Or. Admin. R. 141-068-0080 - Land Sale Approval Process

(1) An applicant and the Department may enter into a negotiated sale at any time. A negotiated sale shall include:

(a) An appraisal or appraisal report must be completed on the land if the initial evaluation determines the value to be over $100,000. If the initial Department evaluation determines the property to be under $100,000 in value, the RMV is used to establish the value; and

(b) A schedule of the costs to be borne by the applicant and those administrative costs to be reimbursed to the Department by the applicant.

(2) A negotiated sale may include factors including, but not limited to:

(a) The relative strength of the state's ownership claim;

(b) Access or lack of access;

(c) The potential loss of public interest values by extinguishing the State's interest in the property;

(d) An evaluation of any existing authorizations or property rights either on, or adjacent to the land; and

(e) Any requirement to impose deed restrictions or issue easements in order to protect public interest values.

(3) The Department may participate in a negotiated sale for:

(a) A parcel determined to be of "high value" as described in OAR 141-068-0070(11); or

(b) Upon public review and findings, the Department determines that there are "moderate" to "high" public interests in the lands.

(4) All negotiated sales shall go to the State Land Board for final approval.

(5) The Department shall provide the following sale options for historically filled lands determined to have "low" public interest values, and to be of "low value" to "moderate value":

(a) The Department shall offer to provide a conveyance that clears title to the lands as allowed under these rules.

(b) No compensation is required for the issuance of a conveyance that clears title for a parcel that is determined to be of "low value" as described in OAR 141-068-0070(9).

(c) The Department shall offer to issue a conveyance that clears title for compensation at 50% of real market value of the State's interest in the property for a parcel that is determined to be of "moderate value" as described in OAR 141-068-0070(10).

(d) A conveyance issued under OAR 141-068-0080(5)(b) may be carried out by the Director and does not require further approval from the State Land Board.

Notes

Or. Admin. R. 141-068-0080

DSL 2-2016, f. 5-13-16, cert. ef. 6/1/2016; DSL 2-2017, f. & cert. ef. 1/12/2017; DSL 3-2017, f. & cert. ef. 2/9/2017

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented ORS 274.905-274.956