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 141-068-0020 - General Provisions

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) Pursuant to Oregon law as defined in ORS
			 274, all tidally influenced and title navigable waterways (referred to as
			 state-owned submerged and submersible land) have been placed by the Oregon
			 State Legislature under the jurisdiction of the State Land Board and the
			 Department, as the administrative arm of the State Land Board.
(3) State-owned submerged and submersible
			 lands are managed to ensure the collective rights of the public, including
			 riparian owners, to fully use and enjoy this resource for commerce, navigation,
			 fishing, recreation and other public trust values. These rights are
			 collectively referred to as "public trust rights."
(4) All references in these rules to
			 "state-owned submerged and submersible lands" include state-owned submerged
			 lands or submersible lands or both.
(5) The Department recognizes that
			 uncertainty exists as to the extent of the State's interest in historically
			 filled lands. Actions to determine and assert the State's interest, if any, in
			 historically filled lands 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 historically filled lands.
(6) The State Land Board authorizes the
			 Director to issue land sale contracts, 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
			 quitclaim deeds, and be drawn in a manner to transfer any and all rights and
			 interests (excluding mineral and geothermal resource rights) to the
			 buyer/exchange partner that the Department may hold or has agreed to convey.
(7) Administrative fees delineated
			 in these rules shall be adjusted on January 1 of every year based on
			 Portland-Salem, OR-WA Consumer Price Index for All Urban Consumers for All
			 Items as published by Labor Statistics of the US Department of Labor. The
			 calculated adjustment shall be rounded up to the nearest dollar.
(8) The real market valuations described in
			 OAR 141-068-0070(9), (10), and (11)  rules shall be adjusted on January 1 of
			 every year based on Portland-Salem, OR-WA Consumer Price Index for All Urban
			 Consumers for All Items as published by Labor Statistics of the US Department
			 of Labor. The calculated adjustment shall be rounded up to the nearest $10
			 dollars.
(9) The State Land Board
			 authorizes the Director to (without further State Land Board approval) issue
			 land sale contracts, deeds or conveyances as are necessary to carry out the
			 land transactions, in conformance with these rules, for:
(a) Historically filled lands where no State
			 interest is determined to exist; and
(b) Historically filled lands that are
			 determined to be of low value and low public interest values are present per
			 OAR 141-068-0080(5)(d).