Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 67 - RULES GOVERNING THE SALE, EXCHANGE AND PURCHASE OF LAND › Section 141-067-0155 - Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to
			 Article VIII, Section 5(2) of the Oregon Constitution, the State Land Board has
			 a constitutional responsibility to manage all land (Trust and Non-Trust) under
			 its jurisdiction "with the object of obtaining the greatest benefit for the
			 people of this state, consistent with the conservation of this resource under
			 sound techniques of land management."
(2) In order to achieve the constitutional
			 mandate described above and to maximize the financial return to the Common
			 School Fund from Trust Lands, the Department will seek to obtain the full fair
			 market value for any land or interests in land sold or exchanged.
(3) Trust Lands will be sold or exchanged in
			 a manner that complies with state law while ensuring absolute adherence to both
			 constitutional and Admission Act trust responsibilities as determined by the
			 State Land Board and subject to review by the courts.
(4) The Department will follow the guiding
			 principles and resource-specific management prescriptions contained in the
			 Asset Management Plan.
(5) In
			 order to carry out the directives of the Asset Management Plan the Department
			 may initiate efforts, subject to approval of the State Land Board, to purchase,
			 sell or exchange Trust and/or Non-Trust Lands.
(6) Any Trust Land or interest in Trust Land
			 may be exchanged for other land or interest in land, of equal or superior
			 value. The newly acquired land or interest in land shall become Trust Land.
(7) The Director may, with State
			 Land Board approval, purchase, sell or exchange lands in any such size,
			 configuration or class (e.g. forest, agriculture, commercial).
(8) The State Forester may initiate and
			 process land exchanges involving Common School Forest Lands under its
			 management as allowed in the management agreement between State Land Board, the
			 Department of State Lands and the State Forester. Such land exchanges require
			 the approval of the State Land Board.
(9) Qualified persons and agencies may apply
			 to purchase or exchange state land or interests in state land at any time. An
			 application fee, as required by these rules, shall be included with each
			 application. The Department reserves the right to accept or reject any
			 application as well as to prioritize land sale and exchange projects according
			 to available agency funds and income potential.
(10) The Department will not sell or exchange
			 state-owned submerged land except to facilitate remedial action conducted
			 pursuant to a plan approved by the Oregon Department of Environmental Quality
			 (DEQ) or the U.S. Environmental Protection Agency (EPA) and with DEQ or EPA
			 oversight. In instances when the Department chooses to sell or exchange
			 submerged lands under circumstances as stated in these rules, such transaction
			 shall occur only upon a finding that the transaction will provide a net gain in
			 public trust values to the people of Oregon when viewed alone or in conjunction
			 with other nearby or related sites. The State Land Board must approve all sales
			 or exchanges of state-owned submerged land.
(11) The Department recognizes that
			 uncertainty exists as to the extent of the State's ownership of some formerly
			 submerged and submersible lands. Actions to determine and assert the State's
			 interest, if any, in formerly sub-merged and submersible land should be done in
			 a prompt and orderly manner and as funding allows. The State Land Board
			 authorizes the Department to negotiate settlements in lieu of litigation, when
			 and where appropriate, with regard to the ownership of formerly submerged and
			 submersible lands.
(12) The
			 Department may exchange or sell submersible lands subject to the approval of
			 the State Land Board, based on its finding that the proposed transaction will
			 accrue a net gain of public trust values to the people of Oregon when viewed
			 alone or in conjunction with other nearby or related lands within the control
			 of the applicant.
(13) The State
			 Land Board authorizes the Director or designee to issue such certificates of
			 sale, deeds or conveyances as are necessary to carry out the land transactions
			 approved by the State Land Board in conformance with these rules. Such
			 instruments shall include, but not be limited to bargain and sale, limited
			 warranty and quitclaim deeds, and be drawn in a manner to transfer any and all
			 rights and interests to the buyer/exchange partner that the Department may hold
			 or has agreed to convey.
(14) Land
			 or interest in land sold to another state agency or political subdivision under
			 the provisions of ORS
			 270.100 shall be used for public
			 purpose or benefit, and not be sold for resale to a private purchaser.
			 Restrictions to further this policy shall be included in the deed and be
			 enforceable through such terms as, but not limited to, reversionary clauses.
(15) The State Land Board shall
			 recognize and adhere to all terms and conditions of valid existing leases and
			 easements as they affect proposed land sales or exchanges.
(16) The State Land Board shall retain all
			 mineral and geothermal resource rights (as defined) except as allowed under OAR
			 141-067-0320.
(17) The Department
			 will seek certification of these rules by the Department of Administrative
			 Services (DAS) as permitted under OAR 125-045-0210. These rules are intended to
			 carry out land transactions in a manner consistent with DAS rules for the
			 Disposition and Acquisition of Real Property Interests (OAR 125-045).
(18) DAS approval is not required
			 for:
(a) Sale of Non-Trust Land (except those
			 lands sold at less than the appraised value);
(b) Sale of Trust Land;
(c) Any land exchange;
(d) Any release, sale or exchange of mineral
			 and geothermal resource rights.