288 sections in this chapter.
ORS 273.456 Lease of space above or below street or highway; conditions; effect on prior dedications. If the state holds the easement or fee title to a street or highway, the state may lease the space above or below that street or highway for private purposes for such period as the controlling state agency determines the space will not be needed for public purposes, and upon such other terms and conditions as the agency finds to be in the public interest. Before leasing the space, the agency shall determine that the use of the space will not unreasonably interfere with the public use and utility use of the street or highway, and shall notify the property owners abutting the space proposed to be leased under this section and give them an opportunity to be heard with respect to the proposed leasing. Lease of space above or below a street or highway for private purposes shall not affect prior dedication or grant of the area for street or highway purposes. [1981 c.787 §19]
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[Repealed or reserved.]
ORS 273.459 [1973 c.755 §4; repealed by 1981 c.787 §58]
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[Repealed or reserved.]
ORS 273.460 [Amended by 1967 c.421 §25; renumbered 273.131]
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[Repealed or reserved.]
ORS 273.461 [1981 c.787 §20; renumbered 270.025 in 1991]
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TRUST LAND TRANSFERS
ORS 273.462 Definitions. As used in ORS 273.462 to 273.464
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(1) “State agency” means an agency of the executive department, as defined in ORS 174.112, or a public university listed in ORS 352.002. (2) “Tribe” means a federally recognized Indian tribe in Oregon. (3) “Trust lands” means state land: (a) Granted to the state for the use of sc…
ORS 273.463 Policy. It shall be the policy of the State of Oregon to
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(1) Identify, as appropriate, trust lands under the jurisdiction of the State Land Board that, due to management or regulatory impediments, have limited performance potential as assets of the Common School Fund; and (2) Transfer the identified trust lands to state agencies, feder…
ORS 273.464 Trust lands with limited performance potential as assets of Common School Fund; identification; procedures for transfer; rules. (1) The State Land Board may identify tracts of trust lands under the board’s jurisdiction that have limited performance potential as assets of the Common School Fund and submit to the Legislative Assembly proposals to transfer the identified tracts of trust lands to another state agency, a federal agency or a tribe
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(2) The state agency, federal agency or tribe to which identified tracts of trust lands are to be transferred may be identified by the board in the proposal authorized under subsection (1) of this section, or may be designated by the Legislative Assembly. (3) A proposal submitted…
ORS 273.465 [1973 c.755 §5; repealed by 1981 c.787 §58]
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[Repealed or reserved.]
ORS 273.470 [Amended by 1967 c.421 §26; renumbered 273.125]
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[Repealed or reserved.]
ORS 273.480 [Amended by 1967 c.421 §62; renumbered 273.311]
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[Repealed or reserved.]
ORS 273.481 [1981 c.787 §21; repealed by 1983 c.642 §11]
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[Repealed or reserved.]
ORS 273.486 [1981 c.787 §§22, 23; repealed by 1983 c.642 §11]
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[Repealed or reserved.]
ORS 273.490 [Amended by 1967 c.2 §2; 1967 c.421 §33; repealed by 1967 c.616 §29]
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[Repealed or reserved.]
ORS 273.491 [1981 c.787 §24; repealed by 1983 c.642 §11]
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[Repealed or reserved.]
ORS 273.496 [1981 c.787 §25; repealed by 1983 c.642 §11]
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PUBLIC ACCESS SITES
ORS 273.500 Access to public access sites; notice of proposed restriction or closure; reports; rules. (1) As used in this section
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(a) “Public access site” means a site on state public lands where the public may access the lands for recreational use of a floatable natural waterway. (b) “State public lands” means any land, or improvements thereon, owned by the State of Oregon. (2)(a) Before a state agency may…
ORS 273.505 Object of ORS 273.511. The object of ORS 273.511 is to ascertain and determine the title of the State of Oregon to the beds of shallow and dry lakes and the lands around lakes exposed to reliction or otherwise. [1967 c.421 §76]
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[Repealed or reserved.]
ORS 273.510 [Amended by 1967 c.421 §37; repealed by 1967 c.616 §29]
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[Repealed or reserved.]
ORS 273.511 Acquisition of submersible and swamp lands; reclamation. The Department of State Lands shall ascertain the amount of land to which it is entitled under the Acts of Congress relative to submersible and swamp lands, acquire title thereto and enter into contracts for drainage and reclamation in order that the lands may be available for development and settlement. [Formerly 273.730; 1969 c.594 §29]
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[Repealed or reserved.]
ORS 273.520 [Amended by 1965 c.14 §42; 1967 c.421 §38; repealed by 1967 c.616 §29]
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[Repealed or reserved.]
ORS 273.521 [Formerly 273.305; 1997 c.117 §3; renumbered 273.523 in 1997]
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SALE OF FOREST PRODUCTS
ORS 273.522 Definition for “forest products.” As used in ORS 273.522 to 273.541, “forest products” has the meaning given that term in ORS 532.010. [1997 c.117 §2]
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[Repealed or reserved.]
ORS 273.523 Sale of forest products on state lands. The Department of State Lands may sell and dispose of the forest products on lands of the State of Oregon that have not been designated Common School Forest Lands under ORS 530.460, regardless of acreage and in such quantities to each purchaser as the department shall prescribe. If the value of the forest products, as appraised under ORS 273.525, exceeds $25,000, the department shall sell the forest products to the highest and best bidder at public auction, or through sealed bids, as the department may determine prior to offering the forest products for sale. [Formerly 273.521]
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[Repealed or reserved.]
ORS 273.525 Appraisal of forest products; notice; sale conditions. (1) Before offering any forest products for sale under ORS 273.523, the Department of State Lands shall cause the forest products to be appraised in a manner that it considers appropriate
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(2) Prior to sale of forest products with an appraised value greater than $25,000, notice thereof shall be given by the department for not less than four weeks by publication once each week in one or more newspapers of general circulation in the county in which such forest produc…
ORS 273.530 [Amended by 1967 c.421 §36; 1967 c.616 §§19, 19a; renumbered 273.185]
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[Repealed or reserved.]
ORS 273.531 Decision by department on bids. When more than one bid has been received, or in case of doubt as to which of a number of bids is the highest and most advantageous for the state, the decision of the Department of State Lands is conclusive and not subject to review by the courts. [Formerly 273.315]
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[Repealed or reserved.]
ORS 273.535 Bond or other security requirements for sale of forest products. Bond or other security requirements for the sale of forest products by the Department of State Lands and provisions for the return of those bonds or securities to a purchaser shall correspond to the bond or other security requirements and provisions for the return of bonds or securities to a purchaser that are established for a forest product sale by the State Forester in ORS 530.059 and 530.061. [Formerly 273.320; 1995 c.375 §4; 1997 c.117 §5; 2014 c.47 §4]
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[Repealed or reserved.]
ORS 273.540 [Amended by 1967 c.421 §73; renumbered 273.350]
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[Repealed or reserved.]
ORS 273.541 Execution and delivery of instruments. All documents required in carrying out ORS 273.522 to 273.541 shall be executed by the Director of the Department of State Lands, and all bonds, contracts and other instruments required by ORS 273.522 to 273.541 for the protection of the interests of the state shall be delivered to the Department of State Lands. [Formerly 273.325]
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[Repealed or reserved.]
ORS 273.550 [Repealed by 1967 c.81 §1]
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DRILLING LEASES
ORS 273.551 Mining and drilling leases on state lands; fee. (1) The Department of State Lands, as to any land or mineral and geothermal resource rights subject to its jurisdiction and control and without restricting, limiting or repealing any other powers and authority which it has, after consultation with the State Department of Geology and Mineral Industries and with concurrence of any state agency acting for the state with respect to surface rights in the subject land, may execute leases and contracts for the mining of gold, silver, copper, lead, cinnabar, gas and oil, or other valuable minerals or the exploration and development of geothermal resources upon conditions agreed upon by the Department of State Lands and the lessee
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(2) All leases may be without limitation as to time; but the department may cancel any lease upon failure by the lessee to exercise due diligence in the prosecution of the prospecting, development or continued operation of the mine or well, and shall insert in every such lease ap…
ORS 273.553 South Slough National Estuarine Research Reserve; agreement between Oregon and federal government; rules. (1) It is the policy of the State of Oregon to maintain an estuarine research reserve in partnership with the National Oceanic and Atmospheric Administration. The estuarine research reserve management area includes
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(a) Lands acquired as the South Slough Estuary Sanctuary pursuant to chapter 415, Oregon Laws 1975, designated as the South Slough National Estuarine Research Reserve by federal law (P.L. 99-272); and (b) Lands owned or managed by the Department of State Lands that the department…
ORS 273.554 South Slough National Estuarine Research Reserve Management Commission; powers; rules; fees. (1) For the purpose of providing for the administration of the estuarine research reserve management area in a manner consistent with the provisions of ORS 273.553, there is created the South Slough National Estuarine Research Reserve Management Commission. The commission shall have the authority, in accordance with the policies formulated by the State Land Board, to
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(a) Conduct the day-to-day operation and management of the reserve management area with the administrative support of the Department of State Lands; (b) Appoint a manager and other staff necessary to carry out this section; and (c) Apply for, receive and expend moneys from the fe…
ORS 273.555 [Formerly 273.210; 1967 c.421 §16; renumbered 273.085]
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[Repealed or reserved.]
ORS 273.556 South Slough National Estuarine Research Reserve Management Account. (1) The South Slough National Estuarine Research Reserve Management Account is established within the Common School Fund. Except for moneys otherwise designated by statute, all moneys received by the South Slough National Estuarine Research Reserve Management Commission shall be paid into the State Treasury and credited to the account. All moneys in the account are appropriated continuously and shall be used by the commission for the purpose of carrying out ORS 273.554. Interest on moneys in the account shall be credited to the Common School Fund
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(2) The commission shall keep a record of all moneys deposited in the account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged. [1977 c.496 §3; 2…
ORS 273.557 Appeal to State Land Board. (1) Jurisdiction for review of actions and proposed actions of the commission which are claimed to be in violation of any provision of ORS 273.553 or 273.554 is conferred upon the State Land Board. Proceedings for review of such actions may be instituted by filing a request for review with the State Land Board
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(2) The request for review by the State Land Board need only state the action or proposed action of the commission in question and the particular provisions of ORS 273.553 or 273.554 which are violated thereby. Copies of the request for review shall be served by registered or cer…
ORS 273.558 Penalties; enforcement; injunctive relief. (1) Violation of a rule adopted under ORS 273.553 (4) is a Class D violation for each day of violation
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(2) In addition to all other remedies, when it appears to the South Slough National Estuarine Research Reserve Management Commission that a person has engaged in, or is engaging in, any act that violates a rule adopted under ORS 273.553 (4), the commission may direct the Attorney…
ORS 273.560 [Renumbered 273.305 and then 273.521]
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[Repealed or reserved.]
ORS 273.561 [1979 c.711 §1; repealed by 1983 c.786 §1]
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[Repealed or reserved.]
ORS 273.562 [1973 c.532 §2; repealed by 1979 c.711 §10]
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NATURAL AREAS PROGRAM
ORS 273.563 Definitions for ORS 273.563 to 273.591. As used in ORS 273.563 to 273.591, unless the context requires otherwise
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(1) “Agency” means a local, state or federal agency, board, commission or department. (2) “Candidate natural area” means a natural resource area that may be considered for registration or dedication. (3) “Commodity” means timber, minerals, livestock, agricultural products or any …
ORS 273.565 [Formerly 273.220; 1967 c.421 §17; renumbered 273.091]
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[Repealed or reserved.]
ORS 273.566 Legislative findings. (1) The Legislative Assembly finds that many valuable natural heritage resources are represented in natural areas that can be protected through the voluntary cooperation of private landowners and public land managers. These areas will comprise a discrete and limited system of natural areas that are selected to represent the full range of Oregon’s natural heritage resources. These areas shall have substantially retained their natural character, or, if altered in character, shall in addition to their natural heritage resource values be valuable as habitat for plant and animal species or for the study and appreciation of the natural features. As such they will be living museums for scientific research, educational purposes and nature interpretation
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(2) The Legislative Assembly also finds that it is necessary to establish a process and means for public and private sector cooperation in the development of this system of state natural areas. Private landowners and public land managers should be encouraged to voluntarily partic…
ORS 273.567 [1973 c.532 §1; repealed by 1979 c.711 §10]
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[Repealed or reserved.]
ORS 273.570 [Amended by 1953 c.122 §2; renumbered 273.310 and then 273.525]
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[Repealed or reserved.]
ORS 273.571 [1979 c.711 §3; 1983 c.786 §4; 1987 c.172 §1; 1989 c.63 §1; 1991 c.121 §1; 1993 c.741 §24; 1997 c.632 §3; 1999 c.238 §1; 2009 c.217 §3; repealed by 2011 c.319 §23]
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[Repealed or reserved.]
ORS 273.572 [1973 c.532 §3; repealed by 1979 c.711 §10]
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[Repealed or reserved.]
ORS 273.573 Natural areas advisory committee. (1) To aid and advise the State Parks and Recreation Director in the performance of the functions related to the Natural Areas Program, the director may establish a natural areas advisory committee
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(2) The advisory committee may assist the State Parks and Recreation Department: (a) In the development of policy for the Natural Areas Program through the review and approval of the Oregon Natural Areas Plan; (b) By reviewing nominations for registration and the voluntary dedica…
ORS 273.575 [Formerly 273.230; 1967 c.421 §18; renumbered 273.095]
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[Repealed or reserved.]
ORS 273.576 State Parks and Recreation Department duties; Oregon Natural Areas Plan; contents. (1)(a) The State Parks and Recreation Department shall provide assistance in the selection and nomination of natural areas containing natural heritage resources for registration or dedication
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(b) The Oregon Natural Areas Plan established by ORS 273.578 shall govern the Natural Areas Program in the conduct of activities to create and manage a system of state natural areas that are complementary to and consistent with the research natural area program on federal lands i…