Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 68 - IDENTIFICATION, NOTIFICATION, SALE AND EXCHANGE, CLEARING TITLE, OR RESERVATION OF HISTORICALLY FILLED LANDS, AND APPROVAL TO CREATE, SELL, EXCHANGE OR RESERVE NEW LANDS › Section 141-068-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Abutting"
			 means immediately adjacent to or facing.
(2)"Affected Property Owners" refers to those
			 people listed in the records of the county assessor as owners of property
			 fronting, abutting or underlying, or having a recorded easement allowing access
			 to a waterway segment at the time that the Department undertakes a State's
			 interest study of the subject waterway.
(3) "Applicant" is any person who submits a
			 written request to the Department to create, purchase or exchange 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) "Deed" means a written, legal instrument
			 that conveys an estate or interest in real property when it is properly
			 executed and delivered.
(6)
			 "Department" means the Department of State Lands.
(7) "Declaration" is a written statement by
			 the Land Board concerning the nature and extent of the state's interest to
			 historically filled lands in a waterway segment under study.
(8) "Director" means the Director of the
			 Oregon Department of State Lands or designee.
(9) "Easement" is an authorization granted
			 that gives a person the use of a specifically designated parcel of 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.
(10) "Fair Market Value" means the most
			 probable price, as of a specified date, in cash, or in terms equivalent to cash
			 for which the specified property rights should sell after reasonable exposure
			 in a competitive market under all conditions requisite to a fair sale, with the
			 buyer and seller acting prudently, knowledgeably, and assuming that neither is
			 under undue duress.
(11)
			 "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.