Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 67 - RULES GOVERNING THE SALE, EXCHANGE AND PURCHASE OF LAND › Section 141-067-0150 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Abutting"
			 means immediately adjacent to or facing.
(2) "Apparent Successful Purchaser" is the
			 person who is the highest acceptable bidder and who has agreed to the terms and
			 conditions of a land sale prior to the final approval of the sale by the State
			 Land Board.
(3) "Applicant" is any
			 person who submits a written request to the Department to purchase or exchange
			 state land or interests in land.
(4) "Appraisal" or "Appraisal Report" means a
			 written statement setting forth an opinion as to the market value of the lands
			 or interests in lands as of a specific date(s) prepared by a qualified
			 appraiser in accordance with the Uniform Standards of Professional Appraisal
			 Practices (USPAP) standards.
(5)
			 "Asset Management Plan" or "AMP" is the plan adopted by the State Land Board
			 that provides the policy direction and management principles to guide both the
			 short and long term management by the Department of State Lands of its real
			 estate assets.
(6) "Bargain" is a
			 process by which the Department and another person attempt to agree to a final
			 sale price of state land or interests in state land.
(7) "Bargain and Sale Deed" is a form of a
			 deed that conveys real property from a seller to a buyer but does not guarantee
			 clear title.
(8) "Bid" means a
			 written or oral monetary commitment to purchase land or interest in land
			 offered at the specified time and place by a person determined by the
			 Department as provided in OAR 141-067-0220  of these rules to be eligible to
			 participate in an auction process.
(9) "Deed" means a written, legal instrument
			 that conveys an estate or interest in real property when it is properly
			 executed and delivered.
(10)
			 "Director" means the Director of the Oregon Department of State Lands or
			 designee.
(11) "Department" means
			 the Department of State Lands.
(12) "Department Estimate of Value" is the
			 monetary value of a land parcel established by the Department and approved by
			 the State Land Board based on a critical review of the appraisal report; any
			 review appraisal information; and other relevant or supporting data. The value
			 may be derived, at the discretion of the Director, by considering factors or
			 costs as are appropriate and applicable to the transaction.
(13) "Easement" is an authorization granted
			 by the Department that gives a person the use of a specifically designated
			 parcel of state-owned land for a specific purpose and length of time. An
			 easement does not convey any proprietary or other rights of use to the holder
			 other than those specifically granted in the easement authorization.
(14) "Filled Lands" as defined in ORS
			 274.705(1)
			 means submerged and submersible lands reclaimed artificially through raising
			 such lands above the highest probable elevation of the tides to form dry land,
			 by placement of a fill or deposit of earth, rock, sand or other solid
			 imperishable material.
(15)
			 "Formerly Submerged and Submersible Lands" are lands such as de-watered
			 channels that once were part of the submerged and submersible lands of a
			 navigable body of water but are no longer part of the waterway due to the
			 dynamic forces of the waterway.
(16) "Geothermal Resources" as defined in ORS
			 522.005 means the natural heat
			 of the earth, the energy, in whatever form, below the surface of the earth
			 present in, resulting from, or created by, or that may be extracted from, the
			 natural heat, and all minerals in solution or other products obtained from
			 naturally heated fluids, brines, associated gases, and steam in whatever form,
			 found below the surface of the earth, exclusive of helium or of oil,
			 hydrocarbon gas or other hydrocarbon substances, but including, specifically:
(a) All products of geothermal processes,
			 including indigenous steam, hot water and hot brines;
(b) Steam and other gases, hot water and hot
			 brines resulting from water, gas, or other fluids artificially introduced into
			 geothermal formations;
(c) Heat or
			 other associated energy found in geothermal formations; and
(d) Any by-product derived from them.