An applicant and the Department may enter into a negotiated sale at any time. A
negotiated sale shall include:
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.
negotiated sale may include factors including, but not limited to:
(a) The relative strength of the state's
(b) Access or
lack of access;
(c) The potential
loss of public interest values by extinguishing the State's interest in the
(d) An evaluation of any
existing authorizations or property rights either on, or adjacent to the land;
(e) Any requirement to impose
deed restrictions or issue easements in order to protect public interest
Department may participate in a negotiated sale for:
A parcel determined to be of "high value"
as described in OAR 141-068-0070
(b) Upon public review and findings, the
Department determines that there are "moderate" to "high" public interests in
negotiated sales shall go to the State Land Board for final approval.
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.
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
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
A conveyance issued under OAR
(5)(b) may be carried out by the Director and does not require
further approval from the State Land Board.
Or. Admin. R. 141-068-0080
2-2016, f. 5-13-16, cert. ef.
2-2017, f. & cert. ef.
3-2017, f. & cert. ef.
Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented ORS