USA Statutes : oregon
Title : TITLE 24 PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
Chapter : Chapter 271 Use and Disposition of Public Lands Generally; Easements
As used in ORS
271.005 to 271.540:

(1) “Governing body” means the board or body in which the general
legislative power of a political subdivision is vested.

(2) “Governmental body” means the State of Oregon, a political
subdivision, the United States of America or an agency thereof.

(3) “Political subdivision” means any local government unit,
including, but not limited to, a county, city, town, port, dock
commission or district, that exists under the laws of Oregon and has
power to levy and collect taxes. [1981 c.787 §2]     

(1) Whenever any person interested in any real property
in an incorporated city in this state desires to vacate all or part of
any street, avenue, boulevard, alley, plat, public square or other public
place, such person may file a petition therefor setting forth a
description of the ground proposed to be vacated, the purpose for which
the ground is proposed to be used and the reason for such vacation.

(2) There shall be appended to such petition, as a part thereof and
as a basis for granting the same, the consent of the owners of all
abutting property and of not less than two-thirds in area of the real
property affected thereby. The real property affected thereby shall be
deemed to be the land lying on either side of the street or portion
thereof proposed to be vacated and extending laterally to the next street
that serves as a parallel street, but in any case not to exceed 200 feet,
and the land for a like lateral distance on either side of the street for
400 feet along its course beyond each terminus of the part proposed to be
vacated. Where a street is proposed to be vacated to its termini, the
land embraced in an extension of the street for a distance of 400 feet
beyond each terminus shall also be counted. In the vacation of any plat
or part thereof the consent of the owner or owners of two-thirds in area
of the property embraced within such plat or part thereof proposed to be
vacated shall be sufficient, except where such vacation embraces street
area, when, as to such street area the above requirements shall also
apply. The consent of the owners of the required amount of property shall
be in writing. [Amended by 1999 c.866 §2] The petition shall be presented
to the city recorder or other recording officer of the city. If found by
the recorder to be sufficient, the recorder shall file it and inform at
least one of the petitioners when the petition will come before the city
governing body. A failure to give such information shall not be in any
respect a lack of jurisdiction for the governing body to proceed on the
petition. The city governing body may deny the
petition after notice to the petitioners of such proposed action, but if
there appears to be no reason why the petition should not be allowed in
whole or in part, the governing body shall fix a time for a formal
hearing upon the petition. (1) The city recorder or other recording
officer of the city shall give notice of the petition and hearing by
publishing a notice in the city official newspaper once each week for two
consecutive weeks prior to the hearing. If no newspaper is published in
such city, written notice of the petition and hearing shall be posted in
three of the most public places in the city. The notices shall describe
the ground covered by the petition, give the date it was filed, the name
of at least one of the petitioners and the date when the petition, and
any objection or remonstrance, which may be made in writing and filed
with the recording officer of the city prior to the time of hearing, will
be heard and considered.

(2) Within five days after the first day of publication of the
notice, the city recording officer shall cause to be posted at or near
each end of the proposed vacation a copy of the notice, which shall be
headed, “Notice of Street Vacation,” “Notice of Plat Vacation” or “Notice
of Plat and Street Vacation,” as the case may be. The notice shall be
posted in at least two conspicuous places in the proposed vacation area.
The posting and first day of publication of such notice shall be at least
14 days before the hearing.

(3) The city recording officer shall, before publishing such
notice, obtain from the petitioners a sum sufficient to cover the cost of
publication, posting and other anticipated expenses. The city recording
officer shall hold the sum so obtained until the actual cost has been
ascertained, when the amount of the cost shall be paid into the city
treasury and any surplus refunded to the depositor. [Amended by 1991
c.629 §1; 2005 c.22 §196] At the time fixed by the governing
body for hearing the petition and any objections filed thereto or at any
postponement or continuance of such matter, the governing body shall hear
the petition and objections and shall determine whether the consent of
the owners of the requisite area has been obtained, whether notice has
been duly given and whether the public interest will be prejudiced by the
vacation of such plat or street or parts thereof. If such matters are
determined in favor of the petition the governing body shall by ordinance
make such determination a matter of record and vacate such plat or
street; otherwise it shall deny the petition. The governing body may,
upon hearing, grant the petition in part and deny it in part, and make
such reservations, or either, as appear to be for the public interest. (1) The city
governing body may initiate vacation proceedings authorized by ORS
271.080 and make such vacation without a petition or consent of property
owners. Notice shall be given as provided by ORS 271.110, but such
vacation shall not be made before the date set for hearing, nor if the
owners of a majority of the area affected, computed on the basis provided
in ORS 271.080, object in writing thereto, nor shall any street area be
vacated without the consent of the owners of the abutting property if the
vacation will substantially affect the market value of such property,
unless the city governing body provides for paying damages. Provision for
paying such damages may be made by a local assessment, or in such other
manner as the city charter may provide.

(2) Two or more streets, alleys, avenues and boulevards, or parts
thereof, may be joined in one proceeding, provided they intersect or are
adjacent and parallel to each other.

(3) No ordinance for the vacation of all or part of a plat shall be
passed by the governing body until the city recording officer has filed
in the office of the city recording officer or indorsed on the petition
for such vacation a certificate showing that all city liens and all taxes
have been paid on the lands covered by the plat or portion thereof to be
vacated.

(4) Any property owner affected by the order of vacation or the
order awarding damages or benefits in such vacation proceedings may
appeal to the circuit court of the county where such city is situated in
the manner provided by the city charter. If the charter does not provide
for such appeal, the appeal shall be taken within the time and in
substantially the manner provided for taking an appeal from justice court
in civil cases. [Amended by 1995 c.658 §101] The title to the street or other
public area vacated shall attach to the lands bordering on such area in
equal portions; except that where the area has been originally dedicated
by different persons and the fee title to such area has not been
otherwise disposed of, original boundary lines shall be adhered to and
the street area which lies on each side of such boundary line shall
attach to the abutting property on such side. If a public square is
vacated the title thereto shall vest in the city. [Amended by 1981 c.153
§58] A certified copy of
the ordinance vacating any street or plat area and any map, plat or other
record in regard thereto which may be required or provided for by law,
shall be filed for record with the county clerk. The petitioner for such
vacation shall bear the recording cost and the cost of preparing and
filing the certified copy of the ordinance and map. A certified copy of
any such ordinance shall be filed with the county assessor and county
surveyor. No street shall be
vacated upon the petition of any person when it is proposed to replat or
rededicate all or part of any street in lieu of the original unless such
petition is accompanied by a plat showing the proposed manner of
replatting or rededicating. If the proposed manner of replatting or
rededicating or any modification thereof which may subsequently be made
meets with the approval of the city governing body, it shall require a
suitable guarantee to be given for the carrying out of such replatting or
rededication or may make any vacation conditional or to take effect only
upon the consummation of such replatting or rededication. The provisions of ORS
271.080 to 271.160 are alternative to the provisions of the charter of
any incorporated city and nothing contained in those statutes shall in
anywise affect or impair the charter or other provisions of such cities
for the preservation of public access to and from transportation
terminals and navigable waters.To the end that adequate facilities for terminal trackage,
structures and the instrumentalities of commerce and transportation may
be provided in cities and towns located within or forming a part of any
port district organized as a municipal corporation in this state, the
governing body of such cities and towns, upon the petition of any such
port, or corporation empowered to own or operate a railroad, steamship or
other transportation terminal, or railroad company entering or operating
within such city or town, or owner of property abutting any such
terminal, may:

(1) Authorize any port commission, dock commission, common carrier,
railroad company or terminal company to occupy, by any structure,
trackage or machinery facilitating or necessary to travel, transportation
or distribution, any street or public property, or parts thereof, within
such city or town, upon such reasonable terms and conditions as the city
or town may impose.

(2) Vacate the whole or any part of any street, alley, common or
public place, with such restrictions and upon such conditions as the city
governing body may deem reasonable and for the public good.

(3) If any railroad company owns or has an exclusive easement upon
a definite strip within or along any public street, alley, common or
public place, and if the city governing body determines such action to be
to the advantage of the public, vacate the street area between the strip
so occupied by the railroad company and one property line opposite
thereto, condition that the railroad company dedicates for street
purposes such portion of such exclusive strip occupied by it as the city
governing body may determine upon, and moves its tracks and facilities
therefrom onto the street area so vacated. The right and title of the
railroad company in the vacated area shall be of the same character as
previously owned by it in the exclusive strip which it is required by the
city governing body to surrender and dedicate to street purposes.No vacation of all or part of a street, alley, common or public
place shall take place under ORS 271.180 unless the consent of the
persons owning the property immediately adjoining that part of the street
or alley to be vacated is obtained thereto in writing and filed with the
auditor or clerk of the city or town. No vacation shall be made of any
street, alley, public place or part thereof, if within 5,000 feet of the
harbor or pierhead line of the port, unless the port commission, or other
bodies having jurisdiction over docks and wharves in the port district
involved, approves the proposed vacation in writing. (1) Before any street, alley, common or
public place or any part thereof is vacated, or other right granted by
any city governing body under ORS 271.180 to 271.210 the applicant must
petition the governing body of the city or town involved, setting forth
the particular circumstances of the case, giving a definite description
of the property sought to be vacated, or of the right, use or occupancy
sought to be obtained, and the names of the persons to be particularly
affected thereby. The petition shall be filed with the auditor or clerk
of the city or town involved 30 days previous to the taking of any action
thereon by the city governing body.

(2) Notice of the pendency of the petition, containing a
description of the area sought to be vacated or right, use or occupancy
sought to be obtained, shall be published at least once each week for
three successive weeks prior to expiration of such 30-day period in a
newspaper of general circulation in the county wherein the city or town
is located. Hearing upon the petition shall
be had by the city governing body at its next regular meeting following
the expiration of 30 days from the filing of the petition. At that time
objections to the granting of the whole or any part of the petition shall
be duly heard and considered by the governing body, which shall
thereupon, or at any later time to which the hearing is postponed or
adjourned, pass by a majority vote an ordinance setting forth the
property to be vacated, or other rights, occupancy or use to be thereby
granted. Upon the expiration of 30 days from the passage of the ordinance
and the approval thereof by the mayor of the city or town, the ordinance
shall be in full force and effect. All objections to the
petition shall be filed with the clerk or auditor of the city or town
within 30 days from the filing of the petition, and if not so filed shall
be conclusively presumed to have been waived. The regularity, validity
and correctness of the proceedings of the city governing body pursuant to
ORS 271.180 to 271.210, shall be conclusive in all things on all parties,
and cannot in any manner be contested in any proceeding whatsoever by any
person not filing written objections within the time provided in this
section. (1) If any town or plat of any
city or town is vacated by a county court or municipal authority of any
city or town, the vacation order or ordinance shall be recorded in the
deed records of the county. Whenever a vacation order or ordinance is so
recorded, the county surveyor of such county shall, upon a copy of the
plat that is certified by the county clerk, trace or shade with permanent
ink in such manner as to denote that portion so vacated, and shall make
the notation “Vacated” upon such copy of the plat, giving the book and
page of the deed record in which the order or ordinance is recorded.
Corrections or changes shall not be allowed on the original plat once it
is recorded with the county clerk.

(2) For recording in the county deed records, the county clerk
shall collect the same fee as for recording a deed. For the services of
the county surveyor for marking the record upon the copy of the plat, the
county clerk shall collect a fee as set by ordinance of the county
governing body to be paid by the county clerk to the county surveyor.
[Amended by 1971 c.621 §31; 1975 c.607 §31; 1977 c.488 §2; 1979 c.833
§30; 1999 c.710 §12; 2001 c.173 §5]TRANSFER, LEASE, DONATION OR USE OF PUBLIC LANDS(1) The power granted by ORS 271.300 to 271.360 is vested in each
political subdivision of the State of Oregon. The power is
self-operating, without the necessity of further legislation.

(2) In carrying ORS 271.300 to 271.360 into effect, a political
subdivision shall act through its duly constituted governing body. Each
political subdivision through its governing body may provide rules
necessary in carrying out ORS 271.300 to 271.360. [Amended by 1981 c.787
§26; 1985 c.443 §4](1) Except
as provided in subsection (2) of this section, whenever any political
subdivision possesses or controls real property not needed for public
use, or whenever the public interest may be furthered, a political
subdivision may sell, exchange, convey or lease for any period not
exceeding 99 years all or any part of their interest in the property to a
governmental body or private individual or corporation. The consideration
for the transfer or lease may be cash or real property, or both.

(2) If the ownership, right or title of the political subdivision
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 political
subdivision may, after the county court or governing body thereof has
first declared 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 restriction, qualification 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 limitation, qualifications or restrictions,
the resolution, and all other matters pertinent thereto. Neither costs
nor disbursements may be recovered against any defendant.

(3) Unless the governing body of a political subdivision determines
under subsection (1) of this section that the public interest may be
furthered, real property needed for public use by any political
subdivision owning or controlling the property shall not be sold,
exchanged, leased or conveyed under the authority of ORS 271.300 to
271.360, except that it may be exchanged for property which is of equal
or superior useful value for public use. Any such property not
immediately needed for public use may be leased if, in the discretion of
the governing body having control of the property, it will not be needed
for public use within the period of the lease.

(4) The authority to lease property granted by this section
includes authority to lease property not owned or controlled by the
political subdivision at the time of entering into the lease. Such lease
shall be conditioned upon the subsequent acquisition of the interest
covered by the lease. [Amended by 1955 c.755 §1; 1961 c.136 §1; 1979
c.284 §127; 1981 c.787 §27; 1985 c.443 §5; 1999 c.559 §2] If any property owned by a
political subdivision 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 271.310, 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. [Amended by 1981 c.787 §28]
(1) Any political subdivision is granted express power to relinquish the
title to any of its property not needed for public use to any
governmental body, providing such property shall be used for not less
than 20 years for a public purpose by the governmental body in the State
of Oregon. These transfers for public purposes may include transfers
without consideration of property held by counties as a result of tax
foreclosures.

(2)(a) Any political subdivision is granted express power to
relinquish the title to any of its property to a qualifying nonprofit
corporation or a municipal corporation for the purpose of providing any
of the following:

(A) Low income housing;

(B) Social services; or

(C) Child care services.

(b) As used in this subsection:

(A) “Qualifying nonprofit corporation” means a corporation that is
a public benefit corporation under ORS 65.001 (37) and that has obtained
a ruling from the federal Internal Revenue Service providing that the
corporation is exempt from federal income taxes under section 501(c)(3)
of the Internal Revenue Code.

(B) “Social services” and “child care services” include but are not
limited to education, training, counseling, health and mental health
services and the provision of facilities and administrative services to
support social services and child care services.

(3) Any political subdivision is granted express power to convey
real property to a nonprofit or municipal corporation to be used by the
nonprofit or municipal corporation for the creation of open space, parks
or natural areas for perpetual public use. The instrument conveying the
real property shall include a restriction on the use of the property that
limits the uses of the property to those uses described in this
subsection. The instrument conveying the property shall also contain a
provision for the reversion of the property to the political subdivision
if the property is not used in conformance with the restriction. Real
property conveyed under this subsection may include real property held by
a political subdivision as a result of tax foreclosures.

(4) Transfers under this section may include transfers without
consideration of property held by counties as a result of tax
foreclosures.

(5) Before any county court or board of county commissioners may
transfer, under subsection (1) of this section, any tax foreclosed lands
in which the state or a political subdivision has represented delinquent
and uncollected taxes, liens or assessments, it shall advertise in a
newspaper of general circulation in the county for two successive weeks
its intention to so transfer the property. The notice shall state when
the county court will hear objections to the transfer and must
specifically describe the property intended to be transferred. After the
hearing set in the notice is held and objections are heard, it may, in
its sound discretion, proceed with the transfer. Except in the case of a
transfer for low income housing, real property shall be conveyed by deed,
subject to a reversionary interest retained by the granting political
subdivision in the event that the property is used for a purpose that is
inconsistent with the grant. The granting political subdivision may waive
the subdivision’s right to a reversionary interest at the time the
property is conveyed. After the transfer the interests of the state or
any political subdivision in the land on account of uncollected taxes,
liens or assessments are extinguished, and the county is relieved of the
necessity to account for uncollected taxes, liens or assessments.
[Amended by 1981 c.787 §29; 1991 c.556 §1; 1997 c.248 §1; 1997 c.752 §2;
1999 c.366 §1; 2001 c.315 §54]Any political subdivision, by resolution adopted by the
governing body of the political subdivision, may waive and relinquish any
reversionary interest held by the political subdivision in property
transferred under ORS 271.330 when the transfer occurred not less than 20
years prior to the date on which the resolution is adopted. [1999 c.366
§3] When property
is exchanged under the authority of ORS 271.310 to 271.330, the value of
the real property accepted by the political subdivision in exchange for
any of its property plus cash, if any, shall not be less than the value
of the property relinquished. [Amended by 1981 c.787 §30] The value
of the respective properties proposed to be exchanged shall be determined
by the governing body of the political subdivision. The governing body
shall cause it to be appraised by one or more competent and experienced
appraisers. The compensation, if any, of the appraisers shall be borne
equally by the respective owners of the property. In case the valuation
shall not be mutually satisfactory to the respective owners it shall not
be binding upon them. [Amended by 1981 c.787 §31] Every lease entered into pursuant to
ORS 271.310 shall be authorized by ordinance or order of the body
executing the same and shall provide terms and conditions as may be fixed
and determined by the governing body executing the lease. The lease may
provide that the lessee shall pay ad valorem taxes assessable against the
leased property, or that the political subdivision shall pay these taxes,
in which latter event the anticipated amount of taxes shall be taken into
consideration in fixing the rental charge. [Amended by 1981 c.787 §32] The counties
of the state are authorized to sell, convey, lease or exchange any or all
county-owned lands chiefly suitable for grazing, to or with the state or
each other and with the United States of America for other lands either
of equal acreage or of equal value. All powers granted by this section to
the several counties are in addition to and not in derogation of powers
previously conferred by law. [Formerly 273.240; 1981 c.787 §34]Any political subdivision
occupying a street or public property of another 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 that occupancy. [1959 c.442 §1; 1981 c.787 §35](1) As used in this section:

(a) “Council of governments” means a council of governments or
other similar entity created prior to the enactment of ORS 190.010 (5) on
September 29, 1991.

(b) “Governmental unit” has the meaning given that term in ORS
288.150.

(c) “Real or personal property” means land, improvements to land,
structures, fixtures, personal property, including furnishings, equipment
and computer software purchases and licenses, and any costs that may be
capitalized under generally accepted accounting principles and treated as
costs of personal property.

(2) A governmental unit or a council of governments may enter into
contracts for the leasing, rental or financing of any real or personal
property that the governing body of the governmental unit or council of
governments determines is needed, including contracts for rental, long
term leases under an optional contract for purchase, financing agreements
with vendors, financial institutions or others, or for purchase of any
property. Contracts made by a governmental unit or a council of
governments are subject to the terms of its charter, intergovernmental
agreement or other organizing document, if applicable. If authorized by
the governing body, the contracts may:

(a) Provide that the obligations of the governmental unit or
council of governments under the contract is secured by a mortgage on or
other security interest in the property to be leased, rented, purchased
or financed under the contract.

(b) Provide that the obligations of the governmental unit or
council of governments under the contract are payable out of all or any
portion of the lawfully available funds, as defined in ORS 288.162, of
the governmental unit or council of governments, and lawfully available
funds may be pledged to the payment of those obligations.

(c) If authorized by the charter, intergovernmental agreement or
other organizing document of the governmental unit or council of
governments, contain a covenant on the part of the governmental unit or
council of governments to budget and appropriate in each fiscal year, in
accordance with law, sums sufficient to pay when due the amounts owing
under the contract.

(d) Provide for the issuance of certificates of participation in
the payment obligations of the governmental unit or council of
governments under the contract and contain other covenants, agreements
and provisions determined to be necessary or appropriate in order to
better secure the obligations of the governmental unit or council of
governments.

(3) The lien of the pledge, mortgage or security interest is valid
and binding from the time of entering into the contract. The revenue or
property is immediately subject to the lien without physical delivery,
filing or other act, and the lien is superior to all other claims and
liens of any kind whatsoever. Subject to the terms, provisions and
limitations of the contract, the lien may be foreclosed by a proceeding
brought in the circuit court of the county in which the governmental
unit, or the greater part thereof, or the main office of the council of
governments is located, and any tangible real or personal property
subject to the lien may be sold upon the order of the court. The proceeds
of the sale must be applied first to the payment of the costs of
foreclosure and then to the amounts owing under the contract, with any
balance being paid to the governmental unit or council of governments.
The authority granted by this section is in addition to, and not in lieu
of, any other statutory or charter authority.

(4) A governmental unit or council of governments that has entered
into a lease purchase or installment purchase agreement may enter into a
financing agreement to refinance the obligations of the governmental unit
or council of governments under the lease purchase or installment
purchase agreement.

(5) The estimated weighted average life of a financing contract
executed under this section may not exceed the estimated dollar weighted
average life of the real or personal property that is financed with the
contract. [Amended by 1995 c.333 §2; 1997 c.171 §7; 1999 c.559 §1; 2003
c.195 §8; 2005 c.443 §3]
Notwithstanding any other law, the governing body of a political
subdivision may convey, by a proper deed of conveyance executed by the
proper governing body, to the State of Oregon, by and through any state
agency, for carrying out the purposes of that agency, any lands or rights
therein vested in the political subdivision, upon terms and conditions as
may be agreed upon with the state agency. [Amended by 1981 c.787 §36]Whenever any property or rights therein required
by any county in carrying out public purposes is owned by an incorporated
city or town within such county, the city or town may, if in the judgment
of the governing body of the city or town the public may be benefited
thereby, convey and transfer to such county by proper conveyances, and
the county may accept, such property or rights. [Amended by 1981 c.153
§59]Any municipal corporation having the right to possession of
real property within or without its corporate limits may rent, lease or
otherwise give possession of such real property for the purpose of
conducting such rodeos, baseball games, football games, racing and
exhibitions generally as are authorized under the laws of this state. By ordinance
duly passed by its governing body, any incorporated city or town may
authorize the acceptance of its general obligation bonds or interest
coupons, or both, in payment of the purchase price of any lands acquired
and for sale by such city or town.Any political subdivision
holding the easement or fee title to a street or highway may lease the
space above or below that street or highway for private purposes for such
period as the governing body determines the space will not be needed for
public purposes, and upon other terms and conditions the governing body
finds to be in the public interest. Before leasing the space, the
governing body shall determine that the use of the space will not
unreasonably interfere with the public use and utility use of the street
or highway, and shall notify the property owners abutting the space
proposed to be leased under this section and give them an opportunity to
be heard with respect to the proposed leasing. Lease of space above or
below a street or highway for private purposes shall not affect prior
dedication or grant of the area for street or highway purposes. [1969
c.586 §2; 1981 c.787 §37]Any political subdivision, owning or
controlling any real property or rights therein, 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 that property. The agreements may be
in perpetuity or for a shorter period. However, an agreement shall not
affect the constitutional rights of any owners of private property who do
not join therein. [Formerly 758.030; 1981 c.787 §38](1) It is the intent of the Legislative Assembly
that the state inform city and county governments of applications for the
installation of fiber-optic lines on public land and in public rights of
way that have been submitted to state agencies.

(2) The Governor shall direct the Department of Transportation and
the Department of State Lands to take such action as necessary to ensure
that affected city and county governments are informed of applications
for the installation and maintenance of fiber-optic lines on public land
and in public rights of way that have been submitted to the state
agencies. [1999 c.1093 §40]Note: 271.445 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 271 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.ACQUISITION AND DISPOSITION OF INDUSTRIAL FACILITIES As used in ORS
271.510 to 271.540, “industrial facility” means any land, any building or
other improvement, and all real and personal properties, including, but
not limited to, machinery and equipment deemed necessary in connection
therewith, whether or not now in existence, which shall be suitable for
use for industrial, commercial, manufacturing, research and development
or warehousing purposes, but shall not include port facilities, railroads
or facilities for any purposes or enterprises which are subject to
regulation by the Public Utility Commission of Oregon. [1965 c.553 §2;
1981 c.787 §39; 1983 c.459 §13; 1985 c.541 §3] It is hereby declared
that there is a need for the continued development of industrial,
commercial, manufacturing, research and development and warehouse
facilities to insure the growth and prosperity of the state, and of the
counties and cities within the state. It is the purpose of ORS 271.510 to
271.540 to provide the counties and cities within the state with the
power to acquire title by gift, grant or donation to one or more
industrial facilities and to lease, sell and convey such facilities to
any person, firm, partnership or corporation, either public or private.
It is further declared that the acquisition of title to such facilities
and the lease, sale and conveyance of such facilities as provided by ORS
271.510 to 271.540 is a public purpose and shall be regarded as
performing an essential governmental function in carrying out the
provisions of ORS 271.510 to 271.540. [1965 c.553 §1; 1983 c.459 §14]In addition to any other powers which they may now
have, and notwithstanding any law to the contrary, each county and city
shall have the following powers:

(1) To acquire by gift, grant or donation one or more industrial
facilities, which shall be located within the state, and which may be
located within, without, or partially within or partially without, such
county or city.

(2) To lease to any person, firm, partnership or corporation,
either public or private, any or all of such industrial facilities
acquired pursuant to subsection (1) of this section from a nonprofit
corporation formed for the purpose of stimulating industrial development,
including any part thereof, for such rentals and upon such terms and
conditions and for such period or periods as the governing body of the
appropriate county or city may deem advisable.

(3)(a) To sell or convey all or any of such industrial facilities
acquired by a county, including any part thereof, at public or private
sale, with or without advertisement, and to do all acts necessary to the
accomplishment of such sale and conveyance.

(b) To sell or convey all or any of such industrial facilities
acquired by a city, including any part thereof, at public or private sale
as authorized under ORS 221.725 or 221.727, and to do all acts necessary
to the accomplishment of such sale and conveyance. [1965 c.553 §3; 1983
c.216 §3]A county or city shall not operate an industrial facility as a
business enterprise or in any manner except as a lessor. [1965 c.553 §4]MISCELLANEOUS PROVISIONS (1) As used
in this section:

(a) “Indian tribe” has the meaning given that term in ORS 97.740.

(b) “Public body” has the meaning given that term in ORS 174.109.

(c) “Public property” has the meaning given that term in ORS
131.705.

(2) A public body may not use the term “squaw” in the name of a
public property.

(3) When a public body changes a name that contains the term
“squaw,” the public body shall consider as the replacement name a term or
phrase in the language of an Indian tribe.

(4) Subsection (2) of this section does not apply if:

(a) Federal law requires the use of the term “squaw”; or

(b) The public property is a geographic feature that an agency of
the United States names using the term “squaw.” [2001 c.652 §1; 2005
c.165 §1]Note: 271.600 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 271 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.CONSERVATION AND HIGHWAY SCENIC PRESERVATION EASEMENTS As used in ORS
271.715 to 271.795, unless the context otherwise requires:

(1) “Conservation easement” means a nonpossessory interest of a
holder in real property imposing limitations or affirmative obligations
the purposes of which include retaining or protecting natural, scenic, or
open space values of real property, ensuring its availability for
agricultural, forest, recreational, or open space use, protecting natural
resources, maintaining or enhancing air or water quality, or preserving
the historical, architectural, archaeological, or cultural aspects of
real property.

(2) “Highway scenic preservation easement” means a nonpossessory
interest of a holder in real property imposing limitations or affirmative
obligations the purposes of which include retaining or protecting
natural, scenic or open space values of property.

(3) “Holder” means:

(a) The state, any county, metropolitan service district, soil and
water conservation district, city or park and recreation district or a
county service district established under ORS 451.410 to 451.610 to
construct, maintain and operate service facilities in Washington or
Clackamas Counties for the purposes specified in ORS 451.010 (1)(a) and
(b) and in Washington County for the purpose specified in ORS 451.010 (5)
acting alone or in cooperation with any federal or state agency, public
corporation or political subdivision;

(b) A charitable corporation, charitable association, charitable
trust, the purposes or powers of which include retaining or protecting
the natural, scenic, or open space values of real property, assuring the
availability of real property for agricultural, forest, recreational, or
open space use, protecting natural resources, maintaining or enhancing
air or water quality, or preserving the historical, architectural,
archaeological, or cultural aspects of real property; or

(c) An Indian tribe as defined in ORS 97.740.

(4) “Third-party right of enforcement” means a right provided in a
conservation easement or highway scenic preservation easement to enforce
any of its terms granted to a governmental body, charitable corporation,
charitable association or charitable trust, which, although eligible to
be a holder, is not a holder. [1983 c.642 §1; 1985 c.160 §1; 1997 c.249
§78; 1999 c.208 §1; 2001 c.708 §12; 2001 c.907 §2; 2003 c.467 §1; 2005
c.368 §1](1) The state, any county, metropolitan service
district, soil and water conservation district, city or park and
recreation district or a county service district established under ORS
451.410 to 451.610 to construct, maintain and operate service facilities
in Washington or Clackamas Counties for the purposes specified in ORS
451.010 (1)(a) and (b) and in Washington County for the purpose specified
in ORS 451.010 (5) may acquire by purchase, agreement or donation, but
not by exercise of the power of eminent domain, unless specifically
authorized by law, conservation easements in any area within their
respective jurisdictions wherever and to the extent that a state agency
or the governing body of the county, metropolitan service district, soil
and water conservation district, city, park and recreation district or
county service district established under ORS 451.410 to 451.610 to
construct, maintain and operate service facilities in Washington or
Clackamas Counties for the purposes specified in ORS 451.010 (1)(a) and
(b) and in Washington County for the purpose specified in ORS 451.010 (5)
determines that the acquisition will be in the public interest.

(2) Except as otherwise provided in ORS 271.715 to 271.795, a
conservation easement or highway scenic preservation easement may be
created, conveyed, recorded, assigned, released, modified, terminated, or
otherwise altered or affected in the same manner as other easements.

(3) The state, any county, metropolitan service district, soil and
water conservation district, city or park and recreation district or a
county service district established under ORS 451.410 to 451.610 to
construct, maintain and operate service facilities in Washington or
Clackamas Counties for the purposes specified in ORS 451.010 (1)(a) and
(b) and in Washington County for the purpose specified in ORS 451.010 (5)
may acquire by purchase, agreement or donation, but not by exercise of
the power of eminent domain unless specifically authorized by law,
highway scenic preservation easements in land within 100 yards of state,
county or city highway rights of way. These easements may be acquired
only in lands that possess significant scenic value in themselves and
contribute to the overall scenic beauty of the highway.

(4) No right or duty in favor of or against a holder and no right
in favor of a person having a third-party right of enforcement arises
under a conservation easement or highway scenic preservation easement
before its acceptance by the holder and recordation of the acceptance.

(5) Except as provided in ORS 271.755 (2) a conservation easement
or highway scenic preservation easement is unlimited in duration unless
the instrument creating it otherwise provides.

(6) An interest in real property in existence at the time a
conservation easement or highway scenic preservation easement is created
is not impaired by it unless the owner of the interest is a party to or
consents to the conservation easement or highway scenic preservation
easement. [1983 c.642 §2; 1985 c.160 §2; 1997 c.249 §79; 1999 c.208 §2;
2003 c.467 §2; 2005 c.368 §2](1) An owner of real
property considering whether to convey a conservation easement or a
highway scenic preservation easement to a holder may apply to the county
assessor for a report on the effect of the conveyance of the easement on
the assessed value of the property upon which the easement is to be
granted.

(2) The request for the report shall be made in writing to the
assessor and shall be accompanied by:

(a) An appraisal of the property prepared by an appraiser certified
or licensed under ORS chapter 674. The appraisal shall have been prepared
within three months preceding the date that application is made to the
assessor and shall state the appraiser’s opinion of the real market value
of the property both before and after the easement is conveyed;

(b) A copy of the instrument creating the easement; and

(c) A fee in an amount determined by the assessor, as reimbursement
for the costs of preparing the report.

(3) Upon receipt of a completed application, the assessor shall
determine what the assessed value for the property would have been had
the easement been accepted and recorded by the proposed holder for the
last tax year in which a property tax statement described in ORS 311.250
was sent to the property owner. The assessor shall prepare a written
report stating the assessor’s findings and shall send the report to the
property owner. [2001 c.925 §11] (1) Before the acquisition of a
conservation easement or highway scenic preservation easement, the state
agency, county, metropolitan service district, soil and water
conservation district, city, park and recreation district or county
service district established under ORS 451.410 to 451.610 to construct,
maintain and operate service facilities in Washington or Clackamas
Counties for the purposes specified in ORS 451.010 (1)(a) and (b) and in
Washington County for the purpose specified in ORS 451.010 (5)
considering acquisition of such an easement shall hold one or more public
hearings on the proposal and the reasons therefor. The hearings shall be
held in the community where the easement would be located and all
interested persons, including representatives of other governmental
agencies, shall have the right to appear and a reasonable opportunity to
be heard.

(2) Notice of the hearing shall be published at least twice, once
not less than 12 days and once not less than five days, prior to the
hearing in a newspaper of general circulation in the community. The
notice may also be published by broadcasting or telecasting generally in
the community.

(3) At least 30 days prior to the hearing, the state agency shall
mail notice of the hearing to the governing body of each county, city and
other governmental agency having jurisdiction in the area of the proposed
easements.

(4) This section does not apply to conservation easements or
highway scenic preservation easements acquired pursuant to ORS 390.121,
390.310 to 390.338 and 390.805 to 390.925 or acquired pursuant to a
metropolitan service district bond measure authorizing the acquisition of
open spaces within specific areas. [1983 c.642 §9; 1985 c.160 §3; 1989
c.904 §29; 1999 c.208 §3; 2003 c.467 §3; 2005 c.368 §3]A conservation easement or highway scenic preservation easement
is valid even though:

(1) It is not appurtenant to an interest in real property;

(2) It can be or has been assigned to another holder;

(3) It is not of a character that has been recognized traditionally
at common law;

(4) It imposes a negative burden;

(5) It imposes affirmative obligations upon the owner of an
interest in the burdened property or upon the holder;

(6) The benefit does not touch or concern real property; or

(7) There is no privity of estate or of contract. [1983 c.642 §4;
1985 c.160 §4](1) An action affecting
a conservation easement or highway scenic preservation easement may be
brought by:

(a) An owner of an interest in real property burdened by the
easement;

(b) A holder of the easement;

(c) A person having a third-party right of enforcement; or

(d) A person authorized by other law.

(2) ORS 271.715 to 271.795 do not affect the power of a court to
modify or terminate a conservation easement or highway scenic
preservation easement in accordance with the principles of law and
equity. [1983 c.642 §3; 1985 c.160 §5; 1997 c.249 §80](1) ORS 271.715 to 271.795 apply to any
interest created after October 15, 1983, that complies with ORS 271.715
to 271.795, whether designated as a conservation easement or highway
scenic preservation easement, or as a covenant, equitable servitude,
restriction, easement, or otherwise.

(2) ORS 271.715 to 271.795 apply to any interest created before
October 15, 1983, if it would have been enforceable had it been created
after October 15, 1983, unless retroactive application contravenes the
Constitution or laws of this state or the United States.

(3) ORS 271.715 to 271.795 do not invalidate any interest, whether
designated as a conservation or preservation easement or as a covenant,
equitable servitude, restriction, easement, or otherwise, that is
enforceable under other law of this state. [1983 c.642 §5; 1985 c.160 §7;
1997 c.249 §81]The board or officer administering a state agency
or the governing body of any county, metropolitan service district, soil
and water conservation district, city or park and recreation district or
of a county service district established under ORS 451.410 to 451.610 to
construct, maintain and operate service facilities in Washington or
Clackamas Counties for the purposes specified in ORS 451.010 (1)(a) and
(b) and in Washington County for the purpose specified in ORS 451.010 (5)
may make and enforce reasonable rules, regulations, orders or ordinances
governing the care, use and management of its conservation easements and
highway scenic preservation easements. [1983 c.642 §7; 1985 c.160 §8;
1999 c.208 §4; 2003 c.467 §4; 2005 c.368 §4]For the purpose of taxation, real property
that is subject to a conservation easement or a highway scenic
preservation easement shall be assessed on the basis of the real market
value of the property less any reduction in value caused by the
conservation easement or a highway scenic preservation easement. Such an
easement shall be exempt from assessment and taxation the same as any
other property owned by the holder. [1983 c.642 §8; 1985 c.160 §6; 1991
c.459 §371]ORS 271.715 to 271.795 shall be
applied and construed to effectuate the general purpose to make uniform
the laws with respect to the subject of ORS 271.715 to 271.795 among
states enacting it. [1983 c.642 §6; 1997 c.249 §82]

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