USA Statutes : oregon
Title : TITLE 24 PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
Chapter : Chapter 275 County Lands
All real or
personal estate conveyed by any form of conveyance, and duly acknowledged
and recorded, to the inhabitants of any county, or to the county
treasurer, or to any committee or other persons for the use of such
county, shall be deemed the property of such county. All such conveyances
shall have the same force and effect as if made to the inhabitants of
such county by their corporate name. The rights of any
county to public lands are not extinguished by adverse possession. No
title or property rights to public lands shall be acquired against the
county through operation of a statute of limitations. [1981 c.153 §51] (1)
Except as otherwise provided by statute, the county governing body may,
whenever it deems it to the best interest of the county so to do, sell
and convey, in the manner provided for sale of county land under ORS
275.120, 275.140 to 275.160 and 275.180 to 275.260, any real estate owned
by the county and not in use for county purposes. The sale shall be
directed by an order of the county governing body entered upon the
journals.

(2) A county may sell and convey real estate owned by the county in
a manner provided in ORS chapter 271 if the real estate was not acquired
by foreclosure for nonpayment of real property taxes and the county
governing body deems it not to the best interest of the county to sell
and convey in the manner provided under ORS 275.120, 275.140 to 275.160
and 275.180 to 275.260. [Amended by 1981 c.602 §1; 1983 c.537 §1; 2001
c.649 §1] The conveyance
transferring the real estate sold pursuant to ORS 275.030 to the
purchaser thereof shall contain the date of the order authorizing such
sale and the page and journal where the order is entered. The conveyance
shall be signed by the county judge or the chairperson of the board of
county commissioners and acknowledged in the manner provided by law for
acknowledgment of other conveyances of real estate. A conveyance so made
conveys all the interest of the county in the property described therein.
[Amended by 1983 c.537 §2]
(1) Except as otherwise provided by statute, the governing body of a
county may exchange county land of any character, which has first been
offered for sale but not sold for want of a satisfactory bid, for other
lands of equal value to which the owner thereof can give clear title and
which are free of all liens and encumbrances.

(2) Exchanges may be effected between the county and an individual,
partnership or corporation. Thirty days prior to the consummation of the
exchange, notice of intention to exchange, setting forth the legal
description of the property to be exchanged, together with the appraised
value as recently determined by the governing body of the county and the
legal description of the property to be acquired in exchange, shall be
published for two successive weeks in a newspaper of general circulation
in the county. At any time before an exchange is actually made, written
objection thereto may be filed by any interested person and the governing
body of the county shall consider any such objection, and at its
discretion may conduct hearings thereon. If, after duly considering such
objection, the governing body of the county still deems that the proposed
exchange is for the best interests of the county, the governing body may
proceed with the exchange and its determination in that respect shall be
final.

(3) Lands received by the county in exchange may be sold, leased or
exchanged the same as might have been done with the lands originally
exchanged. [Amended by 2005 c.243 §10]Any county governing body may grant an option to
purchase, contract to sell and convey, or donate to the United States or
State of Oregon or to any corporation the majority of whose capital stock
is owned by the United States, any real property owned by the county
including that acquired pursuant to tax foreclosure proceedings at such
price and on such terms as the county governing body may deem to be for
the best interests of the county. The resolution of the county governing
body to grant an option to purchase, contract to sell, sell and convey,
or donate as provided shall be entered by the governing body upon its
journal and any option to purchase, contract to sell, sale and
conveyance, or donation executed pursuant thereto shall be signed on
behalf of the county by the county judge or the chairperson of the board
of county commissioners and acknowledged in the manner prescribed by law.
The county governing body may receive as partial or full consideration
for any sale or conveyance under this section, other real property or
stumpage at a value determined by inspection and appraisal made by the
county governing body or by a board of three appraisers appointed by the
governing body. [Amended by 1983 c.537 §3](1) The governing body of a county
may sell in the manner provided for sale of county land under ORS
275.120, 275.140 to 275.160 and 275.180 to 275.260, and convey to any
person or corporation impounding and selling water to the public, any
lands acquired by such county through foreclosure of tax liens or
otherwise, when, in the discretion of the governing body of the county,
the conveyance is necessary for the preservation or protection of any
watershed from which water is being impounded and sold to the public by
such person or corporation.

(2) Legal title to timber on such lands shall remain in the county
and such timber shall not be removed therefrom except with the express
written consent of and under the direct supervision of the State Board of
Forestry.

(3) Should any such lands so conveyed cease to be used to preserve
and protect the watershed for which it was conveyed, or if the person or
corporation does not take water from the watershed for a period of one
year, legal title to such land shall immediately revert to and revest in
the county without the necessity of reentry. [Amended by 1981 c.602 §2;
2005 c.243 §11](1) As used in this section:

(a) “Actual conflict of interest” has the meaning given that term
under ORS 244.020.

(b) “Bona fide purchaser” means a purchaser of a fee simple
interest in a single property who acquires the property in an
arm’s-length transaction and for fair market value and adequate
consideration.

(c) “Discretionary action” means an action committed to the sound
judgment and conscience of a county officer or a county employee, acting
in the official capacity of the officer or employee.

(d) “Ministerial action” means an action requiring obedience to
specific instructions or law and allowing little or no discretion in its
implementation.

(2) An elected or appointed county officer as described in ORS
204.005, a family member of the officer or an intermediary of either may
not purchase from the county, directly or indirectly, real property
obtained by foreclosure of delinquent tax liens.

(3) A county employee not included under subsection (2) of this
section, a family member of the county employee or an intermediary of
either may not purchase from the county, directly or indirectly, real
property obtained by foreclosure of delinquent tax liens if the county
employee has an actual conflict of interest related to the real property.
An actual conflict of interest may be created under this section by the
discretionary action of a county employee related to the foreclosure,
sale or transfer of the real property by the county, but is not created
by the ministerial action of the county employee.

(4) In addition to and not in lieu of a penalty or sanction that
may apply under ORS chapter 244 or otherwise, if real property is
purchased in violation of this section, the county officer or employee
shall:

(a) Transfer the real property to the county for the amount paid
for the property less an amount for expenses incurred by the county; or

(b) If the real property has been transferred by the county officer
or employee to a bona fide purchaser, transfer to the county the amount
received for the sale to a bona fide purchaser less the amount paid to
obtain the property from the county. [2001 c.180 §2]The governing body of each county
shall have the following powers and duties with respect to all lands
acquired by the county by foreclosure of delinquent tax liens, or by
exchange, devise or gift:

(1) To protect such lands from fire, disease and insect pests, to
cooperate with the United States of America, the State of Oregon, and
with the agencies of both, with persons owning lands within such
counties, and with other counties of the State of Oregon in the
protection of such county-owned lands and to enter into all agreements
necessary or convenient therefor.

(2) To sell, exchange, and lease such lands or any portion of or
interest in the same less than the whole fee.

(3) To grant easements and rights of way over, through and across
such lands.

(4) To reforest cut-over or burned-over timberlands and to
cooperate with the United States of America, the State of Oregon and the
agencies of both, and with other counties of the State of Oregon, and
with persons, firms and corporations owning timberlands within such
county in such reforestation and to make all agreements necessary or
convenient therefor.

(5) To make all rules and regulations, not inconsistent with law,
necessary or convenient for the protection, administration, operation,
conveyance, leasing and acquisition of lands.

(6) To employ such assistance as may be necessary to carry out the
provisions of ORS 275.090 to 275.316 and to cooperate with other counties
in this state in such employment. [Amended by 1969 c.595 §10; 2005 c.243
§12]If any
county has bid in and acquired for taxes and has received a deed for not
less than 90 percent of the number of the lots in any addition or
subdivision or plat, and if it considers it wise so to do, the governing
body of the county shall, by order duly made and entered, authorize the
purchase of such remaining lots from the owners or may exchange for the
lots other lots owned by such county. Upon acquiring title to all the
lots in any addition or subdivision or plat, it may enter an order
vacating the whole of such addition, subdivision or plat. If any
remaining lots are purchased by the county pursuant to this section, the
purchase price of the lots shall not be greater than the real market
value of the lots, and if other lots are exchanged for the remaining
lots, those lots shall be accepted in full payment of the purchase price
of the lots for which they are exchanged. [Amended by 1981 c.804 §78;
1991 c.459 §372; 2005 c.243 §13] (1) When the
governing body of a county considers it to be for the best interests of
the county to sell any real property acquired in any manner by such
county, or any interest therein less than the whole fee, it shall enter
an order upon its records directing the sheriff to make sale thereof, and
fix the minimum price for which each interest, parcel or group of parcels
may be sold and the conditions and terms of sale. The order may be
amended from time to time or revoked as the governing body deems proper.

(2) Subsection (1) of this section and ORS 275.120 to 275.160 do
not apply to the sale of any real property to any other public body or to
the sale of any real property that is an industrial facility as defined
by ORS 271.510. The sale of industrial facilities shall be made in the
manner provided by ORS 271.510 to 271.540. [Amended by 1981 c.602 §3;
1983 c.494 §2; 1983 c.537 §4; 1983 c.740 §72; 1985 c.565 §43; 2005 c.243
§14] (1) Upon receipt of a certified
copy of the order referred to in ORS 275.110, the sheriff shall publish a
notice of the sale of such property in a newspaper of general
circulation, printed and published in the county where the land is
situated, once each week for four consecutive weeks prior to such sale.

(2) The notice shall state:

(a) The time and place of sale;

(b) The description of the property or interest therein to be sold;

(c) If available from the tax roll, the real market value of the
property or interest to be sold as evidenced by the last roll certified
under ORS 311.105 on which the property was included;

(d) The minimum price for the property or interest to be sold, as
fixed by the governing body of the county, which may be lower than the
tax roll value;

(e) The date of the order directing the sale; and

(f) Such other matters as the governing body of the county deems
pertinent.

(3) Proof of publication of the notice shall be made in the same
manner as proof of publication of summons is made, and shall be filed by
the sheriff with the county clerk of the county, and then recorded in the
deed record of the county. [Amended by 1981 c.602 §4; 1989 c.223 §1; 1995
c.79 §93; 2005 c.243 §15]Prior to the date set for the sale of property as
indicated in the notice of sale required under ORS 275.120, a municipal
corporation may file with the county clerk notice that the municipal
corporation has a lien arising out of an assessment for local improvement
against the property described in the notice. The notice shall identify
each property described in the notice to which a lien for assessment for
local improvement has attached and shall state the principal amount of
the lien and the interest thereon to date. Upon receipt of the notice,
the county clerk shall forward a copy of the notice to the county
treasurer and to the county employee responsible for the management of
county-owned real property acquired by the foreclosure of delinquent
property taxes. A notice filed within the time and in the manner
permitted under this section shall preserve the rights of a municipal
corporation to a distribution under ORS 275.275 (3)(a)(A). [Amended by
1997 c.805 §3] All sales shall be made in the
county in which the land is situated between the hours of 10 a.m. and 4
p.m., and may be adjourned from day to day for not to exceed 30 days by
the sheriff, by public announcement made by the sheriff at the time and
place designated in the notice of sale or at the time and place to which
the sale may be adjourned. [Amended by 1971 c.120 §2] At the time of sale, the sheriff shall
give to each purchaser a certificate containing a particular description
of the property sold, the whole purchase price, the amount paid in cash
and the dates upon which future payments will become due. [Amended by
1997 c.805 §4] Upon the close of such sale, the sheriff shall
make due return to the governing body of the county of the proceedings of
the sheriff pursuant to the commands of such order of sale. [Amended by
2005 c.243 §16](1) The governing body of a county may at any time, without
the publication of any notice, sell and convey by deed to the record
owner or the contract purchaser of record, any property acquired by the
county for delinquent taxes for not less than the amount of taxes and
interest accrued and charged against such property at the time of
purchase by the county with interest thereon at the rate of six percent
per annum from the date of such purchase.

(2) All such sales of any such property to the record owner or the
contract purchaser of record shall be subject to all liens or claims
arising out of any assessment for a local improvement levied against such
property, or any part thereof, by any municipal corporation and remaining
unsatisfied, and also shall be subject to any title or equity of the
municipal corporation predicated upon or growing out of any such lien or
assessment. [Amended by 1973 c.843 §1; 1975 c.657 §1; 2005 c.243 §17] (1) As used in ORS
275.110 to 275.250, “purchase agreement” means a purchase money mortgage,
a purchase money trust deed, a land sale contract or any other written
purchase agreement other than an earnest money agreement that requires
payment of an earnest money deposit upon execution and payment of the
outstanding balance in one additional payment.

(2) As used in ORS 275.190, “for cash,” when used to describe the
terms of a sale of county property, includes a sale pursuant to an
earnest money agreement that requires payment of an earnest money deposit
upon execution and payment of the outstanding balance in one additional
payment. [2005 c.243 §2]Note: 275.188 was added to and made a part of 275.110 to 275.250 by
legislative action but was not added to any other series in ORS chapter
275. See Preface to Oregon Revised Statutes for further explanation.(1) Sales made under ORS 275.110 to 275.250 must
be to the highest and best bidder:

(a) For cash; or

(b) For not less than 10 percent of the purchase price in cash with
the remainder to be paid under a purchase agreement in equal installments
over a term not exceeding 20 years from the date of sale and with
deferred payments bearing interest from the date of sale at a rate set by
the governing body of the county and payable annually.

(2) In advertising for bids, the county shall state whether the
sale will be made for cash or by purchase agreement. If by a purchase
agreement that allows for deferred payments, the county shall also state
the term and the rate of interest to which the county will agree.

(3) The purchaser shall have the possession of, and the income from
the premises so long as the purchaser is not in default in the
performance of the purchase agreement with the county, but shall forfeit
the purchaser’s rights under the agreement and to all payments made
pursuant thereto if the purchaser fails to pay the purchase price or any
part of the purchase price, principal or interest, or to pay, before
delinquency, the taxes thereafter levied against the premises, or commits
or suffers any strip or waste of or on the premises, or violates any
other reasonable provision of the purchase agreement that the governing
body of the county may see fit to require. The purchaser shall have the
privilege of prepayment without penalty. The provisions of this
subsection must be incorporated in the purchase agreement. [Amended by
1969 c.208 §1; 1981 c.412 §3; 2005 c.243 §3] (1) When the governing
body of a county enters an order under ORS 275.110 directing the sheriff
to sell real property acquired in any manner by the county, if all or a
part of the land remains unsold after the time set for the sale in the
sheriff’s published notice or after adjournment of a sheriff’s sale, the
governing body of the county may sell the lands as provided in subsection
(2) of this section.

(2) After the sheriff has unsuccessfully attempted to sell real
property of the county as provided in ORS 275.120 to 275.160, the
governing body of the county may sell all or a part of the land, or an
interest in the land less than the whole fee, at private sale without
further notice but for not less than the largest amount bid for the land
at the sheriff’s sale, or, if no bid was made, at a price the governing
body of the county deems reasonable, but at a price no less than 15
percent of the minimum bid set under ORS 275.110 for the sheriff’s sale.

(3) A sale under this section must be made in the manner provided
by ORS 275.190 (1).

(4) Nothing in this section prohibits the governing body of a
county from entering an order at any time under ORS 275.110 directing the
sheriff to sell real property of the county as provided in ORS 275.120 to
275.160. [Amended by 1981 c.602 §5; 1989 c.223 §2; 1989 c.688 §1; 2005
c.243 §4] (1) A purchase
agreement made pursuant to ORS 275.190 or 275.200 must be filed with the
clerk, accountant or secretary, as the case may be, of the county in
which the real property is situated.

(2) An assignment of a purchase agreement, or of an interest in the
purchase agreement or of an interest in the property described in the
purchase agreement, is not valid unless it is in writing, subscribed by
the holder of the purchase agreement and filed with the county clerk of
the county in which the land is situated. [Amended by 1983 c.310 §15;
1991 c.67 §65; 2005 c.243 §5]
(1) In case of breach of condition or other default in performance of a
land sale contract made pursuant to ORS 275.190 or 275.200, the governing
body of a county may, by order made and entered in its records, declare
the breach or default and cancel the land sale contract or enter into a
new purchase agreement in writing. If the land sale contract is canceled
and the holder is found within the county, a certified copy of the order
shall be served as a summons is served by the sheriff upon the holder of
the canceled land sale contract. If the land sale contract is canceled
and the holder is not found within the county, a certified copy of the
order shall be served by mailing it to the holder by registered mail or
by certified mail with return receipt at the last-known address of the
holder. Return of such service shall be made upon such copy of order.

(2) Within 20 days after the service of the order of cancellation
upon the holder, the holder of the canceled land sale contract may appeal
from the order to the circuit court for the county in which the land is
located. The circuit court shall try the appeal as an action not triable
by right to a jury. If appeal is not taken or if it results, upon trial,
in an affirmance of the order of cancellation, the order becomes absolute
and the real property forfeited may be sold without notice.

(3) In addition to the remedy for breach or default of a land sale
contract under this section, a county may pursue any other remedy
provided by law for breach or default of a land sale contract including,
but not limited to, the remedy provided by ORS 93.905 to 93.940.

(4) In case of breach of condition or other default in performance
of a purchase agreement other than a land sale contract, a county may
pursue any remedy provided by law for breach or default of a purchase
agreement other than a land sale contract. [Amended by 1979 c.284 §128;
1991 c.67 §65; 1991 c.249 §22; 2005 c.243 §6](1) Notwithstanding ORS 275.110 to 275.220, the governing body of
a county may authorize the sale of county land by private sale as
provided in this section if each parcel of county land to be sold is:

(a) Assessed at less than $5,000 on the most recent assessment roll
prepared for the county; and

(b) Unsuited for the construction or placement of a dwelling under
current zoning ordinances and building codes of the county.

(2) The governing body of the county may publish a notice of the
private sale of county land described in subsection (1) of this section
in a newspaper of general circulation in the county. The notice must
contain a description of the land and must indicate the assessed value of
the land.

(3) Not earlier than 15 days after publication of the notice, an
officer or employee of the county authorized by the governing body of the
county to sell the land may sell all or a part of the land, at private
sale without further notice, at a price the governing body of the county
considers reasonable.

(4) A sale under this section must be made in the manner provided
by ORS 275.190 (1). [1989 c.305 §1; 1997 c.805 §1; 2005 c.243 §7]Note: 275.225 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 275 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
Land sold under a purchase agreement in accordance with ORS 275.190 (1)
is subject to taxation to the same extent as other privately owned real
property. When a purchase agreement is canceled, as provided in ORS
275.220, the real property must be removed from taxation and all taxes
then unpaid must be canceled. [Amended by 2005 c.243 §8] Upon any sale
or resale as provided in ORS 275.110 to 275.220, the governing body of
the county shall notify the county assessor thereof. [Amended by 2005
c.243 §18]No claim shall ever be allowed against
the county in favor of any municipal corporation, school district, road
district or other taxing district for taxes levied on the property
heretofore or hereafter acquired by any county by foreclosure of
delinquent taxes or otherwise under ORS 275.090 to 275.220, but all taxes
shall at the time of the acquisition of the property by such county
thereby be canceled. (1)(a) The proceeds arising under
ORS 275.090 to 275.290 and 275.296 to 275.310 must be applied:

(A) First, to refund the county general fund for the full amount
advanced by the county to pay the state tax upon all properties upon
which the county has foreclosed liens for delinquent taxes;

(B) Second, to the county general fund in an amount equal to the
penalty and fee described in ORS 312.120 for each property upon which the
county has foreclosed a lien for delinquent taxes; and

(C) Third, to refund the county general fund for all the costs and
expenses incurred by the county in the maintenance and supervision of
such properties and in any suits by it to quiet its title to property
sold. The proceeds applied as refunds under this subparagraph and
subparagraph (A) of this paragraph shall not amount to more than the tax
actually paid and the costs and expenses actually incurred by the county.

(b) After the refunds authorized under paragraph (a) of this
subsection are made, the county treasurer shall credit to the county
general fund proceeds arising under ORS 275.090 to 275.290 and 275.296 to
275.310 from the sale of real property acquired by the county in a manner
other than by foreclosure of delinquent tax liens or by exchange for land
originally acquired by foreclosure of delinquent tax liens. The proceeds
described in this paragraph include payments for the real property sold
under a purchase agreement pursuant to ORS 275.190 or 275.200.

(2) The proceeds arising under ORS 275.294:

(a) Must be credited to the county general fund by the county
treasurer, if received from a lease or conveyance granting rights to
explore, prospect for or remove biogas that is produced by decomposition
of solid waste at any land disposal site or former land disposal site
owned by the county. As used in this paragraph, “land disposal site” has
the meaning given that term in ORS 459.005.

(b) Must be segregated from the portion of the proceeds described
in paragraph (a) of this subsection and deposited in a separate account
maintained by the county. Interest earned on the segregated portion of
the proceeds must be credited to the account established under this
paragraph.

(c) May be used, in an amount that does not exceed 10 percent of
the proceeds, to reimburse a taxing district within the county for costs
and expenses necessarily incurred by the district in providing improved,
additional or extraordinary services required on lands in the county as a
result of exploration, drilling, mining, logging or other activities
authorized under a lease or conveyance under ORS 275.294. As used in this
paragraph, “improved, additional or extraordinary services” includes, but
is not limited to, fire protection and road construction and maintenance.

(d) May be used to reimburse the county for its actual costs and
expenses incurred under this subsection and under ORS 275.294 for:

(A) The maintenance and supervision of a lease or conveyance
granting rights to explore, prospect for, mine or remove valuable
minerals, oil or gas from the lands;

(B) The maintenance and supervision of a lease or conveyance
granting rights to conduct underground storage, as defined in ORS
520.005; and

(C) Litigation resulting from a lease or conveyance described in
subparagraph (A) or (B) of this paragraph.

(3)(a) After a portion of the proceeds arising under ORS 275.090 to
275.290 and 275.296 to 275.310 and a portion of the proceeds arising
under ORS 275.294 are applied as provided in subsections (1) and (2) of
this section, the balance of the proceeds arising under ORS 275.090 to
275.290 and 275.296 to 275.310 and the balance of the proceeds arising
under ORS 275.294, including the payments for land sold under contract
pursuant to ORS 275.190 or 275.200, must be distributed by the county
treasurer as follows:

(A) First, to a municipal corporation that has filed a notice, in
accordance with ORS 275.130, relating to a local improvement lien against
the property from which the sale proceeds are derived. The amount of the
distribution to each municipal corporation must be in the principal
amount of the lien, plus the interest and any penalties that accrued to
the date of sale of the property.

(B) Second, to governmental units in accordance with the formula
provided in ORS 311.390 for the distribution of tax collections. The
amount distributed to governmental units must be the amount remaining
after the distribution, if any, under subparagraph (A) of this paragraph.

(b) Notwithstanding ORS 294.080, as used in this subsection,
“balance of the proceeds” includes all accumulated interest earned on the
proceeds arising under ORS 275.294 that are segregated pursuant to
subsection (2)(b) of this section, unless a court of competent
jurisdiction rules otherwise.

(4) Distribution of moneys under subsections (2) and (3) of this
section must be made on or before June 30 in each year.

(5) The county treasurer or auditor shall verify the costs and
expenses to be reimbursed under subsection (2) of this section.

(6) The county treasurer shall distribute reimbursements under
subsection (2) of this section in accordance with an order of the
governing body of the county. [1963 c.606 §5; 1969 c.595 §11; 1982 s.s.1
c.19 §1; 1983 c.537 §5; 1985 c.707 §1; 1989 c.833 §78; 1993 c.613 §1;
1997 c.805 §5; 2005 c.243 §9] (1) In any
instrument of conveyance or agreement for conveyance of timber upon lands
acquired by any county by foreclosure of delinquent tax liens or
otherwise under ORS 275.090 to 275.220, the governing body of the county
may provide such conditions and regulations of cutting and slash disposal
as may be deemed to be for the best interests of the county, which
conditions and regulations shall be in addition to the provisions of the
state forest fire law.

(2) Any purchaser of such timber may be required to give a bond or
undertaking in favor of the county conditioned upon the compliance of the
purchaser with all such conditions and regulations and with the
provisions of the state forest fire laws, the bond to be in an amount not
less than the full purchase price of the timber.

(3) The instrument or agreement for conveyance may be made for a
term of years, in which case all rights and interests thereby granted by
the county shall revert to and revest in the county upon expiration of
the term. [Amended by 2005 c.243 §19](1) Nothing contained in this chapter
shall prohibit the governing body of a county, whenever it appears to the
best interest of the county, from making or executing a lease or
conveyance granting rights to explore or prospect for valuable minerals
or oil and gas and for the mining and removal of the same from any lands
acquired by such county through foreclosure of tax liens or otherwise.

(2) Except as provided in subsection (3) of this section, any lease
or conveyance of minerals or oil and gas or interest in such lands shall
be granted to the highest bidder, after an opportunity for competitive
bidding is given by advertisement of the proposed sale or lease for not
less than once a week for two successive weeks by publication in one or
more newspapers having general circulation in the county, and under such
terms, conditions and regulations as the governing body of the county
provides under ORS 275.300.

(3) The governing body of the county, as to any land which is owned
by the county or whereon the mineral rights are reserved by the county,
may execute leases and contracts, other than for gas or oil, upon a
royalty basis without requiring bids for the mining of gold, silver,
copper, lead, cinnabar and valuable minerals or mineral materials from
such lands upon terms and conditions agreed upon by the governing body of
the county and the lessee. [1955 c.150 §§1,2; 1959 c.603 §1; 1983 c.537
§6; 2005 c.243 §20]
All leases and conveyances granting the right to explore or prospect for
minerals or oil and gas and for the mining and removal of the same on or
from county-owned lands, executed and delivered by the governing body of
a county prior to August 3, 1955, and which might be invalid only because
the governing body of the county was not expressly authorized by statute
to execute and deliver such leases or conveyances, hereby are validated
and declared to be legal and enforceable. [1955 c.150 §3; 2005 c.243 §21](1) In any sale hereafter made under
ORS 275.110 to 275.250 of minerals or mineral rights heretofore reserved
to a county where such minerals or mineral rights were acquired by a
county by foreclosure of delinquent tax liens, the holder of an interest
less than the fee in the same lands where the mineral rights are located
shall have the right to purchase such minerals or mineral rights interest
by depositing with the sheriff within 60 days from date of sale not less
than the high amount bid for the minerals or mineral rights by a third
person. If no sale was made at the offering, then such person shall have
the right to purchase at whatever price the governing body of the county
deems reasonable.

(2) Unless the purchaser at any sale is the owner of some interest
less than the fee, the execution of a deed shall be postponed for 60 days
from the date of sale in order to give the party granted preferential
right under subsection (1) of this section, or the assignee of the party,
the right to exercise the preference in the manner set forth in
subsection (1) of this section.

(3) The provisions of this section shall not be applicable to the
sale of mineral rights on or under any land suitable for the commercial
production or development of timber. [1955 c.370 §§1,2,3; 2005 c.243 §22]In any conveyance or agreement for
conveyance of any minerals, or other interest, less than the whole fee,
in any lands acquired by any county by foreclosure of delinquent tax
liens or otherwise under ORS 275.090 to 275.220, the governing body of
the county may provide such conditions and regulations as may be deemed
to be for the best interests of the county and may require of the
purchaser a satisfactory bond or undertaking in the name of the county in
an amount not less than the whole purchase price of such minerals or
other interests in such lands, conditioned upon the compliance of the
purchaser with such conditions and regulations. [Amended by 2005 c.243
§23]
Any county which has acquired or shall acquire an undivided interest in
real property by foreclosure of delinquent tax liens, shall have the
benefit of the statutes of this state providing for the partition of real
property owned by tenants in common. Such county may become a purchaser
at any sale of such real property upon partition.Notwithstanding any other law, in any county where the surface
rights to tax-foreclosed lands have been conveyed and the mineral rights
on such lands have been reserved or excepted by the governing body of the
county making such conveyance, upon written application of the owner of
such surface rights, the governing body of the county, whenever it
appears to the governing body of the county to be in the best interests
of the county, may convey such reserved or excepted mineral rights to the
owner of the surface rights in accordance with ORS 275.314 and 275.316.
[1967 c.188 §2; 2005 c.243 §24] Each
application presented to the governing body of the county under ORS
275.312 must be accompanied by evidence satisfactory to the governing
body of the county showing that the applicant is the owner of the surface
rights to the lands described in the application, and also by a cash
deposit or an irrevocable letter of credit issued by an insured
institution as defined in ORS 706.008 in an amount sufficient to
reimburse the county for all costs of such transfer, including but not
limited to the costs of investigation and legal work, which shall be paid
by the applicant. The governing body of the county then shall cause an
investigation to be made by qualified geologists or mining engineers in
regard to the probable value of such mineral rights. If the governing
body of the county finds that such rights are of little or doubtful value
and that it would be in the best interests of the county to transfer such
rights to the owner of the surface rights, the governing body of the
county may make and enter an order declaring its intention to make such
transfer and setting a time and place for hearing objections thereto. The
time for the hearing shall be set not earlier than six weeks after the
date of the order. [1967 c.188 §3; 1991 c.331 §52; 1997 c.631 §431; 2005
c.243 §25] (1)
The county clerk shall give notice of the time and place of the hearing
scheduled under ORS 275.314 by publication in a newspaper of general
circulation published in such county, once each week for four consecutive
weeks prior to the hearing. The notice shall set forth the time and place
of the hearing, the name of the applicant and a description of the lands
in the proposed transfer. If no newspaper of general circulation is
published in the county, notice may be given by the clerk by posting such
notice in at least four public places in the county.

(2) Upon such hearing, if the governing body of the county finds
that such mineral rights are of little or doubtful value and that it
would be in the best interests of the county to convey such rights to the
record owner of the surface rights, it may fix a minimum value for such
rights and enter an order accordingly. Thereupon the governing body of
the county, after receiving payment of such value, may execute and
deliver the necessary deeds of conveyance. [1967 c.188 §4; 2005 c.243 §26](1) When
the governing body of a county sells or leases real property acquired in
any manner by the county, if that property is located in an area planned
and zoned for industrial use under an acknowledged comprehensive plan of
the county, the governing body may order all the moneys paid to the
county under the terms of the sale be deposited with the county treasurer
and credited to a special fund created by the governing body and
designated the Industrial Development Revolving Fund of the county.

(2) The county treasurer shall disburse the moneys in the
Industrial Development Revolving Fund of the county only upon the written
order of the county governing body and only for the purposes set forth in
subsection (3) of this section.

(3) Moneys in an Industrial Development Revolving Fund created
under this section by a county governing body shall be expended only for
the engineering, improvement, rehabilitation, construction, operation or
maintenance, in whole or in part, including the preproject planning
costs, of any development project authorized by ORS 271.510 to 271.540
and 280.500 that is located in the county and that could directly result
in one of the following activities:

(a) Manufacturing or other industrial production;

(b) Agricultural development or food processing;

(c) Aquacultural development or seafood processing;

(d) Development or improved utilization of natural resources;

(e) Convention facilities and trade centers;

(f) Transportation or freight facilities; and

(g) Other activities that represent new technology or types of
economic enterprise the county governing body determines are needed to
diversify the economic base of the county.

(4) If moneys from the sale of county property located in an area
planned and zoned for industrial use are not credited to the Industrial
Development Revolving Fund of the county, those moneys shall be
distributed as provided in ORS 275.275.

(5) The governing body of a county may sell, lease or convey the
real property described in this section, including any part thereof or
interest therein, at public or private sale, with or without
advertisement, and do all acts necessary to the accomplishment of the
sale, lease or conveyance. [1983 c.494 §1]Note: 275.318 was enacted into law by the Legislative Assembly but was
not added to or made a part of ORS chapter 275 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.COUNTY FORESTS AND PARKSThe governing body of a county may, by order, designate as county
forests, public parks or recreational areas any real property heretofore
or hereafter acquired by the county for delinquent taxes or otherwise.
Where the park or recreational area is situated in whole or in part
within the corporate limits of any city the county first shall obtain the
consent or approval, by resolution or ordinance adopted by the city
consenting or approving the creation of the public park or recreational
area. [Amended by 2005 c.243 §27](1) Upon the entry of an order by the
governing body of a county setting aside the real property for county
forest, public park or recreational area, the lands shall be set apart
for such use. Thereafter such lands may not be alienated by the governing
body of the county for any purpose unless authorized by a majority of the
electors of the county in a regular or special election, except that:

(a) In counties having 450,000 population or over according to the
latest federal decennial census:

(A) The lands may be sold and conveyed by the governing body of a
county if it considers the sale to be in the best interests of the
county; or

(B) The lands may be conveyed without payment or compensation for
park and recreational purposes to any public educational institution,
park and recreation district, service district formed under ORS chapter
451 to provide and maintain park and recreational facilities or nonprofit
corporation organized under the laws of the State of Oregon for as long
as the lands so conveyed are used for such purposes. Any lands conveyed
under this subparagraph shall automatically revert to the county if the
lands are not used for such purposes or if the institution, district or
corporation to which the lands are conveyed is dissolved. However, lands
conveyed under this subparagraph to a nonprofit corporation which is
organized for the purpose of promoting the preservation of park and
recreational areas may be conveyed without restriction subject to prior
approval of the governing body of the county. When lands are conveyed
under this subparagraph, the county shall be relieved from any obligation
to account for the payment of any taxes, liens or assessments that may
have been levied against the lands by any taxing agency, district or
municipality authorized to levy against any of the lands.

(b) The governing body of a county may convey the lands to the
state, an incorporated city, a park and recreation district or the United
States Government for public use. The conveyance may be made without the
payment of compensation, and when so made the county shall be relieved
from any obligation to account for the payment of any taxes, liens or
assessments that may have been levied against the lands by any taxing
agency, district or municipality authorized to levy taxes against any of
the lands.

(c) The governing body of a county may enter into agreements with
the state or the United States for the management of the timber and other
forest products on the designated county forestlands.

(2) In addition to the methods described in subsection (1) of this
section, lands that have been set aside for county forest, public park or
recreational area may be alienated, sold or conveyed, in part or in
whole, by the public body upon a finding that it is in the best interest
of the public. Upon a determination that an alienation, sale or
conveyance is in the public interest, the lands set aside may be sold at
public or private sale, or other lands may be taken in exchange and set
aside for park or recreational purposes. When a sale, an alienation or
conveyance takes place, the proceeds shall be held for maintenance and
improvement of existing park and recreation lands or future acquisition
of lands to be set aside for park or recreational purposes.

(3) Before making an order for an alienation, sale or conveyance of
the property without approval at an election, or before entering into
agreements for management of timber and other forest products under
subsection (1)(c) of this section, the county governing body shall hold a
hearing in the county at which objections to the proposed agreements or
alienation, sale or conveyance may be heard. Notice of the hearing shall
be given by publication weekly for two consecutive weeks in a newspaper
circulated generally within the county, and the notice shall describe
particularly the property affected. [Amended by 1959 c.546 §1; 1981 c.482
§1; 1989 c.534 §1; 1993 c.432 §1; 2005 c.243 §28](1) Notwithstanding the provisions of ORS 275.330 or 275.340, the
governing body of a county may provide for the exchange of land within a
designated county forest for other land when in the judgment of the
governing body of the county, supported as provided in subsection (3) of
this section, such exchange is for equal value and is in the best
interest of the county. Such exchanges shall be authorized under this
section only when the land obtained by the county in exchange is
immediately incorporated into the designated county forest.

(2) Before making an order for exchange of property, the governing
body of the county shall hold a hearing at which objections to the
proposed exchange of real property may be heard. Notice of the hearing
shall be given by publication weekly for two consecutive weeks, or two
publications in all, in a newspaper circulated generally within the
county, such notice to describe particularly the property affected. The
date of hearing shall be not less than five days following the last date
of publication of notice.

(3) The exchange authorized in subsection (1) of this section shall
be made by order of the governing body of the county and supported by
reports of the value of the properties being exchanged submitted by:

(a) The county assessor; and

(b) The county forester or other qualified agent selected by the
governing body.

(4) The exchanges authorized in this section may include any timber
on the land involved if the value of such timber is established as
provided in subsection (3) of this section.

(5) The governing body of the county shall reserve all rights of
way in all lands exchanged as provided in subsection (1) of this section
to permit proper administration and management of county lands and
forests retained or received in exchange by the county. [1961 c.227 §2;
2005 c.243 §29]Nothing contained in ORS 275.320 and 275.330
shall prohibit the county governing body from selling the timber and
other forest products or from leasing the right to prospect for and
remove minerals or oil and gas in the manner stated in ORS 275.294 from
the designated county forestland when in the judgment of the county
governing body the sale or lease is deemed for the best interests of the
county. All sales of timber and other forest products in excess of the
value of $5,000 shall be made only after an opportunity for competitive
bidding is given by advertisement of the proposed sale for not less than
once a week for two successive weeks by publication in one or more
newspapers having general circulation in the county. Where 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 to the county, the decision of
the county governing body shall be final and conclusive and shall not be
subject to review by any court. Each bid shall be accompanied either by a
certified check, or by a good and sufficient bond furnished by a surety
company authorized to do business in the state, in favor of the county,
in a sum to be determined by the county governing body. [Amended by 1955
c.119 §1; 1979 c.150 §1; 1979 c.393 §2] Certified copies of all orders
of the governing bodies of the several counties made under ORS 275.320 to
275.340 affecting the title or status of real property shall be recorded
in the deed records of the county in which such lands are located.
[Amended by 1981 c.126 §4; 1983 c.740 §74; 2005 c.243 §30] All
deeds and conveyances of the governing bodies of the several counties
executed and delivered prior to January 1, 1941, conveying real property
theretofore set aside by the governing bodies of the several counties as
public parks and recreational areas under ORS 275.320 hereby are
validated and declared to be legal and of full force and effect, both in
law and in equity. [Amended by 2005 c.243 §31]

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