273.005 [1959 c.45 §1; 1967 c.421 §95; renumbered 279.711]renumbered
No operative statutory text appears at this designation in the selected edition.
Oregon Revised Statutes
No operative statutory text appears at this designation in the selected edition.
As used in this chapter, unless the context requires otherwise: “Board” means the State Land Board. “County recording officer” means the county clerk or other county officer carrying out ORS 205.130 to 205.220. “Department” means the Department of State Lands. “Director” means the Director of the Department of State Lands. “Land” includes water, water r…
No operative statutory text appears at this designation in the selected edition.
The Governor is Land Commissioner for the State of Oregon, and shall locate or select the lands to which the state is entitled under the laws of the United States, or otherwise. The Governor shall be allowed all necessary expenses incurred in the performance of duties in this capacity prescribed by law. The Department of State Lands shall assist the Governor…
No operative statutory text appears at this designation in the selected edition.
The Governor, Secretary of State and State Treasurer constitute the State Land Board. The board shall carry out the duties prescribed by section 5, Article VIII of the Oregon Constitution, and such other duties as are imposed upon it by law. The board may use a common seal.
The Governor shall act as chairperson of the State Land Board. The board shall establish rules under ORS 183.325 to 183.410 for holding regular meetings and the means whereby timely notification of regular meetings may be given. Two members of the board constitute a quorum to transact business and exercise all rights, duties and powers of the board. The bo…
No operative statutory text appears at this designation in the selected edition.
The Department of State Lands is created, and consists of the Director of the Department of State Lands and all officers and employees of the department acting under the State Land Board. Subject to ORS 273.171, the department shall exercise all of the administrative functions exercised by the clerk and other personnel of the State Land Board before January …
The Department of State Lands shall establish its administrative policies in accordance with the laws prescribing its powers and duties and the general policies formulated by the State Land Board. Acting subject to the approval of the board and in compliance with ORS chapter 183, the Director of the Department of State Lands shall promulgate such rules as ar…
No operative statutory text appears at this designation in the selected edition.
The Department of State Lands may cancel certificates of sale for lands owned by this state, if unlawfully obtained. The State Land Board shall: Manage, control and protect the common school grazing lands under ORS 273.805 to 273.825 so as to secure the greatest permanent value of the lands to all the people of this state, particularly for the dedicated pu…
If it finds it advisable in carrying out its duties, the Department of State Lands in the name of the State of Oregon may take title to real and personal property in fee simple or absolutely, in trust or under such other conditions as it considers advisable, and may convey title thereto or execute agreements necessary to carry out its duties.
Notwithstanding ORS 758.010, the Department of State Lands may establish and impose a one-time application fee in the amount of $750 on a person applying for an easement to construct a water, gas, electric or communication service line, fixture or other facility on state land other than state land located within the territorial sea. The department may not i…
No operative statutory text appears at this designation in the selected edition.
The power of eminent domain may be exercised by the State of Oregon at the request of the Department of State Lands for the condemnation of property of any kind and all water rights, easements and appurtenances thereto necessary for carrying out its powers and duties.
All acts and decisions of the Department of State Lands as to the legal title, and the right to a certificate of sale or deed from the state, shall be final.
No operative statutory text appears at this designation in the selected edition.
At all hearings pertaining to lands owned by the state, the Director of the Department of State Lands may administer oaths and take depositions. The State Land Board may issue subpoenas to compel the attendance of witnesses and the production of documents or other necessary written information. If any person served with a subpoena issued under this section …
When lands formerly belonging to the State of Oregon are disposed of and final payment has been made, the Director of the Department of State Lands shall execute and deliver to the purchaser a deed in a manner and form prescribed by the rules of the Department of State Lands, conveying all right, title and interest which the state may have in and to such lan…
No operative statutory text appears at this designation in the selected edition.
The Director of the Department of State Lands may execute on behalf of the Department of State Lands all documents required to carry out its powers and duties, in the manner and form prescribed by the rules of the department. All documents so executed shall be admitted to record without acknowledgment.
Copies of any document permitted by law to be recorded that are executed by the Director of the Department of State Lands, or executed by the State Land Board before January 1, 1968, and certified by the director, are entitled to record in the office of any county recording officer. Documents affecting the title to real property that are permitted by law to …
No operative statutory text appears at this designation in the selected edition.
The person offering a copy of a document mentioned in ORS 273.085 for recording shall pay the recording fee. When a copy of a document has been recorded it shall be returned by the recording officer to the Director of the Department of State Lands or other party as stated on the recorded document.
The record of any copy of a document recorded under ORS 273.085, or a transcript thereof certified by the county recording officer, shall be received in evidence in all courts in this state with like force and effect as the original document.
Unless otherwise provided by law, all deeds and conveyances belonging to the state must be documented in the office of the Department of State Lands. Upon the sale, acquisition or exchange of any real property belonging to the state, an electronic copy of the instrument that conveys the property must be filed with the department by the officer or agency in c…
No operative statutory text appears at this designation in the selected edition.
The Department of State Lands shall administer the Common School Fund as provided in ORS 327.405 to 327.480.
The Distributable Income Account is established within the Common School Fund. The Department of State Lands shall administer this account in accordance with Article VIII, section 4, Oregon Constitution, and applicable laws. The following moneys in the Common School Fund shall be credited to the Distributable Income Account: Moneys determined by the State …
There is established the Legacy Unclaimed Property School Fund within the Common School Fund. The Legacy Unclaimed Property School Fund consists of moneys transferred to the fund under section 7, chapter 424, Oregon Laws 2021. Interest earned by the fund is credited to the Common School Fund. Moneys in the Legacy Unclaimed Property School Fund are continu…
There is established the Unclaimed Property School Fund within the Common School Fund. The Unclaimed Property School Fund consists of: Moneys appropriated or transferred to the fund by the Legislative Assembly or by act of law; and Moneys transferred to the fund from the Unclaimed Property and Estates Fund under ORS 98.389. Moneys in the Unclaimed Proper…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The Department of State Lands may use so much of the Common School Fund as is necessary for: The acquisition of lands, easements, and all other interests in real property. Improvement, operation, and maintenance of property, crops, timber, fixtures and appurtenances whether granted or otherwise acquired at any time. Studies necessary for the fill and remo…
Whenever it appears to the State Land Board to be prudent and to the financial benefit of the Common School Fund, the State Land Board may acquire as an investment for the Common School Fund any parcel of land, whether or not submerged, and submersible lands or formerly submerged and submersible lands. The consideration for such acquisition may be an exchang…
The Department of State Lands may apply for and receive any private or federal grants, loans or other funds available for the purposes of conducting studies related to the work of the department and coordinating state and federal permitting issues related to removal and fill. Note: 273.119 was enacted into law by the Legislative Assembly but was not added t…
No operative statutory text appears at this designation in the selected edition.
Notwithstanding any other provision of law, all funds under the control of the Department of State Lands shall be expended by warrant drawn on the State Treasurer, and then only upon proper claim approved by the Director of the Department of State Lands or the authorized representative of the director submitted to the Secretary of State for audit.
Whenever it appears to the Department of State Lands that any moneys have been erroneously paid to it, the department may make an appropriate refund, or may deliver the moneys to the State Treasurer if the moneys appear to have been misdelivered to the department and to be unclaimed property described under ORS 98.302 to 98.436 or escheated funds, including …
No operative statutory text appears at this designation in the selected edition.
The Department of State Lands may, whenever in its judgment such course is to the best interest of the state, compromise, settle, release and discharge any mortgage, judgment or other claim in favor of the State of Oregon, and arising out of the sale or lease of property within the jurisdiction of the department, upon such terms as the department may direct.…
The Department of State Lands may enter into written agreements with any governmental agency for the performance of specialized, technical, professional, administrative or other services and for the furnishing of facilities and materials to carry out provisions of law applicable to the department. The activities and programs performed under such agreements r…
No operative statutory text appears at this designation in the selected edition.
In order to provide the Department of State Lands with the specialized assistance necessary to its operations and the transaction of its business, and in addition to other agreements that may be entered into under ORS 273.135, the department may enter into written agreements with the state agencies designated in this section for the operation of programs and…
The Department of State Lands may enter into contracts with any person owning lands adapted to the purposes of ORS 273.316 to 273.345 and 273.511, for the subdivision, settlement and sale of all or any portion thereof, under the direction and supervision of the department and such conditions as may be agreed to.
No operative statutory text appears at this designation in the selected edition.
The Department of State Lands may cooperate with the federal government for the development, settlement, subdivision and disposition of lands belonging to the State of Oregon, or which otherwise may be made available for carrying out the purposes of ORS 273.316 to 273.345 and 273.511. In such cooperation, the department may provide the lands but the federal …
The Department of State Lands, in carrying out its duties, may call upon all related state and county agencies, including public universities listed in ORS 352.002 and any state or county officers or public university employees through whom necessary information and aid may be received. Such agencies, officers and employees shall cooperate with the departmen…
No operative statutory text appears at this designation in the selected edition.
The State Land Board shall appoint a Director of the Department of State Lands to serve for a term of four years, subject to removal at the discretion of the board. The director shall receive such salary as is fixed by the board. In addition to salary, subject to applicable law regulating travel and other expenses of state officers, the director shall be re…
Before entering upon the duties of office, the Director of the Department of State Lands shall take an oath to perform faithfully the duties of the director. The director shall give to the state a fidelity bond, with one or more corporate sureties authorized to do business in this state, in a penal sum fixed by the State Land Board. The premium on the bond s…
No operative statutory text appears at this designation in the selected edition.
The Director of the Department of State Lands is chief executive officer of the Department of State Lands, and is responsible for the administration of the laws conferring powers or imposing duties upon the department, subject to specific policies formulated by the State Land Board and review of the actions of the director by the board. Under written policy…
Subject to any applicable provision of the State Personnel Relations Law: The Director of the Department of State Lands shall appoint and discharge such personnel as the director considers necessary for the efficient administration of the laws conferring powers or imposing duties upon the Department of State Lands. The director shall prescribe the authority…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of State Lands may require the fingerprints of a person who: Is employed or applying for employment by the department; or Provides services or seeks to provide services to the department as a contractor or volunteer; and Is, or will be, working or…
The Director of the Department of State Lands shall investigate all trespasses on and damage to state lands and prosecute the same. The director shall appear before appropriate agencies of the United States in all cases involving the title or claim of the state to its granted land or lands selected in lieu thereof. Expenses incurred under this section shall…
No operative statutory text appears at this designation in the selected edition.
As used in this section: “Personal property” includes any item that is reasonably recognizable as belonging to an individual, including books, photographs, personal documents such as identification and Social Security cards, camping equipment, sleeping bags, blankets, bicycles and clothing. “Personal property” does not include items that the Department of …
No operative statutory text appears at this designation in the selected edition.
The Department of State Lands shall create a program whereby the department may enter into agreements with volunteers, businesses and other agencies to allow those parties, on a voluntary basis, to assist in the operation of department programs and to assist in the maintenance of state lands administered by the department. The program shall: Focus primarily…
In order to further the interpretive and educational functions of state lands in Oregon, the Director of the Department of State Lands may enter into an agreement with a private, nonprofit scientific, historic or educational organization organized solely for the purpose of providing interpretive services for state lands facilities in Oregon. An organization…
The Department of State Lands shall adopt rules to carry out the purposes of ORS 273.197. The rules shall include: Procedures and forms to be used by an organization entering into an agreement with the Director of the Department of State Lands under ORS 273.197. Guidelines for approving the materials an organization proposes to provide or display at state …
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
Before any person shall take any material from any real property of the State of Oregon, except in the manner and for the purposes mentioned in ORS 274.525 or 274.550, the person shall apply to the Department of State Lands for a lease. The application shall include a complete description of the location of the contemplated operation, the time and manner of …
No operative statutory text appears at this designation in the selected edition.
No person shall remove material from any real property of the State of Oregon for commercial uses without complying with ORS 273.225, 274.550 and 274.560. The establishment or placing of a dredging or digging outfit on any waters, the submersible or submerged lands of which belong to the State of Oregon, and the removal of material from the submersible or s…
The Department of State Lands may inspect and audit books, records and accounts of each person removing material from any real property of the State of Oregon, and make other investigation and secure or receive other evidence necessary to determine whether or not the department is being paid the full amount payable to it for the removal of such material. The…
No operative statutory text appears at this designation in the selected edition.
Removal of material from any property of the State of Oregon under the control of the Department of State Lands by any person without lawful authority is a trespass for which the state, in addition to any action commenced under ORS 273.990, may also commence an action for damages. If damages are assessed against the defendant in any such action, the state sh…
Not later than January 1, 1996, the State Land Board shall adopt an asset management plan in accordance with this section to guide management and disposition of real estate under the board’s jurisdiction. The Department of State Lands shall provide a report to each odd-numbered year regular session of the Legislative Assembly on the progress of implementing …
The State Land Board, by and through the Department of State Lands or other agency acting on behalf of the State Land Board, shall dispose of isolated parcels of land classified as rangeland by the board in a manner consistent with the asset management plan adopted under ORS 273.245 and the board’s trust responsibilities. As used in this section, “isolated …
No operative statutory text appears at this designation in the selected edition.
Unless the context or a specially applicable definition requires otherwise, state lands are classified as follows: “Agricultural college lands.” Lands granted to the state by the Act of July 2, 1862 (12 Stat. 503), and otherwise, for the support and maintenance of Oregon State University. “Farmlands.” Lands acquired by deed, gift, operation of law, or by t…
Any individual who is 18 years of age or older and who is a citizen of the United States, or has declared an intention to become a citizen, may apply to purchase state lands.
No operative statutory text appears at this designation in the selected edition.
An individual eligible under ORS 273.255 may file an application with the Director of the Department of State Lands for the purchase of state lands other than farmlands. The application must be made in a form prescribed by the Department of State Lands, contain a correct and precise description of the lands applied for in accordance with a survey acceptable …
If application is made for the purchase of submersible lands, the applicant must cause such lands to be surveyed at the expense of the applicant by a surveyor, whose selection is subject to prior approval by the Department of State Lands. The survey must connect with and conform to adjacent surveys acceptable to the department, so far as practicable. The app…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
Except as limited by ORS 270.020 and 273.225 to 273.241 and 274.040, and as in its judgment the interests of the state demand, the Department of State Lands: Shall fix the price at which all classes of state lands may be sold and the interest to be charged on deferred payments therefor under ORS 273.281, and may provide for the advertisement and sale of suc…
No operative statutory text appears at this designation in the selected edition.
The Department of State Lands shall require applicants for the purchase of submersible lands to pay in full for such lands at the time of purchase. Applicants for the purchase of school, agricultural college, university, swamp or indemnity lands shall make payments at such times, and with such interest for deferred payments as the department may prescribe. H…
When an applicant to purchase state lands desires to make payments in installments as provided in ORS 273.281, the Department of State Lands shall, upon receipt of one-fifth of the purchase price of the land applied for, deliver to the purchaser a certificate that the purchaser has contracted to purchase the lands therein described. Upon performance under th…
If any installment of the purchase price of land, principal or interest, remains unpaid for one year after the same becomes due, the certificate issued under ORS 273.285 shall be canceled by order of the Department of State Lands. All payments thereon shall be forfeited and the land considered vacant and subject to sale as if it had not been previously contr…
All assignments of certificates of sale shall be executed and acknowledged in the same manner as a deed to real estate. The assignee, upon full payment of the amount due on the purchase price, and delivery to the Department of State Lands of such certificate and assignment, shall receive a deed for the land described in such certificate, in the name of the a…
Whenever any purchaser of state lands holding a certificate of sale therefor has paid three-fifths or more of the purchase price thereof, the Director of the Department of State Lands may execute a deed conveying the lands to such purchaser, upon the purchaser’s executing: A note for the remainder of the purchase price; and A mortgage on the premises in th…
No operative statutory text appears at this designation in the selected edition.
Upon full payment of the purchase price and any accrued interest thereon the Director of the Department of State Lands shall execute a deed to the purchaser in a form prescribed by the rules of the Department of State Lands. The department shall maintain appropriate records of all deeds issued under this section.
No operative statutory text appears at this designation in the selected edition.
In all cases where clerical errors have been made in deeds for any state lands sold, upon satisfactory proof and if the rights of innocent parties have not intervened, the Director of the Department of State Lands may execute corrected deeds to the holders thereof. Where lands, other than submersible lands and unsurveyed or unpatented swamp lands have been …
No operative statutory text appears at this designation in the selected edition.
The Department of State Lands may exchange any state lands under its control for any other lands in this state for the purpose of accumulating larger and contiguous tracts of state lands. The department may enter into the necessary contracts to accomplish such purposes, subject to the rights of lessees under ORS 273.321. The exchange may be made on the basis…
No operative statutory text appears at this designation in the selected edition.
Before exchanging any state lands for other lands under ORS 273.316, the Department of State Lands shall give notice to the lessees of those state lands considered for exchange by sending by certified or registered mail a notice containing a general description of the state lands considered for exchange and a listing of the names and addresses of the lessees…
No operative statutory text appears at this designation in the selected edition.
In all cases where the Department of State Lands believes that any lands were acquired from the state by fraud or in violation of the laws relating to the disposal thereof, it may: Enter into contracts with the persons asserting ownership thereto for the subdivision and sale thereof on conditions agreed upon by the contracting parties; or Exchange or accep…
No operative statutory text appears at this designation in the selected edition.
When lands that the Department of State Lands believes were acquired from the State of Oregon by fraud or in violation of the laws of the state are held by any person owning other lands the title to which is not involved, the department may provide as a condition to the contract of settlement described in ORS 273.326 that such other lands, or such portion th…
The object of ORS 273.340 and 273.345 is to make available for settlement and development the lands to which the State of Oregon is entitled as indemnity and the remaining unsold state lands, and to make available for the Common School Fund the proceeds from the sale of such lands.
The Department of State Lands shall ascertain the amount of indemnity lands to which the State of Oregon is entitled from the federal government and procure such lands in as large and contiguous tracts as practicable, having in view its adaptability for agriculture or its value for forestry purposes.
Before making selections under ORS 273.340, the Department of State Lands shall determine the advisability of making such selections in large and contiguous tracts within the national forest reserves. If it is found that such selections will be advantageous to the State of Oregon, the department shall negotiate with the appropriate agency of the United State…
The Director of the Department of State Lands shall: Select as indemnity lands such vacant government lands as may be applied for by legal applicants, upon receipt of their applications to purchase, together with the nonmineral affidavit and filing fees, as required by the rules and regulations of the Bureau of Land Management, and a payment fixed by the De…
No operative statutory text appears at this designation in the selected edition.
As used in ORS 273.356 to 273.375, unless the context requires otherwise, “grantee” includes the successor in interest of a grantee.
Upon the execution and delivery to the Department of State Lands by any grantee to whom the State Land Board prior to February 21, 1916, erroneously conveyed various parcels of land in sections 16 and 36 to which the title of the state was found by the board to be defective, of a written instrument sufficient to annul the conveyance of the state to such gran…
A refund is not available under ORS 273.356 to 273.375 to any grantee who received from the State Land Board a refund or other settlement with respect to such lands before June 19, 1967, or who may be holding title originally procured or subsequently conveyed by false swearing or fraudulent representation. Each refund under ORS 273.360 shall be paid to the …
If the Department of State Lands finds that the property erroneously conveyed has been identified generally as private property, as evidenced by the inclusion of the property on the assessment rolls of the county in which it is located for a period of 20 years or more immediately preceding, the department may refund to the grantee an amount not to exceed any…
In lieu of the procedure set out in ORS 273.360, 273.365 and 273.370, the Department of State Lands may acquire for the use and benefit of the State of Oregon, by purchase or exchange, the interest of any applicant to whom the certificate described in ORS 273.620 (3) (1965 Replacement Part) has been issued before June 19, 1967, or who acts under ORS 273.360,…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The Department of State Lands may dispose of isolated sections and fragments of sections of state lands which are not suitable for management according to long-range policies of the State Land Board. The proceeds of such sales shall be applied and are continuously appropriated to the Department of State Lands for the acquisition of lands or other suitable in…
No operative statutory text appears at this designation in the selected edition.
If any property owned by the state is held as an asset of any special trust fund securing the payment of bonds, it may be exchanged, under the authority granted in ORS 270.110, for other property of equal or superior value, and property so received in exchange shall be an asset of the fund in lieu of the property previously held.
No operative statutory text appears at this designation in the selected edition.
The state hereby is granted express power to relinquish the title to any of its property not needed for public use to the United States Government or any other governmental body or political subdivision within the state, providing such property shall be used and continue to be used, for a public purpose by the United States Government, or such other governme…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
When property is exchanged under the authority of ORS 270.100, 270.110 and 270.130, the value of the real property accepted by the state in exchange for any of its property plus cash, if any, shall not be less than the value of the property relinquished by the state. The provisions of ORS 270.100, 270.110 and 270.130 do not apply when the state is exchanging…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The value of the respective properties proposed to be exchanged shall be determined by the state agency, board or commission which has supervision and direction of the department or activity of the state for which such property is held or belongs, and if there be no such agency, board or commission, then by the Department of State Lands. The state agency, bo…
No operative statutory text appears at this designation in the selected edition.
Every lease entered into pursuant to ORS 270.110 shall be authorized by order of the state agency executing the same and shall provide such terms and conditions as may be fixed and determined by the governmental body executing the same. Any such lease may provide that the lessee shall pay ad valorem taxes assessable against the leased property, or that the s…
No operative statutory text appears at this designation in the selected edition.
Any agency of the State of Oregon may donate to any person, firm or corporation selected by such governmental body, conditionally or otherwise, for industrial or manufacturing purposes, or both, and purposes incidental thereto, any real property owned by the governmental body and not needed or likely to be needed for public use. The donation must include a …
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The Department of State Lands is hereby authorized to sell, convey, lease or exchange any or all state lands chiefly suitable for grazing, to or with Oregon counties, and with the United States of America for other lands either of equal acreage or of equal value. All powers herein granted to the Department of State Lands are in addition to and not in derogat…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The state or any state agency occupying a street or public property of a political subdivision by any structure above, on or under the surface, may provide a contract of indemnity to protect the other political subdivision against loss or damage resulting from such occupancy.
No operative statutory text appears at this designation in the selected edition.
If the state holds the easement or fee title to a street or highway, the state may lease the space above or below that street or highway for private purposes for such period as the controlling state agency determines the space will not be needed for public purposes, and upon such other terms and conditions as the agency finds to be in the public interest. Be…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
As used in ORS 273.462 to 273.464: “State agency” means an agency of the executive department, as defined in ORS 174.112, or a public university listed in ORS 352.002. “Tribe” means a federally recognized Indian tribe in Oregon. “Trust lands” means state land: Granted to the state for the use of schools under the Act of February 14, 1859 (11 Stat. 383); …
It shall be the policy of the State of Oregon to: Identify, as appropriate, trust lands under the jurisdiction of the State Land Board that, due to management or regulatory impediments, have limited performance potential as assets of the Common School Fund; and Transfer the identified trust lands to state agencies, federal agencies or tribes that are bette…
The State Land Board may identify tracts of trust lands under the board’s jurisdiction that have limited performance potential as assets of the Common School Fund and submit to the Legislative Assembly proposals to transfer the identified tracts of trust lands to another state agency, a federal agency or a tribe. The state agency, federal agency or tribe to…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
As used in this section: “Public access site” means a site on state public lands where the public may access the lands for recreational use of a floatable natural waterway. “State public lands” means any land, or improvements thereon, owned by the State of Oregon. Before a state agency may restrict or close access to a public access site, the agency shall…
The object of ORS 273.511 is to ascertain and determine the title of the State of Oregon to the beds of shallow and dry lakes and the lands around lakes exposed to reliction or otherwise.
No operative statutory text appears at this designation in the selected edition.
The Department of State Lands shall ascertain the amount of land to which it is entitled under the Acts of Congress relative to submersible and swamp lands, acquire title thereto and enter into contracts for drainage and reclamation in order that the lands may be available for development and settlement.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
As used in ORS 273.522 to 273.541, “forest products” has the meaning given that term in ORS 532.010.
The Department of State Lands may sell and dispose of the forest products on lands of the State of Oregon that have not been designated Common School Forest Lands under ORS 530.460, regardless of acreage and in such quantities to each purchaser as the department shall prescribe. If the value of the forest products, as appraised under ORS 273.525, exceeds $25…
Before offering any forest products for sale under ORS 273.523, the Department of State Lands shall cause the forest products to be appraised in a manner that it considers appropriate. Prior to sale of forest products with an appraised value greater than $25,000, notice thereof shall be given by the department for not less than four weeks by publication onc…
No operative statutory text appears at this designation in the selected edition.
When more than one bid has been received, or in case of doubt as to which of a number of bids is the highest and most advantageous for the state, the decision of the Department of State Lands is conclusive and not subject to review by the courts.
Bond or other security requirements for the sale of forest products by the Department of State Lands and provisions for the return of those bonds or securities to a purchaser shall correspond to the bond or other security requirements and provisions for the return of bonds or securities to a purchaser that are established for a forest product sale by the Sta…
No operative statutory text appears at this designation in the selected edition.
All documents required in carrying out ORS 273.522 to 273.541 shall be executed by the Director of the Department of State Lands, and all bonds, contracts and other instruments required by ORS 273.522 to 273.541 for the protection of the interests of the state shall be delivered to the Department of State Lands.
No operative statutory text appears at this designation in the selected edition.
The Department of State Lands, as to any land or mineral and geothermal resource rights subject to its jurisdiction and control and without restricting, limiting or repealing any other powers and authority which it has, after consultation with the State Department of Geology and Mineral Industries and with concurrence of any state agency acting for the state…
It is the policy of the State of Oregon to maintain an estuarine research reserve in partnership with the National Oceanic and Atmospheric Administration. The estuarine research reserve management area includes: Lands acquired as the South Slough Estuary Sanctuary pursuant to chapter 415, Oregon Laws 1975, designated as the South Slough National Estuarine R…
For the purpose of providing for the administration of the estuarine research reserve management area in a manner consistent with the provisions of ORS 273.553, there is created the South Slough National Estuarine Research Reserve Management Commission. The commission shall have the authority, in accordance with the policies formulated by the State Land Boar…
No operative statutory text appears at this designation in the selected edition.
The South Slough National Estuarine Research Reserve Management Account is established within the Common School Fund. Except for moneys otherwise designated by statute, all moneys received by the South Slough National Estuarine Research Reserve Management Commission shall be paid into the State Treasury and credited to the account. All moneys in the account …
Jurisdiction for review of actions and proposed actions of the commission which are claimed to be in violation of any provision of ORS 273.553 or 273.554 is conferred upon the State Land Board. Proceedings for review of such actions may be instituted by filing a request for review with the State Land Board. The request for review by the State Land Board nee…
Violation of a rule adopted under ORS 273.553 (4) is a Class D violation for each day of violation. In addition to all other remedies, when it appears to the South Slough National Estuarine Research Reserve Management Commission that a person has engaged in, or is engaging in, any act that violates a rule adopted under ORS 273.553 (4), the commission may di…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
As used in ORS 273.563 to 273.591, unless the context requires otherwise: “Agency” means a local, state or federal agency, board, commission or department. “Candidate natural area” means a natural resource area that may be considered for registration or dedication. “Commodity” means timber, minerals, livestock, agricultural products or any other product o…
No operative statutory text appears at this designation in the selected edition.
The Legislative Assembly finds that many valuable natural heritage resources are represented in natural areas that can be protected through the voluntary cooperation of private landowners and public land managers. These areas will comprise a discrete and limited system of natural areas that are selected to represent the full range of Oregon’s natural heritag…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
To aid and advise the State Parks and Recreation Director in the performance of the functions related to the Natural Areas Program, the director may establish a natural areas advisory committee. The advisory committee may assist the State Parks and Recreation Department: In the development of policy for the Natural Areas Program through the review and appr…
No operative statutory text appears at this designation in the selected edition.
The State Parks and Recreation Department shall provide assistance in the selection and nomination of natural areas containing natural heritage resources for registration or dedication. The Oregon Natural Areas Plan established by ORS 273.578 shall govern the Natural Areas Program in the conduct of activities to create and manage a system of state natural a…
No operative statutory text appears at this designation in the selected edition.
The Sixty-first Legislative Assembly approves the Oregon Natural Areas Plan submitted under ORS 273.576. The State Parks and Recreation Commission may review and approve or disapprove any modification to the Oregon Natural Areas Plan submitted by the State Parks and Recreation Department.
No operative statutory text appears at this designation in the selected edition.
The State Parks and Recreation Department shall maintain a state register of natural areas containing significant natural heritage resources to be called the Oregon Register of Natural Areas. The department shall from time to time identify natural areas from the natural heritage data bank that qualify for registration. Priority shall be based on the Oregon …
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
A private individual or organization that is the owner of any registered natural area may voluntarily agree to dedicate that area as a state natural area by executing with the State Parks and Recreation Department an instrument of dedication. The instrument of dedication shall be effective upon its recording in the real property records of the office of the …
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The Natural Areas Program Account is established within the General Fund of the State Treasury. All moneys received by the State Parks and Recreation Department for the purposes of ORS 273.563 to 273.591 shall be paid into the State Treasury and credited to the account. All moneys in the account are continuously appropriated for the use of the department in …
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The Department of State Lands shall prescribe rules governing the exploration for and removal of semiprecious stones and petrified wood from lands owned by the State of Oregon and under the jurisdiction of the department. Such rules shall be designed to maximize the public benefit of these resources, and shall permit the free use of lands under jurisdiction …
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
There is granted to all persons constructing railways built after February 21, 1891, within the boundaries of the state, and to their successors and assigns: A right of way through any unimproved state lands, of the width of 100 feet, being 50 feet in width on each side of the center line of the road. All necessary grounds for stations, depots, shops, side…
Whenever a railway company mentioned in ORS 273.751, or its successors or assigns, files with the Department of State Lands a map of the definite location of its road lines through any state lands, the department thereafter shall except from sale such right of way and lands for purposes named in ORS 273.751. Whenever a railway company has selected a tract o…
No operative statutory text appears at this designation in the selected edition.
A right of way for construction of a water ditch to be used for irrigation, manufacturing or mining purposes, ditches or water pipes for conveying water to political subdivisions for domestic purposes, or for the extinguishment of fires, is granted for a distance of 25 feet on each side of such ditches or water pipes to any person who may construct such wate…
Any person adding or removing any material to or from submerged or submersible land so as to make necessary or advisable the relocation or extension of a main or outfall described in ORS 273.761 (2) shall be liable to the municipal corporation for all expenses incurred by it in relocating or extending such main or outfall.
No operative statutory text appears at this designation in the selected edition.
“Mineral” includes oil, gas, sulfur, coal, gold, silver, copper, lead, cinnabar, iron, manganese and other metallic ore, and any other solid, liquid or gaseous material or substance excavated or otherwise developed for commercial, industrial or construction use from natural deposits situated within or upon state lands, including mineral waters of all kinds. …
Mineral and geothermal resource rights in real property owned by any state agency and mineral and geothermal resource rights retained as an interest in lands previously sold, granted or otherwise conveyed by the state or any agency thereof are property of the State of Oregon. Except as provided in ORS 273.785 and 273.787, proceeds therefrom shall accrue to t…
ORS 273.551 and 273.775 to 273.790 do not apply to: Soil, clay, stone, sand and gravel that state agencies acquire or use for the purpose of constructing or repairing roads or other state facilities, or the proceeds from soil, clay, stone, sand or gravel. Mineral or geothermal resource rights or the proceeds from mineral or geothermal resource rights that …
As used in this section: “Low-potential resource real property” means real property that is located: Inside an urban growth boundary; or Within an area zoned for residential use on a lot or parcel that is three acres or smaller in size. “Owner” means: The record holder of fee title interest in low-potential resource real property; or The contract purch…
The Department of State Lands shall establish and maintain a registry of mineral and geothermal resource rights placed under the jurisdiction of the State Land Board. COMMON SCHOOL GRAZING LANDS
As used in ORS 273.805 to 273.825, “common school grazing lands” means lands owned by the State of Oregon and under the control of the Department of State Lands that are chiefly suitable for the grazing of animals, as determined by the department, and which are within, but not limited to, the following land classifications: Lands defined by ORS 273.251 as i…
No operative statutory text appears at this designation in the selected edition.
In order to accomplish the purpose of ORS 273.805 to 273.825, the Department of State Lands may, with respect to common school grazing lands: Protect the lands from fire, disease and insect pests, cooperate with others in such protection and enter into all agreements necessary or convenient therefor. Lease the lands subject to such terms and conditions as …
The Department of State Lands may exchange common school grazing lands for land of approximately equal aggregate value, when such exchange is in furtherance of the purposes of ORS 273.805 to 273.825. No exchange shall be made until the title to the lands to be received has been validated by the Attorney General. All lands received in exchange shall have the …
The lessee of any common school grazing land, upon its classification for sale by the Department of State Lands, may purchase such land at a price and on terms prescribed under subsection (2) of this section if the lessee is an individual person, a resident of this state and owns, in fee simple, land immediately adjacent to the common school grazing land for…
The state forest formerly known as the Elliott State Forest shall be known as the Elliott State Research Forest. The State Land Board shall manage, control and protect the forest for the dedicated purpose of maintaining a world-class research forest. The Department of State Lands may take any action necessary for the management of the forest, including but…
The Elliott State Research Forest shall consist of lands determined by a resolution of the State Land Board, as modified by any subsequent expansion or exchange of lands authorized by this section. The board may not sell any lands in the forest, but may approve an expansion of lands in the forest, or an exchange of lands in the forest or timber on the lands…
The Elliott State Research Forest Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. The account shall consist of all moneys deposited in the account. Moneys in the account may be invested as provided in ORS 293.701 to 293.857. Moneys in the account are …
In the manner and under the conditions set out in ORS 273.850 to 273.890, and notwithstanding any other law, the State of Oregon shall remise, release and forever quitclaim to Clatsop County all rights, title and interest that may remain or be vested in the state with respect to lands described in subsection (2) of this section and any improvements thereon (…
ORS 273.850 (1) and (2) apply with respect to any lands described therein only when the Board of County Commissioners of Clatsop County executes and delivers a deed remising, releasing and forever quitclaiming all rights, title and interest that may remain or be vested in such county with respect to such lands, to a person or governmental entity that has bee…
Each applicant under ORS 273.865 (1) shall pay, at the time of filing an application, a fee of $25. Moneys received under this section shall be deposited with the county treasurer and be available for payment of the expenses of the Board of County Commissioners of Clatsop County in carrying out ORS 273.855 (3), (4) and (5) and 273.860 to 273.880. In addition…
Application for a deed under ORS 273.855 (1) shall be made to the Board of County Commissioners of Clatsop County in a manner and form prescribed by the county board. The application shall include: A legal description of the lands applied for, and, as nearly as practicable, the time the land was filled or deposited; The names and addresses of persons other…
The Board of County Commissioners of Clatsop County shall give public notice of each application received by it under ORS 273.865 (1), prior to its consideration thereof, by advertisement not less than once each week for four successive weeks in a newspaper of general circulation in Clatsop County. Such notice need not describe the lands applied for in legal…
The findings of the Board of County Commissioners of Clatsop County with respect to an application shall be set out concisely in writing, and a copy served on the applicant not later than the 10th day after they are rendered. Not later than the 30th day after receipt of a copy of such findings or within such further time as the county board authorizes on a s…
Jurisdiction for judicial review of actions of the Board of County Commissioners of Clatsop County under ORS 273.855 (3), (4) and (5) and 273.860 to 273.880 is conferred on the circuit court for the county in which the land applied for is located. Proceedings for review shall be instituted by filing a petition not later than the 60th day after the date on wh…
The State of Oregon shall not call into question the title of any person possessing lands described in ORS 273.850 (1) to (3) before January 1, 1973. The State of Oregon shall not call into question the title of any person possessing lands described in ORS 273.850 (1), if an application with respect to such lands has been filed under ORS 273.850 to 273.880 a…
Nothing in ORS 273.850 to 273.890 affects controversies among persons and governmental entities asserting proprietary rights, title and interests with respect to lands described in ORS 273.850 (1). No ad valorem taxes paid or owing with respect to lands described in ORS 273.850 (1) shall be refunded or canceled on the ground that the State of Oregon may hav…
The titles to all tide lands within this state, and all tide flats not adjacent to the shore in the waters of the state, which have been heretofore sold to purchasers by the State of Oregon, where the purchaser has, in good faith, actually paid to the state the purchase price, and the same has been received by the state, and the purchaser has not purchased f…
All the rights and title of the State of Oregon to the swamp and overflowed lands of this state, and claimed by persons who have completed settlement thereon, or who may hereafter complete settlement under the provisions of the preemption or homestead laws of the United States, and have obtained a patent or certificate of final proof therefor, hereby are gra…
The Department of State Lands shall not call in question the title of any person to any swamp lands which the person may not have acquired by full and complete compliance with the preemption or homestead laws of the United States, nor shall the department sell to anyone any unsurveyed swamp lands, or swamp lands on which any settler shall have made and perfe…
All deeds prior to February 20, 1891, to state, school, and university lands, the purchase price of which was paid to the board of commissioners for the sale of school and university lands and for the investment of the fund arising therefrom, hereby are confirmed to the grantees of the state, or to their lawful heirs or assigns, together with all rights, tit…
In all cases prior to May 21, 1917, where state deeds were issued to lands claimed by this state under the laws of the United States, the legal title to which had not yet vested in the state at the date of such deeds, the after-acquired title of this state in or to such lands shall be deemed vested in such purchasers who purchased such lands in good faith, a…
The State of Oregon hereby remises, releases and forever quitclaims unto the grantees therein, their heirs and assigns, all rights, titles and interest that may have remained or vested in the State of Oregon under deeds executed prior to July 5, 1947, by the State Land Board wherein there was attempted to be reserved a “right of way for ditches, canals and r…
All leases and conveyances granting the right to explore or prospect for minerals or oil and gas, and for the drilling, mining and removal of the same on or from lands or mineral rights under the jurisdiction and control of any state agency, board or commission, which were executed and delivered by such agency, board or commission prior to August 9, 1961, ar…
Violation of ORS 273.231 is a misdemeanor.
A person who violates any provision of ORS 273.225, 273.231, 273.551, 273.715, 273.780 or 273.815 or any rule adopted under ORS 273.045 related to those sections is subject to a civil penalty in an amount to be determined by the Director of the Department of State Lands of not more than $1,000 per day of violation. Civil penalties under this section shall b…
The Director of the Department of State Lands shall adopt by rule a schedule establishing the amount of civil penalty that may be imposed for a particular violation of ORS 273.225, 273.231, 273.551, 273.715, 273.780 or 273.815 or any rule adopted under ORS 273.045 related to those sections. In imposing a penalty under the schedule adopted under subsection (…