For purposes of ORS 184.634, 270.005 to
270.015, 270.100 to 270.190, 273.416, 273.426 to 273.436 and 273.551:
(1) “Department” means the Oregon Department of Administrative
Services.
(2) “Improvements” means any and all structures on or attachments
to state-owned real property, but excluding public improvements as
defined in ORS 279A.010.
(3) “Real property” means all real property together with any and
all improvements thereon.
(4) “Surplus real property” means all state-owned real property and
improvements surplus to agency and state need. [1991 c.816 §3; 1993 c.500
§11; 1997 c.685 §5; 1999 c.314 §79; 2003 c.794 §224] (1) It shall be the policy of the State of Oregon
to hold in state ownership no more state-owned real property than is
necessary to conduct official business, with allowance for reasonably
foreseeable demands of the future. The acquisition, sale, exchange,
lease, retention and management of state-owned real property shall be
subject to a statewide plan that will encourage the transfer through sale
or lease of state-owned real property already in state ownership to
private ownership and use so as to minimize state investment in such land
and place such land on the tax rolls.
(2) In transferring state-owned real property through sale or
lease, to the extent consistent with applicable trust responsibilities,
the state policy shall be to give right of first refusal to purchase in
the following order:
(a) To the lessee of the land.
(b) Where the intended activity or use is similar to that of
adjacent properties within the region:
(A) To adjacent landowners.
(B) To residents within the region.
(C) To persons outside the region. [1991 c.816 §2; 1995 c.589 §1] (1) The
power granted by ORS 184.634, 270.005 to 270.015, 270.100 to 270.190,
273.416, 273.426 to 273.436 and 273.551 is vested in the State of Oregon.
The power is self-operating, without the necessity of further legislation.
(2) In carrying out the provisions of ORS 184.634, 270.005 to
270.015, 270.100 to 270.190, 273.416, 273.426 to 273.436 and 273.551, the
state shall act by and through its duly constituted board, commission or
agency. The state by statute or through its respective board, commission
or agency may provide rules necessary in carrying out the provisions of
ORS 184.634, 270.005 to 270.015, 270.100 to 270.190, 273.416, 273.426 to
273.436 and 273.551. [1991 c.816 §4; 1999 c.314 §80] Title to any parcel of land held by a
state agency shall be in the name of the state, by and through the state
agency controlling the parcel. [Formerly 273.195]The State of Oregon may enter into agreements with the United States or
any agency thereof, relative to the conditions for and places where
electrical and other transmission lines may be placed and maintained
across any property owned or controlled by the state, which agreements
may be in perpetuity or for such length of time as may be specified.
However, no such agreement shall affect the constitutional rights of any
owners of private property who do not join therein. [Formerly 273.461]TRANSFER PROCEDURES(1)(a) Before offering for
sale any real property or equitable interest therein owned by the state,
the state agency acting for the state in such transaction shall report
its intent of sale or transfer to the Oregon Department of Administrative
Services. The department, or the agency specifically designated by the
department, shall notify other state agencies authorized to own real
property of the intended sale or transfer to determine whether
acquisition of the real property or interest therein would be
advantageous to another state agency.
(b) The department shall give political subdivisions, as defined in
ORS 271.005, the first opportunity after other state agencies to acquire,
purchase, exchange or lease real property to be sold or disposed of by
the State of Oregon. The state agency responsible for selling or
transferring the property may require at the time of the sale or transfer
that any state real property sold or transferred to a political
subdivision, as defined in ORS 271.005, shall be for use for a public
purpose or benefit, and not be for resale to a private purchaser.
(c) If property is not disposed of under paragraph (a) or (b) of
this subsection, in accordance with rules adopted by the department, the
state agency desiring to sell or transfer the property shall cause it to
be appraised by one or more competent and experienced appraisers. Except
as provided in ORS 273.825, if such property has an appraised value
exceeding $5,000 it shall not be sold to any private person except after
notice calling for such proposals as set forth in ORS 270.130.
(d) The department shall adopt rules to carry out the provisions of
this section.
(2) Before acquisition of any real property or interest therein by
any state agency, except for highway right of way acquired by the
Department of Transportation and park properties acquired by the State
Parks and Recreation Department and property within the approved
projected campus boundaries for institutions of the Department of Higher
Education, the state agency shall report its intent of acquisition to the
Oregon Department of Administrative Services. The department shall notify
other state agencies owning land of the intended acquisition to determine
whether another state agency desires to sell or transfer property which
would meet the needs of the purchasing agency. In accordance with rules
adopted by the Oregon Department of Administrative Services, if no other
state agency desires to sell or transfer property which would meet the
needs of the agency, the agency may acquire the real property or interest
therein, consistent with applicable provisions of law.
(3) Before any terminal disposition of real property or an interest
in real property, the state agency acting for the state in the
transaction must secure approval of the transaction from the Oregon
Department of Administrative Services.
(4) Subsection (3) of this section does not apply to terminal
disposition of the following real property:
(a) Property controlled by the State Department of Fish and
Wildlife;
(b) State forestlands controlled by the State Forestry Department;
(c) Property controlled by the Department of Transportation;
(d) Property controlled by the Department of State Lands;
(e) Property controlled by the Department of Higher Education;
(f) Property controlled by the legislative or judicial branches of
state government; and
(g) Property controlled by the State Parks and Recreation
Department.
(5) Notwithstanding the provisions of subsection (4) of this
section, prior approval by the Oregon Department of Administrative
Services is required for the terminal disposition of public land for less
than the fair market value of that land.
(6) The provisions of ORS 184.634, 270.005 to 270.015, 270.100 to
270.190, 273.416, 273.426 to 273.436, 273.551 and 308A.709 (1) to (4) do
not apply to a home or farm acquired, sold, or both, by the Department of
Veterans’ Affairs under ORS 88.720, 273.388, 406.050, 407.135, 407.145,
407.375 and 407.377. [1991 c.816 §6; 1999 c.314 §81; 2005 c.625 §64]
Before a state agency terminally disposes of real property to other than
another state agency, the disposing agency shall:
(1) If the value of the real property is $100,000 or less, consider
all the values of the property to the people of this state, including
values for fish and wildlife habitat and public access to other real
property; or
(2) If the value of the real property is greater than $100,000,
invite public comment on and consider all the values of the property to
the people of this state, including values for fish and wildlife habitat
and public access to other property. [1991 c.816 §21](1) Except as provided in subsection (2) of this
section, whenever the state or any agency thereof possesses or controls
real property not needed for public use, or whenever the public interest
may be furthered, the state or its agency may sell, exchange, convey or
lease for any period not exceeding 99 years all or any part of its
interest in the property to or with the state or any political
subdivision of the state or the United States or any agency thereof or
private individual or corporation. Except where the state is exchanging
real property, the consideration for the transfer or lease may be cash or
real property, or both.
(2) If the ownership, right or title of the state to any real
property set apart by deed, will or otherwise for a burial ground or
cemetery, or for the purpose of interring the remains of deceased
persons, is limited or qualified or the use of such real property is
restricted, whether by dedication or otherwise, the state or its agency
may, after first declaring by resolution that such real property is not
needed for public use, or that the sale, exchange, conveyance or lease
thereof will further the public interest, file a complaint in the circuit
court for the county in which such real property is located against all
persons claiming any right, title or interest in such real property,
whether the interest be contingent, conditional or otherwise, for
authority to sell, exchange, convey or lease all or any part of such real
property. The resolution is prima facie evidence that such real property
is not needed for public use, or that the sale, exchange, conveyance or
lease will further the public interest. The action shall be commenced and
prosecuted to final determination in the same manner as an action not
triable by right to a jury. The complaint shall contain a description of
such real property, a statement of the nature of the restrictions,
qualifications or limitations, and a statement that the defendants claim
some interest therein. The court shall make such judgment as it shall
deem proper, taking into consideration the limitations, qualifications or
restrictions, the resolution and all other matters pertinent thereto.
Neither costs nor disbursements may be recovered against any defendant.
(3) The authority to lease property granted by this section
includes authority to lease property not owned or controlled by the state
at the time of entering into the lease. Such lease shall be conditioned
upon the subsequent acquisition of the interest covered by the lease.
(4) Any lease of state real property exceeding five years must be
approved in advance by the Oregon Department of Administrative Services,
except for leases:
(a) Negotiated by the Oregon Department of Aviation;
(b) Of state forestlands;
(c) Of property controlled by the Department of State Lands,
Department of Transportation or Department of Higher Education; or
(d) Of property controlled by the legislative or judicial branches
of state government. [1991 c.816 §5; 1999 c.935 §25; 2005 c.15 §1](1) In exercising certain of its functions under ORS
184.634, 270.005 to 270.015, 270.100 to 270.190, 273.416, 273.426 to
273.436 and 273.551, the Oregon Department of Administrative Services
shall be advised by an advisory committee consisting of seven members
appointed by the Governor.
(2) The advisory committee appointed under subsection (1) of this
section shall consist of two members of the Legislative Assembly, one
person who is licensed under ORS 696.020, two persons who serve in the
executive branch of state government, one person qualified as a land use
planner, and one person qualified as a real estate management expert.
(3) Members of the advisory committee shall meet at such times and
places and elect such officers and make such rules for the conduct of
committee business as the committee may specify.
(4) Members of the advisory committee who are not members of the
Legislative Assembly are entitled to compensation under ORS 292.495.
Members of the advisory committee who are members of the Legislative
Assembly shall be paid compensation and expense reimbursement as provided
in ORS 171.072, payable from funds appropriated to the Legislative
Assembly.
(5) Expenses of the committee shall be paid from funds appropriated
to the department to carry out subsection (6) of this section.
(6)(a) The advisory committee shall advise the department on the
acquisition, exchange or disposal of real property valued at $100,000 or
more.
(b) The department may request the advice of the committee
involving any real property transaction valued less than $100,000.
[Formerly 273.655; 1997 c.632 §2; 1999 c.314 §82] The state agency acting for
the state in the transaction shall give the notice of the proposed sale
not less than once a week for three successive weeks by publication in
one or more newspapers of general circulation in the county in which such
real property is situated, and in such other newspapers, if any, as the
agency considers advisable. The notice shall describe generally and by
legal subdivision such property and the asking price. The state agency
shall reserve the right to accept or reject any proposal. [1991 c.816 §7] (1) The
decision of the state agency on the question of the most advantageous
proposal for real property to be sold, shall be final and conclusive, and
shall not be subject to review by any court.
(2) Each proposal shall be accompanied by a certified check or by
sufficient bond furnished by a surety company authorized to do business
in this state, in favor of the State of Oregon, in a sum not less than 10
percent of the total amount of the value of the proposal. [1991 c.816 §11] If the
provisions of ORS 270.100, 270.110 and 270.130 have been complied with as
to property administered by it and no satisfactory proposal has been
received, the state agency may, at any time during a period of 18 months
after the advertised date of sale, sell such property in such manner as
it considers appropriate, including such commercially reasonable means as
through a real estate licensee as set forth in ORS 696.007. [1991 c.816
§9]MANAGEMENT (1) The proceeds, less
costs, of any real property sold by the Oregon Department of
Administrative Services under ORS 270.100, 270.110 and 270.130 may be
credited to and deposited in the Capital Projects Fund established by ORS
276.005 or the Trust for Cultural Development Account established in ORS
359.405.
(2) The proceeds of any real property sold by a state agency under
ORS 270.100 and 270.110 may be credited to and deposited in the Trust for
Cultural Development Account. If the proceeds are credited to and
deposited in the account, a state agency may retain from the proceeds the
costs of selling the real property and the amount originally paid by the
state agency when the state agency acquired the real property.
(3) The revenue from the rental or lease of surplus real property
managed by the department shall be deposited in the State Treasury to the
credit of the operating fund established by ORS 283.076.
(4) Notwithstanding the provisions of subsection (1) or (2) of this
section, an agency may negotiate with the department to apply the
proceeds of a sale, transfer or lease of such surplus real property to
another capital acquisition of that agency. [1991 c.816 §10; 2001 c.954
§29]In addition to authority granted to the Oregon
Department of Administrative Services under ORS 184.634, 270.005 to
270.015, 270.100 to 270.190, 273.416, 273.426 to 273.436 and 273.551, the
department, pursuant to an agreement under ORS 190.110, may undertake the
management of any real property, and improvements thereon, that is the
property of or within the management jurisdiction of any state agency.
Reimbursement of department costs shall be made subject to terms of the
agreement. [Formerly 273.695; 1999 c.314 §83] The Oregon
Department of Administrative Services acting on behalf of the State of
Oregon may grant an easement or right of way on any real property under
its control if the department determines that the easement or right of
way would be in the public interest. [Formerly 273.639](1) The Oregon Department of
Administrative Services shall maintain and keep current an inventory of
all state-owned real property and shall classify all such property on the
basis of current use, value, idle or surplus to agency need. The
department shall establish categories of real property necessary for
management of state-owned real property. Land owning agencies shall
provide status information, as requested by the department, of agency
owned land for the department to carry out its clearinghouse function.
(2) On or before October 1 of each even-numbered year, a state
agency shall submit to the department a revised and updated inventory of
any surplus real property that it owns. The inventory shall list
separately any surplus real property located within an urban growth
boundary.
(3) The department may apportion to each state agency owning real
property its contribution to reimburse the department for the costs
incurred in maintaining the real property inventory set forth in
subsections (1) and (2) of this section.
(4) Contributions apportioned by the department under subsection
(3) of this section are continuously appropriated to the department to
reimburse it for its costs incurred in maintaining the real property
inventory.
(5) The department shall adopt rules to assess state land owning
agencies for administration of the state lands management program.
[Formerly 273.675] At the end of each
biennium, the Oregon Department of Administrative Services shall transfer
from the Oregon Department of Administrative Services Operating Fund to
the Capital Projects Fund established by ORS 276.005 all revenue from the
rental or lease of property described in ORS 270.150 not expended for
administration, taxes, repairs or improvements. [Formerly 273.628; 1993
c.500 §12]
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