Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 67 - RULES GOVERNING THE SALE, EXCHANGE AND PURCHASE OF LAND › Section 141-067-0250 - Type of Deed; Payments for Land Purchases; Contracts; Default Issuance of Deed; Certificates of Sale; Assignments; Recording

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department will offer the type of
			 deed (for example: quitclaim deed or bargain and sale deed) it deems to be the
			 most legally defensible and best represents the known rights and interests held
			 by the State Land Board in the land or interest in land being conveyed in the
			 transaction.
(2) The Department may
			 impose additional requirements or conditions on the issuance of the deed,
			 including but not limited to indemnification of and waiver of claims against
			 the Department and State of Oregon.
(3) When the land sale or land exchange
			 process has been completed, including the payment of the purchase price or
			 fulfillment of the terms of the land sale or land exchange agreement, the
			 Director will execute and deliver to the purchaser a deed in a manner and form
			 prescribed by these rules. The Department may choose to conduct closing through
			 an escrow agent.
(4) When a
			 purchaser of land (other than rangeland) desires to make payments in
			 installments the Department or its agent shall, upon receipt of one-fifth or 20
			 percent of the purchase price of the land, deliver to the purchaser a
			 certificate that the purchaser has contracted to purchase the land. Upon
			 performance under the contract or payment of three-fifths or 60 percent of the
			 purchase price and the receipt and documentation of a note or loan, and upon
			 surrender of the certificate of sale, the purchaser, or their heirs or assigns
			 of the purchaser, shall be issued a deed for the property by the Department or
			 its agent.
(5) A purchaser of
			 rangeland deemed eligible under OAR 141-067-0230  must pay at least 10% of the
			 purchase price at the time of purchase, and may then enter into a 10-year land
			 sale contract with the Department to pay the remainder in 10 equal annual
			 installments with the interest rate fixed by the Department in accord with ORS
			 327.425.
(6) All assignments of certificates of sale
			 shall be executed and acknowledged in the same manner as a deed to land or real
			 property. All requests for assignment of certificates shall be in writing.
			 Written consent of the Department is required for any assignment. The
			 Department shall issue the deed to the assignee upon full payment of the
			 purchase price or the remaining balance of the land sale contract, and receipt
			 of the certificate of sale.
(7) The
			 Department will record, in the appropriate county office, any and all deeds it
			 receives as a result of a land exchange or purchase.
Stat. Auth.: OAR 141-167-0005 - 141-067-0120, 125-045, ORS
				  270.005 -
				  270.190,
				  273.045,
				  273.245 -
				  273.247,
				  273.251 -
				  273.311,
				  273.316 -
				  273.321,
				  273.413 -
				  273.456,
				  274.040,
				  274.905 -
				  274.940,
				  274.960 -
				  274.985
Stats. Implemented: OAR 141-167-0005 - 141-067-0120, 125-045,
				  ORS 270.005 -
				  270.190,
				  273.045,
				  273.245 -
				  273.247,
				  273.251 -
				  273.311,
				  273.316 -
				  273.321,
				  273.413 -
				  273.456,
				  274.040,
				  274.905 -
				  274.940,
				  274.960 -
				  274.985