Notwithstanding the provisions of OAR 141-068-0030
through OAR 141-068-0040
any person with a potential interest in a property that wishes to resolve
ownership of historically filled lands prior to declaration (including those
lands excluded per OAR 141-068-0020
(14)), or new lands may meet with the
Department to discuss the facts concerning the creation and ownership of the
lands in question.
Department shall charge an investigation fee of $250 if requested to complete a
Strength of Claim checklist. The director has the discretion to waive this fee.
A waiver must be in writing and explain the rationale for the waiver.
The Department shall take the
steps listed in OAR 141-068-0030
(2) when completing an investigation.
(4) The Department shall complete
a Strength of Claim checklist that summarizes the findings of the Department's
Based on the
facts presented, as well as the Department's own investigation, the Department
may do the following:
(a) Agree that the
Department has no interest in the historically filled land and offer to provide
a conveyance that clears title to the lands as allowed under these rules;
(b) Begin the process to sell or
clear title to the historically filled lands as provided under these rules;
(c) Enter into litigation to
resolve the ownership issue, including but not limited to a suit to quiet
(d) Enter into negotiation
in lieu of litigation with the person to resolve the ownership question;
(e) Request more information from
the landowner or person; or
Pursue other actions aimed at resolving the ownership question.
A conveyance issued under OAR
(5)(a) may be carried out by the Director, and does not require
further State Land Board approval.
Or. Admin. R. 141-068-0050
2-2016, f. 5-13-16, cert. ef.
2-2017, f. & cert. ef.
Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented ORS