Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 123 - RULES FOR GRANTING EASEMENTS ON NON-TRUST LANDS › Section 141-123-0030 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Applicant" is
			 any person applying for an easement.
(2) "Appraised Value" means an estimate of
			 current market value of the property (not including improvements) as of a
			 specific date, prepared by a qualified independent appraiser in accordance with
			 the Uniform Standards of Professional Appraisal Practice (USPAP)
			 standards.
(3) "Authorized Area" is
			 the area of state-owned land defined in the easement for which a use is
			 authorized.
(4) "Cable" means a
			 conductor of electricity or light with insulation, or a combination of
			 conductors insulated from one another within a single jacket or
			 sheath.
(5) "Circuit" means a
			 system of conductors through which an electric current is intended to flow. A
			 single pole or transmission tower may support one or more circuits, each of
			 which may consist of up to four separate conductors.
(6) "City" means a city incorporated under
			 ORS
			 221.020 through
			 221.100.
(7) "City Limits" refers to the boundaries of
			 a city incorporated under ORS
			 221.020 through
			 221.100.
(8) "Communication Line" is any cable
			 including fiber optic cable which transmits electronic information, telephone
			 or television signals or other data.
(9) "Comparative Compensatory Payment" is the
			 amount of money paid to owners of parcels that are similar to the state-owned
			 land requested by an applicant for a use that is the same as, or similar to
			 that requested by an applicant. When the applicant's requested use is in, on or
			 over Trust Land, the comparative compensatory payment is the maximum amount of
			 money private landowners receive for the same or similar uses in, on or over
			 parcels that they own that are similar to the Trust Land requested by the
			 applicant.
(10) "Compensation" or
			 "Compensatory Payment" is the amount of money paid or something of equal value
			 provided for an easement to the Department for the use of Department managed
			 land.
(11) "Conduit" is a pipe that
			 protects cables from damage. It may be buried or used in above-ground
			 applications such as bridge crossings. Innerducts may be installed within a
			 conduit to facilitate individual cable installation.
(12) "Deflector" is a structural barrier such
			 as a groin or jetty projecting into a waterway to divert flow away from and
			 prevent eroding sections of the banks of a waterway.
(13) "Department" means the Department of
			 State Lands.
(14) "Development" is
			 any structure or physical facility (for example, each cable, innerduct,
			 innerduct and cable, conduit, conduit and cable, pipeline, electrical line,
			 communication line, bridge, road, fence, ditch, reservoir, or
			 easement-associated building) on state-owned land subject to or authorized by
			 an easement granted by the Department.
(15) "Director" means the Director of the
			 Department of State Lands or designee.
(16) "Domestic Use" means the use of water
			 for human consumption and household purposes that is necessary for the
			 sustenance of an individual, family unit or household. Domestic use may also
			 include water used by an individual family unit or household for heating or
			 cooling purposes.
(17) "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.
(18) "Easement for
			 Conservation Purposes" is a type of easement granted by the Department that
			 limits uses to protect the property for conservation values, such as fish and
			 wildlife habitat or other ecosystem processes. The easement for conservation
			 purposes is conveyed by the Department when the applicant is not eligible to
			 hold a Conservation Easement or otherwise does not conform to ORS
			 271.715 to
			 271.775.
(19) "Encroachment" is an unauthorized
			 development or use, such as, but not limited to a structure, fill, or pile of
			 aggregate, that overlaps on, or otherwise occupies or restricts the full use of
			 state-owned land. An encroachment may be a pipe, conduit, or other structure
			 that has been abandoned in place. An encroachment may also occur when the
			 Holder of an easement granted by the Department extends their use outside of
			 the area authorized by that easement or adds a use or development not
			 authorized.
(20) "Erosion Control
			 Structures" mean revetments, attenuators, deflectors, retaining walls, riprap
			 and other structures placed adjacent to, or on Non-Trust Land.
(21) "Fiber Optic Cable" means an insulated
			 and often armored cable used to transmit telecommunications through glass
			 fibers using pulses of light.
(22)
			 "Gas Lines and Associated Fixtures" are the pipelines and required compressor
			 and gate stations, valves, meters, regulators, relief stacks, marker posts,
			 rectifiers, and all other related fixtures and equipment necessary to deliver
			 natural gas from the point of origin to the user.
(23) "Governmental Body" means an agency of
			 the Federal Government, the State of Oregon, and every political subdivision
			 thereof as defined in ORS
			 271.005.
(24) "Holder" means any person who holds a
			 current authorization from the Department for the use of state-owned
			 lands.
(25) "Individual Use" or
			 "Individual Development" is each separate use of, or development placed on
			 state-owned land.
(26) "Innerduct"
			 is tubing that not only protects fiber optic and other types of cables, but
			 also facilitates their installation. It is often placed inside a conduit or may
			 be buried directly into the ground.
(27) "Intake" is a location or structure
			 through which something is taken in, e.g. water in a channel or pipe from a
			 body of water.
(28) "Irrigation" or
			 "Irrigation Use" means the artificial application of water to crops or plants
			 by controlled means to promote growth or to nourish crops or plants. Examples
			 of irrigation uses include, but are not limited to, watering of an agricultural
			 crop, commercial garden, tree farm, orchard, park, golf course play field or
			 vineyard.
(29) "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 neither is under undue duress.
(30) "Maximum Value Per Square Foot" means
			 the highest price per square foot that the Department may use in determining
			 compensation for easements.
(31)
			 "Multiple-Use Easement" means an authorization issued for a single conduit,
			 through which additional uses may be embedded.
(32) "Non-Trust Land" is land managed by the
			 Department other than Trust Land. Examples of Non-Trust Land include
			 state-owned Swamp Land Act Land, and submerged and submersible land [(land
			 below ordinary high water)] under navigable and tidally influenced
			 waterways.
(33) "Outfall" is the
			 point of a drain where it discharges to an area of land or body of
			 water.
(34) "Owner" means a person
			 or legal entity that has a property interest in a structure or land
(35) "Permanent Easement" is a type of
			 easement that is issued in perpetuity.
(36) "Person" includes individuals,
			 corporations, associations, firms, partnerships, limited liability companies
			 and joint stock companies as well as any state or other governmental or
			 political subdivision or agency, public corporation, public authority, or
			 Indian Tribe.
(37) "Public Trust
			 Use(s)" means those uses embodied in the Public Trust Doctrine under federal
			 and state law including, but not limited to navigation, recreation, commerce
			 and fisheries, and other uses that support, protect, and enhance those uses.
			 Examples of Public Trust uses include, but are not limited to, short term
			 moorage, camping, bank fishing, picnicking, and boating.
(38) ""Real Estate Asset Management Plan" 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 the Common School Fund's real estate assets.
(39) "Real Market Value" for land means the
			 current market value of the property (not including improvements) assigned to
			 the land within the tax lot, adjacent riparian tax lot, or comparable tax lot
			 by the county tax assessor.
(40)
			 "Right of Way" is the legal right, established by grant, to pass along a
			 specific route through grounds or property belonging to another.
(41) "Right to Use Water" is a water right
			 permit, water right certificate, or a proposed or final order approving a water
			 right permit granted by the Oregon Water Resources Department, or court decree
			 evidencing a water right, authorizing a person to take and use a specific
			 quantity of water for a specific use or uses from a specific location under
			 specific terms and conditions.
(42)
			 "Roadway" means a road, driveway, or any other development for the use vehicles
			 or other traffic.
(43) "Rip-Rap"
			 means crushed rock or concrete placed on the bank of a waterway or lake to
			 prevent or reduce erosion of the bank.
(44) "Single-Use Easement" means an
			 authorization for a crossing with an individual use.
(45) "State Land" or "State-Owned Land" is
			 land owned by the State and managed by the Department or its agents and
			 includes Trust Land and Non-Trust Land.
(46) "State Land Board" means the
			 constitutionally created body consisting of the Governor, Secretary of State,
			 and State Treasurer that is responsible for managing the assets of the Common
			 School Fund as well as for additional functions placed under its jurisdiction
			 by law.
(47) "Structure or Facility
			 Necessary for the Use of Water" means the pipelines and required stands, pumps,
			 wiring, fish screens, and similar equipment necessary to convey water from the
			 point of diversion to the place of use.
(48) "Submerged Land" means land lying below
			 the line of ordinary low water of all title navigable and tidally influenced
			 water within the boundaries of the State of Oregon.
(49) "Submersible Land" means land lying
			 above the line of ordinary low water and below the line of ordinary high water
			 of all title navigable and tidally influenced water within the boundaries of
			 the State of Oregon.
(50) "Trust
			 Land" is land granted to the state upon its admission into the Union or
			 obtained by the state as the result of an exchange of Trust Land, or obtained
			 in lieu of originally granted Trust Land, or purchased with trust funds, or
			 obtained through foreclosure of loans using trust funds.
(51) "Use" means an activity on state-owned
			 lands that requires an easement under these rules.
(52) "Utility" means water, waste water, gas,
			 electric, or communication service lines, fixtures and other related
			 facilities.
Statutory/Other Authority: ORS
				  273.045
Statutes/Other Implemented: ORS
				  273.761,
				  274.040,
				  274.720,
				  376.620,
				  530.050,
				  530.490  & 758.010