Chapter 273 — Chapter 273

ORS 273.315 [Formerly 273.580; 1967 c.421 §80; renumbered 273.531]

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ORS 273.316 Exchanging state lands to accumulate larger tracts. (1) The Department of State Lands may exchange any state lands under its control for any other lands in this state for the purpose of accumulating larger and contiguous tracts of state lands. The department may enter into the necessary contracts to accomplish such purposes, subject to the rights of lessees under ORS 273.321. The exchange may be made on the basis of value or acreage, and the department may pay or accept money as part of the consideration to the extent required for a fair transaction

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ORS 273.320 [Formerly 273.590; 1967 c.421 §81; renumbered 273.535]

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ORS 273.321 Notification to lessee prior to exchange; hearing. (1) Before exchanging any state lands for other lands under ORS 273.316, the Department of State Lands shall give notice to the lessees of those state lands considered for exchange by sending by certified or registered mail a notice containing a general description of the state lands considered for exchange and a listing of the names and addresses of the lessees of such lands. The notice shall state that if written protest to such exchange is received by the department not later than the 20th day after the mailing of the notice, a hearing on such exchange will be held

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ORS 273.325 [Formerly 273.600; 1967 c.421 §82; 1967 c.616 §§15,15a; renumbered 273.541]

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ORS 273.326 Compromise with owners of state lands unlawfully acquired; disposal of lands received through compromise. In all cases where the Department of State Lands believes that any lands were acquired from the state by fraud or in violation of the laws relating to the disposal thereof, it may

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ORS 273.330 [Formerly 273.610; repealed by 1967 c.421 §206]

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ORS 273.331 Subdivision and disposal of other lands as condition of compromise. When lands that the Department of State Lands believes were acquired from the State of Oregon by fraud or in violation of the laws of the state are held by any person owning other lands the title to which is not involved, the department may provide as a condition to the contract of settlement described in ORS 273.326 that such other lands, or such portion thereof as the department considers advisable, may also be subdivided and disposed of under the direction and supervision of the department according to the conditions agreed to. [Formerly 273.670; 2003 c.14 §133]

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ORS 273.335 Object of ORS 273.340 and 273.345. The object of ORS 273.340 and 273.345 is to make available for settlement and development the lands to which the State of Oregon is entitled as indemnity and the remaining unsold state lands, and to make available for the Common School Fund the proceeds from the sale of such lands. [1967 c.421 §70]

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ORS 273.340 Ascertainment and procurement of indemnity lands. The Department of State Lands shall ascertain the amount of indemnity lands to which the State of Oregon is entitled from the federal government and procure such lands in as large and contiguous tracts as practicable, having in view its adaptability for agriculture or its value for forestry purposes. [Formerly 273.680]

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ORS 273.345 Determination of advisability of selection of indemnity lands within national forest reserves. Before making selections under ORS 273.340, the Department of State Lands shall determine the advisability of making such selections in large and contiguous tracts within the national forest reserves. If it is found that such selections will be advantageous to the State of Oregon, the department shall negotiate with the appropriate agency of the United States to procure such lands. If necessary, the department may seek enactment of legislation to accomplish such object. The department may enter into all necessary contracts relating to such lands. [Formerly 273.690]

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ORS 273.350 Selection and sale of indemnity lands. (1) The Director of the Department of State Lands shall

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ORS 273.355 [Formerly part of 517.410; 1967 c.421 §83; renumbered 273.551]

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ORS 273.356 Definitions for ORS 273.356 to 273.375. As used in ORS 273.356 to 273.375, unless the context requires otherwise, “grantee” includes the successor in interest of a grantee. [Derived from 1967 c.422 §1]

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ORS 273.360 Applicant to relinquish claim; refund of purchase price and taxes paid. Upon the execution and delivery to the Department of State Lands by any grantee to whom the State Land Board prior to February 21, 1916, erroneously conveyed various parcels of land in sections 16 and 36 to which the title of the state was found by the board to be defective, of a written instrument sufficient to annul the conveyance of the state to such grantee and to relinquish all other claims against the state arising out of such conveyance, the department pursuant to ORS 273.125 shall

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ORS 273.365 When refunds not available; source of refunds. (1) A refund is not available under ORS 273.356 to 273.375 to any grantee who received from the State Land Board a refund or other settlement with respect to such lands before June 19, 1967, or who may be holding title originally procured or subsequently conveyed by false swearing or fraudulent representation

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ORS 273.370 Alternative to refund. If the Department of State Lands finds that the property erroneously conveyed has been identified generally as private property, as evidenced by the inclusion of the property on the assessment rolls of the county in which it is located for a period of 20 years or more immediately preceding, the department may refund to the grantee an amount not to exceed any of the following values

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ORS 273.375 Acquisition by state of applicant’s interest; price. In lieu of the procedure set out in ORS 273.360, 273.365 and 273.370, the Department of State Lands may acquire for the use and benefit of the State of Oregon, by purchase or exchange, the interest of any applicant to whom the certificate described in ORS 273.620 (3) (1965 Replacement Part) has been issued before June 19, 1967, or who acts under ORS 273.360, 273.365 and 273.370. The price of any such purchase or acquisition shall be paid to such applicant out of the revenues of the Common School Fund, and shall not exceed the market value of the land that otherwise would have been available to the applicant under ORS 273.620 (1965 Replacement Part). [1967 c.422 §6]

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ORS 273.380 [Formerly 184.260; repealed by 1969 c.594 §63]

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ORS 273.382 [1963 s.s. c.7 §1; 1969 c.594 §27; 1991 c.441 §1; 1993 c.500 §13; repealed by 2011 c.34 §1]

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ORS 273.384 [1963 s.s. c.7 §9; 1969 c.594 §28; 1977 c.93 §1; 1991 c.441 §2; 2001 c.954 §27; 2002 s.s.2 c.4 §1; repealed by 2011 c.34 §1]

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ORS 273.386 [1963 s.s. c.7 §10; 1977 c.93 §2; 1991 c.441 §3; repealed by 2011 c.34 §1]

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ORS 273.388 [1983 c.677 §1; 1991 c.441 §4; repealed by 2011 c.34 §1]

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ORS 273.405 [1971 c.208 §1; repealed by 1981 c.787 §58]

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ORS 273.406 [1981 c.787 §9; repealed by 1991 c.816 §24]

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ORS 273.410 [Repealed by 1967 c.421 §3 (273.031 enacted in lieu of 273.410)]

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ORS 273.411 [1981 c.787 §10; 1985 c.297 §1; repealed by 1991 c.816 §24]

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ORS 273.413 Disposition of unsuitable state lands; sale; use of proceeds; procedures. (1) The Department of State Lands may dispose of isolated sections and fragments of sections of state lands which are not suitable for management according to long-range policies of the State Land Board. The proceeds of such sales shall be applied and are continuously appropriated to the Department of State Lands for the acquisition of lands or other suitable investments as directed by the board in consultation with the Oregon Investment Council

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ORS 273.415 [1971 c.208 §2; repealed by 1981 c.787 §58]

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ORS 273.416 Exchange of property held as trust fund asset. If any property owned by the state is held as an asset of any special trust fund securing the payment of bonds, it may be exchanged, under the authority granted in ORS 270.110, for other property of equal or superior value, and property so received in exchange shall be an asset of the fund in lieu of the property previously held. [1981 c.787 §11; 1991 c.816 §14]

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ORS 273.420 [Amended by 1963 c.203 §1; repealed by 1967 c.421 §206 and by 1967 c.616 §29]

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ORS 273.421 Relinquishing title to United States Government or governmental body or subdivision; continued public use requirement. The state hereby is granted express power to relinquish the title to any of its property not needed for public use to the United States Government or any other governmental body or political subdivision within the state, providing such property shall be used and continue to be used, for a public purpose by the United States Government, or such other governmental body or political subdivision in the State of Oregon. [1981 c.787 §12]

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ORS 273.422 [1971 c.208 §3; repealed by 1981 c.787 §58]

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ORS 273.425 [1961 c.676 §2; repealed by 1967 c.421 §206]

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ORS 273.426 Exchange of property; value. (1) When property is exchanged under the authority of ORS 270.100, 270.110 and 270.130, the value of the real property accepted by the state in exchange for any of its property plus cash, if any, shall not be less than the value of the property relinquished by the state. The provisions of ORS 270.100, 270.110 and 270.130 do not apply when the state is exchanging property under this section

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ORS 273.427 [1963 c.99 §1; 1967 c.148 §4; renumbered 273.321]

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ORS 273.428 [1971 c.208 §4; repealed by 1981 c.787 §58]

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ORS 273.430 [Amended by 1967 c.421 §13; 1967 c.616 §§16,16a; renumbered 273.071]

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ORS 273.431 Procedure for determining value of properties to be exchanged. (1) The value of the respective properties proposed to be exchanged shall be determined by the state agency, board or commission which has supervision and direction of the department or activity of the state for which such property is held or belongs, and if there be no such agency, board or commission, then by the Department of State Lands. The state agency, board or commission may use an appraised value as one indicia of the value of the property

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ORS 273.435 [1971 c.208 §5; repealed by 1981 c.787 §58]

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ORS 273.436 Lease procedure; payment of taxes. Every lease entered into pursuant to ORS 270.110 shall be authorized by order of the state agency executing the same and shall provide such terms and conditions as may be fixed and determined by the governmental body executing the same. Any such lease may provide that the lessee shall pay ad valorem taxes assessable against the leased property, or that the state agency shall pay such taxes, in which latter event the anticipated amount of taxes shall be taken into consideration in fixing the rental charge. [1981 c.787 §15; 1991 c.816 §22]

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ORS 273.440 [1963 c.394 §1; 1967 c.421 §12; repealed by 1967 c.616 §29]

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ORS 273.441 Agency donation of property for industrial or manufacturing use; conditions. (1) Any agency of the State of Oregon may donate to any person, firm or corporation selected by such governmental body, conditionally or otherwise, for industrial or manufacturing purposes, or both, and purposes incidental thereto, any real property owned by the governmental body and not needed or likely to be needed for public use

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ORS 273.445 [1963 c.612 §4; 1967 c.421 §24; 1967 c.616 §17; renumbered 273.121]

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ORS 273.446 [1973 c.755 §1; repealed by 1981 c.787 §58]

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ORS 273.447 Disposition of state lands suitable for grazing. The Department of State Lands is hereby authorized to sell, convey, lease or exchange any or all state lands chiefly suitable for grazing, to or with Oregon counties, and with the United States of America for other lands either of equal acreage or of equal value. All powers herein granted to the Department of State Lands are in addition to and not in derogation of powers heretofore conferred by law. [1981 c.787 §17]

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ORS 273.450 [Amended by 1967 c.421 §15; 1967 c.616 §§18, 18a; renumbered 273.081]

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ORS 273.451 [1973 c.755 §2; repealed by 1981 c.787 §58]

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ORS 273.452 Indemnification contract for occupancy of political subdivision lands. The state or any state agency occupying a street or public property of a political subdivision by any structure above, on or under the surface, may provide a contract of indemnity to protect the other political subdivision against loss or damage resulting from such occupancy. [1981 c.787 §18]

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ORS 273.455 [1973 c.755 §3; repealed by 1981 c.787 §58]

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