Or. Admin. Code § 125-045-0230 - Right of First Refusal Determination

(1) The State of Oregon may offer a Right of First Refusal to the parties described in ORS 270.010(2) in the unlikely event the grant of such a right is consistent with applicable trust responsibilities.

(2) Prior to proceeding with the public notice and solicitation procedures described in this rule, the Disposing Agency shall determine, with the advice of the Division, whether any party is entitled to a Right of First Refusal. The Disposing Agency's determination is final and conclusive.

(3) If a Right of First Refusal is granted, the Disposing Agency shall attempt to locate and notify each party or parties granted the Right.

(4) The Disposing Agency may place any conditions on the Right of First Refusal that it elects, provided that any conditions are reviewed and approved by the Attorney General's Office. In addition, unless waived by the Agency in its notice, no Right of First Refusal may be exercised unless the holder of the Right submits a timely and responsive offer to acquire the State Real Property Interest for an amount not less than the minimum asking price.

(5) If more than one Right of First Refusal is granted, the holder of the Right that submits the highest offer shall be given the first opportunity to acquire the Real Property Interest. If there is a tie between high bidders, the first to file its offer shall be given the first opportunity. Once a party exercises a Right of First Refusal, all other Rights of First Refusal are extinguished.

(6) A grant of a Right of First Refusal may be withdrawn if the Disposing Agency discovers facts and circumstances that lead it to conclude that offering the right is not in the best interest of the state.

Notes

Or. Admin. Code § 125-045-0230

DAS 4-2006, f. 5-12-06, cert. ef. 6-1-06

Stat. Auth.: ORS 270.015(2), 270.100(1)(d)

Stats. Implemented: ORS 270.010, 270.110, 270.135, 270.140