Chapter 273 — Chapter 273

ORS 273.005 [1959 c.45 §1; 1967 c.421 §95; renumbered 279.711]

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ORS 273.006 Definitions. As used in this chapter, unless the context requires otherwise

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ORS 273.010 [Amended by 1961 c.618 §1; 1967 c.421 §49; renumbered 273.251]

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ORS 273.020 Governor as land commissioner. The Governor is Land Commissioner for the State of Oregon, and shall locate or select the lands to which the state is entitled under the laws of the United States, or otherwise. The Governor shall be allowed all necessary expenses incurred in the performance of duties in this capacity prescribed by law. The Department of State Lands shall assist the Governor as necessary in the performance of these duties. [Amended by 1967 c.421 §50; 1967 c.616 §§1,1a]

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ORS 273.030 [Amended by 1967 c.80 §1; repealed by 1967 c.421 §50a (273.255, 273.261 and 273.265 enacted in lieu of 273.030)]

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ORS 273.031 State Land Board; seal. The Governor, Secretary of State and State Treasurer constitute the State Land Board. The board shall carry out the duties prescribed by section 5, Article VIII of the Oregon Constitution, and such other duties as are imposed upon it by law. The board may use a common seal. [1967 c.421 §4 (enacted in lieu of 273.410); 1967 c.616 §2a]

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ORS 273.035 Governor is chairperson of board; rules; quorum; meetings; notice. (1) The Governor shall act as chairperson of the State Land Board. The board shall establish rules under ORS 183.325 to 183.410 for holding regular meetings and the means whereby timely notification of regular meetings may be given

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ORS 273.040 [Amended by 1967 c.80 §2; 1967 c.421 §54; renumbered 273.271]

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ORS 273.041 Department of State Lands. The Department of State Lands is created, and consists of the Director of the Department of State Lands and all officers and employees of the department acting under the State Land Board. Subject to ORS 273.171, the department shall exercise all of the administrative functions exercised by the clerk and other personnel of the State Land Board before January 1, 1968. [1967 c.616 §4; 2003 c.253 §1]

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ORS 273.045 Administrative policies; rules. The Department of State Lands shall establish its administrative policies in accordance with the laws prescribing its powers and duties and the general policies formulated by the State Land Board. Acting subject to the approval of the board and in compliance with ORS chapter 183, the Director of the Department of State Lands shall promulgate such rules as are necessary to carry out the policies of the department and to attain maximum efficiency in its administration. [1967 c.616 §9]

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ORS 273.050 [Amended by 1967 c.421 §55; renumbered 273.275]

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ORS 273.051 General powers and duties of department and board. (1) The Department of State Lands may cancel certificates of sale for lands owned by this state, if unlawfully obtained

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ORS 273.055 Power to acquire and dispose of real property. If it finds it advisable in carrying out its duties, the Department of State Lands in the name of the State of Oregon may take title to real and personal property in fee simple or absolutely, in trust or under such other conditions as it considers advisable, and may convey title thereto or execute agreements necessary to carry out its duties. [Formerly 273.710; 1969 c.594 §3]

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ORS 273.058 Fees and compensation rates for easement to construct facility on state land. (1) Notwithstanding ORS 758.010, the Department of State Lands may establish and impose a one-time application fee in the amount of $750 on a person applying for an easement to construct a water, gas, electric or communication service line, fixture or other facility on state land other than state land located within the territorial sea

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ORS 273.060 [Amended by 1967 c.147 §3; 1967 c.421 §39; renumbered 273.201]

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ORS 273.061 Power of eminent domain. The power of eminent domain may be exercised by the State of Oregon at the request of the Department of State Lands for the condemnation of property of any kind and all water rights, easements and appurtenances thereto necessary for carrying out its powers and duties. [1967 c.421 §8]

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ORS 273.065 Finality of certain actions. All acts and decisions of the Department of State Lands as to the legal title, and the right to a certificate of sale or deed from the state, shall be final. [1967 c.421 §11]

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ORS 273.070 [Amended by 1967 c.421 §40; renumbered 273.205]

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ORS 273.071 Oaths; depositions; subpoenas. (1) At all hearings pertaining to lands owned by the state, the Director of the Department of State Lands may administer oaths and take depositions. The State Land Board may issue subpoenas to compel the attendance of witnesses and the production of documents or other necessary written information

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ORS 273.075 Deed to purchaser. When lands formerly belonging to the State of Oregon are disposed of and final payment has been made, the Director of the Department of State Lands shall execute and deliver to the purchaser a deed in a manner and form prescribed by the rules of the Department of State Lands, conveying all right, title and interest which the state may have in and to such lands, except as otherwise provided by law. [Formerly 273.720; 1969 c.594 §4]

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ORS 273.080 [Amended by 1967 c.421 §41; renumbered 273.211]

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ORS 273.081 Execution of documents; recordation. The Director of the Department of State Lands may execute on behalf of the Department of State Lands all documents required to carry out its powers and duties, in the manner and form prescribed by the rules of the department. All documents so executed shall be admitted to record without acknowledgment. [Formerly 273.450; 1969 c.594 §5]

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ORS 273.085 Recording copies of documents. Copies of any document permitted by law to be recorded that are executed by the Director of the Department of State Lands, or executed by the State Land Board before January 1, 1968, and certified by the director, are entitled to record in the office of any county recording officer. Documents affecting the title to real property that are permitted by law to be recorded shall be recorded in the county where such real property is situated; copies of all other documents permitted by law to be recorded that are executed by the Department of State Lands may be recorded in any county designated by the department. [Formerly 273.555; 1969 c.594 §6; 1999 c.803 §4]

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ORS 273.090 [Amended by 1967 c.421 §42; renumbered 273.216]

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ORS 273.091 Recording fees; return of documents. The person offering a copy of a document mentioned in ORS 273.085 for recording shall pay the recording fee. When a copy of a document has been recorded it shall be returned by the recording officer to the Director of the Department of State Lands or other party as stated on the recorded document. [Formerly 273.565; 1999 c.803 §5]

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ORS 273.095 Copies or transcripts as evidence. The record of any copy of a document recorded under ORS 273.085, or a transcript thereof certified by the county recording officer, shall be received in evidence in all courts in this state with like force and effect as the original document. [Formerly 273.575]

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ORS 273.099 Property transaction instruments to be maintained with department. Unless otherwise provided by law, all deeds and conveyances belonging to the state must be documented in the office of the Department of State Lands. Upon the sale, acquisition or exchange of any real property belonging to the state, an electronic copy of the instrument that conveys the property must be filed with the department by the officer or agency in charge of the sale, acquisition or exchange. [1993 c.98 §4; 2015 c.105 §1]

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ORS 273.100 [Amended by 1967 c.421 §56; renumbered 273.281]

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ORS 273.101 Common School Fund. The Department of State Lands shall administer the Common School Fund as provided in ORS 327.405 to 327.480. [1967 c.421 §20]

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ORS 273.105 Distributable Income Account. (1) The Distributable Income Account is established within the Common School Fund. The Department of State Lands shall administer this account in accordance with Article VIII, section 4, Oregon Constitution, and applicable laws

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ORS 273.107 Legacy Unclaimed Property School Fund. (1) There is established the Legacy Unclaimed Property School Fund within the Common School Fund

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ORS 273.108 Unclaimed Property School Fund; use by State Treasurer. (1) There is established the Unclaimed Property School Fund within the Common School Fund

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ORS 273.110 [Amended by 1967 c.421 §57; renumbered 273.285]

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ORS 273.111 [Formerly 274.300; 1969 c.594 §9; repealed by 2005 c.755 §59]

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ORS 273.115 Department use of Common School Fund. The Department of State Lands may use so much of the Common School Fund as is necessary for

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ORS 273.117 Acquiring land as Common School Fund investment; lease of land. Whenever it appears to the State Land Board to be prudent and to the financial benefit of the Common School Fund, the State Land Board may acquire as an investment for the Common School Fund any parcel of land, whether or not submerged, and submersible lands or formerly submerged and submersible lands. The consideration for such acquisition may be an exchange of other lands under the jurisdiction of the State Land Board including submerged and submersible lands or formerly submerged and submersible lands or cash or a combination of such lands and cash. In leasing any lands acquired as an investment for the Common School Fund, the board may use negotiation, competitive bidding, solicitation of proposals or whatever procedure or combination of procedures the board determines will maximize the financial benefit to the Common School Fund. The board may determine on a case-by-case basis what notice, publication or bidding procedures, if any, it wishes to use in implementing its authority under this section. [Formerly 274.085]

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ORS 273.119 Private or federal grants for studies related to coordinating state and federal permitting issues. The Department of State Lands may apply for and receive any private or federal grants, loans or other funds available for the purposes of conducting studies related to the work of the department and coordinating state and federal permitting issues related to removal and fill. [2009 c.882 §1]

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ORS 273.120 [Repealed by 1967 c.421 §206]

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ORS 273.121 Expenditures of funds under control of department. Notwithstanding any other provision of law, all funds under the control of the Department of State Lands shall be expended by warrant drawn on the State Treasurer, and then only upon proper claim approved by the Director of the Department of State Lands or the authorized representative of the director submitted to the Secretary of State for audit. [Formerly 273.445; 1969 c.594 §12]

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ORS 273.125 Refund of moneys. Whenever it appears to the Department of State Lands that any moneys have been erroneously paid to it, the department may make an appropriate refund, or may deliver the moneys to the State Treasurer if the moneys appear to have been misdelivered to the department and to be unclaimed property described under ORS 98.302 to 98.436 or escheated funds, including those described under ORS 116.203, 652.405, 708A.430 or 723.466. [Formerly 273.470; 2019 c.678 §57]

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ORS 273.130 [Amended by 1967 c.421 §58; renumbered 273.290]

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ORS 273.131 Compromise or release of claims. The Department of State Lands may, whenever in its judgment such course is to the best interest of the state, compromise, settle, release and discharge any mortgage, judgment or other claim in favor of the State of Oregon, and arising out of the sale or lease of property within the jurisdiction of the department, upon such terms as the department may direct. [Formerly 273.460]

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ORS 273.135 Agreements with other agencies for special services; costs; interagency services. (1) The Department of State Lands may enter into written agreements with any governmental agency for the performance of specialized, technical, professional, administrative or other services and for the furnishing of facilities and materials to carry out provisions of law applicable to the department. The activities and programs performed under such agreements remain subject to supervision and control by the department

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ORS 273.140 [Amended by 1967 c.421 §59; renumbered 273.295]

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ORS 273.141 Nature of services to be performed by certain other agencies. In order to provide the Department of State Lands with the specialized assistance necessary to its operations and the transaction of its business, and in addition to other agreements that may be entered into under ORS 273.135, the department may enter into written agreements with the state agencies designated in this section for the operation of programs and activities assigned to the department. Subject to final review and approval by the State Land Board

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ORS 273.145 Department powers in exchanges, settlements and indemnifications. The Department of State Lands may enter into contracts with any person owning lands adapted to the purposes of ORS 273.316 to 273.345 and 273.511, for the subdivision, settlement and sale of all or any portion thereof, under the direction and supervision of the department and such conditions as may be agreed to. [Formerly 273.640; 1969 c.594 §15]

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ORS 273.150 [Amended by 1967 c.421 §60; renumbered 273.300]

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ORS 273.151 Cooperation with federal government. The Department of State Lands may cooperate with the federal government for the development, settlement, subdivision and disposition of lands belonging to the State of Oregon, or which otherwise may be made available for carrying out the purposes of ORS 273.316 to 273.345 and 273.511. In such cooperation, the department may provide the lands but the federal government shall provide the money necessary to meet the expenses of reclamation, subdivision, necessary improvement and equipment. [Formerly 273.740; 1969 c.594 §16]

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ORS 273.155 Cooperation of state and county agencies. The Department of State Lands, in carrying out its duties, may call upon all related state and county agencies, including public universities listed in ORS 352.002 and any state or county officers or public university employees through whom necessary information and aid may be received. Such agencies, officers and employees shall cooperate with the department without additional compensation. [Formerly 273.750; 1969 c.594 §17; 2011 c.637 §83; 2013 c.768 §120a; 2015 c.767 §73]

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ORS 273.160 [Amended by 1967 c.421 §61; 1967 c.616 §§14, 14a; renumbered 273.306]

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