(3) A county employee not included under subsection (2) of this section, a family member of the county employee or an intermediary of either may not purchase from the county, directly or indirectly, real property obtained by foreclosure of delinquent tax liens if the county employee has an actual conflict of interest related to the real property. An actual conflict of interest may be created under this section by the discretionary action of a county employee related to the foreclosure, sale or transfer of the real property by the county, but is not created by the ministerial action of the county employee.
(4) In addition to and not in lieu of a penalty or sanction that may apply under ORS chapter 244 or otherwise, if real property is purchased in violation of this section, the county officer or employee shall:
(a) Transfer the real property to the county for the amount paid for the property less an amount for expenses incurred by the county; or
(b) If the real property has been transferred by the county officer or employee to a bona fide purchaser, transfer to the county the amount received for the sale to a bona fide purchaser less the amount paid to obtain the property from the county. [2001 c.180 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 275 - County Lands › Section 275.090 - Powers of county as to lands acquired on foreclosure of tax liens, or by exchange, devise or gift.

The governing body of each county shall have the following powers and duties with respect to all lands acquired by the county by foreclosure of delinquent tax liens, or by exchange, devise or gift:
(1) To protect such lands from fire, disease and insect pests, to cooperate with the United States of America, the State of Oregon, and with the agencies of both, with persons owning lands within such counties, and with other counties of the State of Oregon in the protection of such county-owned lands and to enter into all agreements necessary or convenient therefor.
(2) To sell, exchange, and lease such lands or any portion of or interest in the same less than the whole fee.
(3) To grant easements and rights of way over, through and across such lands.
(4) To reforest cut-over or burned-over timberlands and to cooperate with the United States of America, the State of Oregon and the agencies of both, and with other counties of the State of Oregon, and with persons, firms and corporations owning timberlands within such county in such reforestation and to make all agreements necessary or convenient therefor.
(5) To make all rules and regulations, not inconsistent with law, necessary or convenient for the protection, administration, operation, conveyance, leasing and acquisition of lands.
(6) To employ such assistance as may be necessary to carry out the provisions of ORS 275.090 to 275.316 and to cooperate with other counties in this state in such employment. [Amended by 1969 c.595 §10; 2005 c.243 §12]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 275 - County Lands › Section 275.105 - Acquisition by county of 90 percent of the lots in a plat for taxes and purchase of remaining lots; vacation of whole plat.

If any county has bid in and acquired for taxes and has received a deed for not less than 90 percent of the number of the lots in any addition or subdivision or plat, and if it considers it wise so to do, the governing body of the county shall, by order duly made and entered, authorize the purchase of such remaining lots from the owners or may exchange for the lots other lots owned by such county. Upon acquiring title to all the lots in any addition or subdivision or plat, it may enter an order vacating the whole of such addition, subdivision or plat. If any remaining lots are purchased by the county pursuant to this section, the purchase price of the lots shall not be greater than the real market value of the lots, and if other lots are exchanged for the remaining lots, those lots shall be accepted in full payment of the purchase price of the lots for which they are exchanged. [Amended by 1981 c.804 §78; 1991 c.459 §372; 2005 c.243 §13]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 275 - County Lands › Section 275.110 - Order to sell certain county lands; exception.

(1) When the governing body of a county considers it to be for the best interests of the county to sell any real property acquired in any manner by such county, or any interest therein less than the whole fee, it shall enter an order upon its records directing the sheriff to make sale thereof, and fix the minimum price for which each interest, parcel or group of parcels may be sold and the conditions and terms of sale. The order may be amended from time to time or revoked as the governing body deems proper.
(2) Subsection (1) of this section and ORS 275.120 to 275.160 do not apply to the sale of any real property to any other public body or to the sale of any real property that is an industrial facility as defined by ORS 271.510. The sale of industrial facilities shall be made in the manner provided by ORS 271.510 to 271.540. [Amended by 1981 c.602 §3; 1983 c.494 §2; 1983 c.537 §4; 1983 c.740 §72; 1985 c.565 §43; 2005 c.243 §14]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 275 - County Lands › Section 275.120 - Sheriff’s notice of sale.

(1) Upon receipt of a certified copy of the order referred to in ORS 275.110, the sheriff shall publish a notice of the sale of such property in a newspaper of general circulation, printed and published in the county where the land is situated, once each week for four consecutive weeks prior to such sale.
(2) The notice shall state:
(a) The time and place of sale;
(b) The description of the property or interest therein to be sold;
(c) If available from the tax roll, the real market value of the property or interest to be sold as evidenced by the last roll certified under ORS 311.105 on which the property was included;
(d) The minimum price for the property or interest to be sold, as fixed by the governing body of the county, which may be lower than the tax roll value;
(e) The date of the order directing the sale; and
(f) Such other matters as the governing body of the county deems pertinent.
(3) Proof of publication of the notice shall be made in the same manner as proof of publication of summons is made, and shall be filed by the sheriff with the county clerk of the county, and then recorded in the deed record of the county. [Amended by 1981 c.602 §4; 1989 c.223 §1; 1995 c.79 §93; 2005 c.243 §15]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 275 - County Lands › Section 275.130 - Claims of municipal corporations against the land to be filed prior to sale.

Prior to the date set for the sale of property as indicated in the notice of sale required under ORS 275.120, a municipal corporation may file with the county clerk notice that the municipal corporation has a lien arising out of an assessment for local improvement against the property described in the notice. The notice shall identify each property described in the notice to which a lien for assessment for local improvement has attached and shall state the principal amount of the lien and the interest thereon to date. Upon receipt of the notice, the county clerk shall forward a copy of the notice to the county treasurer and to the county employee responsible for the management of county-owned real property acquired by the foreclosure of delinquent property taxes. A notice filed within the time and in the manner permitted under this section shall preserve the rights of a municipal corporation to a distribution under ORS 275.275 (3)(a)(A). [Amended by 1997 c.805 §3]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 275 - County Lands › Section 275.140 - Time and place of sale.

All sales shall be made in the county in which the land is situated between the hours of 10 a.m. and 4 p.m., and may be adjourned from day to day for not to exceed 30 days by the sheriff, by public announcement made by the sheriff at the time and place designated in the notice of sale or at the time and place to which the sale may be adjourned. [Amended by 1971 c.120 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 275 - County Lands › Section 275.150 - Certificate of sale.

At the time of sale, the sheriff shall give to each purchaser a certificate containing a particular description of the property sold, the whole purchase price, the amount paid in cash and the dates upon which future payments will become due. [Amended by 1997 c.805 §4]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 275 - County Lands › Section 275.180 - Sale to record owner or contract purchaser of property; conditions.

(1) The governing body of a county may at any time, without the publication of any notice, sell and convey by deed to the record owner or the contract purchaser of record, any property acquired by the county for delinquent taxes for not less than the amount of taxes and interest accrued and charged against such property at the time of purchase by the county with interest thereon at the rate of six percent per annum from the date of such purchase.
(2) All such sales of any such property to the record owner or the contract purchaser of record shall be subject to all liens or claims arising out of any assessment for a local improvement levied against such property, or any part thereof, by any municipal corporation and remaining unsatisfied, and also shall be subject to any title or equity of the municipal corporation predicated upon or growing out of any such lien or assessment. [Amended by 1973 c.843 §1; 1975 c.657 §1; 2005 c.243 §17]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 275 - County Lands › Section 275.188 - Definitions for ORS 275.110 to 275.250.

(1) As used in ORS 275.110 to 275.250, "purchase agreement" means a purchase money mortgage, a purchase money trust deed, a land sale contract or any other written purchase agreement other than an earnest money agreement that requires payment of an earnest money deposit upon execution and payment of the outstanding balance in one additional payment.
(2) As used in ORS 275.190, "for cash," when used to describe the terms of a sale of county property, includes a sale pursuant to an earnest money agreement that requires payment of an earnest money deposit upon execution and payment of the outstanding balance in one additional payment. [2005 c.243 §2]
Note:
275.188 was added to and made a part of 275.110 to 275.250 by legislative action but was not added to any other series in ORS chapter 275. See Preface to Oregon Revised Statutes for further explanation.