Chapter 273 — Chapter 273

ORS 273.161 Director of department; salary of director and staff. (1) The State Land Board shall appoint a Director of the Department of State Lands to serve for a term of four years, subject to removal at the discretion of the board

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ORS 273.165 Oath and bond of director. Before entering upon the duties of office, the Director of the Department of State Lands shall take an oath to perform faithfully the duties of the director. The director shall give to the state a fidelity bond, with one or more corporate sureties authorized to do business in this state, in a penal sum fixed by the State Land Board. The premium on the bond shall be paid from moneys available for the payment of expenses of the Department of State Lands. [1967 c.616 §7]

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ORS 273.170 [Renumbered 273.915]

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ORS 273.171 Duties and authority of director. (1) The Director of the Department of State Lands is chief executive officer of the Department of State Lands, and is responsible for the administration of the laws conferring powers or imposing duties upon the department, subject to specific policies formulated by the State Land Board and review of the actions of the director by the board

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ORS 273.175 Employees of department; compensation; fidelity bonds. Subject to any applicable provision of the State Personnel Relations Law

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ORS 273.180 [Amended by 1967 c.421 §89; renumbered 273.751]

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ORS 273.181 [1967 c.616 §11; repealed by 1975 c.605 §33]

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ORS 273.183 Authority of department to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of State Lands may require the fingerprints of a person who

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ORS 273.185 Director to investigate trespasses on state lands; appearance before federal agencies; expenses. (1) The Director of the Department of State Lands shall investigate all trespasses on and damage to state lands and prosecute the same. The director shall appear before appropriate agencies of the United States in all cases involving the title or claim of the state to its granted land or lands selected in lieu thereof

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ORS 273.190 [Amended by 1967 c.421 §90; renumbered 273.755]

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ORS 273.192 Removal of personal property; storage; disposal; notice; rules. (1) As used in this section

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ORS 273.195 [1981 c.787 §5; renumbered 270.020 in 1991]

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ORS 273.196 Agreements to provide maintenance of state lands; program; minimum requirements; rules. (1) The Department of State Lands shall create a program whereby the department may enter into agreements with volunteers, businesses and other agencies to allow those parties, on a voluntary basis, to assist in the operation of department programs and to assist in the maintenance of state lands administered by the department. The program shall

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ORS 273.197 Agreements to provide interpretive services. (1) In order to further the interpretive and educational functions of state lands in Oregon, the Director of the Department of State Lands may enter into an agreement with a private, nonprofit scientific, historic or educational organization organized solely for the purpose of providing interpretive services for state lands facilities in Oregon

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ORS 273.199 Rules for agreements for interpretive services. The Department of State Lands shall adopt rules to carry out the purposes of ORS 273.197. The rules shall include

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ORS 273.200 [Amended by 1967 c.421 §91; renumbered 273.761]

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ORS 273.201 [Formerly 273.060; 1977 c.598 §28; 1981 c.33 §1; 1981 c.787 §45; 1987 c.426 §1; 1989 c.904 §53; repealed by 1991 c.816 §24]

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ORS 273.205 [Formerly 273.070; repealed by 1991 c.816 §24]

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ORS 273.210 [Renumbered 273.555 and then 273.085]

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ORS 273.211 [Formerly 273.080; repealed by 1991 c.816 §24]

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ORS 273.216 [Formerly 273.090; repealed by 1991 c.816 §24]

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ORS 273.220 [Renumbered 273.565 and then 273.091]

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ORS 273.221 [1967 c.421 §44; repealed by 1969 c.594 §63]

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ORS 273.225 Application for lease to take material; form. Before any person shall take any material from any real property of the State of Oregon, except in the manner and for the purposes mentioned in ORS 274.525 or 274.550, the person shall apply to the Department of State Lands for a lease. The application shall include a complete description of the location of the contemplated operation, the time and manner of contemplated removal, and such other pertinent information as the department may require. Upon receipt of such application the department may award a lease to the applicant and fix a royalty in the same manner provided in ORS 274.530. [Formerly 274.540; 1969 c.594 §13]

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ORS 273.230 [Renumbered 273.575 and then 273.095]

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ORS 273.231 Removal without compliance with statute. (1) No person shall remove material from any real property of the State of Oregon for commercial uses without complying with ORS 273.225, 274.550 and 274.560

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ORS 273.235 Department’s powers to enforce statute. The Department of State Lands may inspect and audit books, records and accounts of each person removing material from any real property of the State of Oregon, and make other investigation and secure or receive other evidence necessary to determine whether or not the department is being paid the full amount payable to it for the removal of such material. The department may proceed by action or suit to enforce payment for all materials taken from any real property of the State of Oregon, for commercial uses, whether under lease, or otherwise, for which payment has not been made. [Formerly 274.600]

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ORS 273.240 [Renumbered 271.375]

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ORS 273.241 Action to recover damages for unlawful removal of material. (1) Removal of material from any property of the State of Oregon under the control of the Department of State Lands by any person without lawful authority is a trespass for which the state, in addition to any action commenced under ORS 273.990, may also commence an action for damages. If damages are assessed against the defendant in any such action, the state shall be awarded double the amount of damages assessed if the trespass is willful. Proof by the state of its ownership of the premises is prima facie evidence that the trespass, if committed, was willful

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ORS 273.245 Asset management plan; schedule for disposition. Not later than January 1, 1996, the State Land Board shall adopt an asset management plan in accordance with this section to guide management and disposition of real estate under the board’s jurisdiction. The Department of State Lands shall provide a report to each odd-numbered year regular session of the Legislative Assembly on the progress of implementing the asset management plan. The asset management plan required by this section shall provide a schedule for disposition of state lands when the proper disposition, as determined, involves the sale, exchange or transfer of management responsibility from the Department of State Lands to other entities. [1995 c.589 §7; 2011 c.545 §35]

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ORS 273.247 Disposal of isolated parcels of rangeland; sale procedure. (1) The State Land Board, by and through the Department of State Lands or other agency acting on behalf of the State Land Board, shall dispose of isolated parcels of land classified as rangeland by the board in a manner consistent with the asset management plan adopted under ORS 273.245 and the board’s trust responsibilities

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ORS 273.250 [Amended by 1967 c.421 §87; renumbered 273.705]

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ORS 273.251 Classification of state lands. Unless the context or a specially applicable definition requires otherwise, state lands are classified as follows

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ORS 273.255 Eligibility to purchase state lands. Any individual who is 18 years of age or older and who is a citizen of the United States, or has declared an intention to become a citizen, may apply to purchase state lands. [1967 c.421 §51 (enacted in lieu of 273.030)]

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ORS 273.260 [Amended by 1967 c.421 §88; renumbered 273.711]

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ORS 273.261 Applications generally. An individual eligible under ORS 273.255 may file an application with the Director of the Department of State Lands for the purchase of state lands other than farmlands. The application must be made in a form prescribed by the Department of State Lands, contain a correct and precise description of the lands applied for in accordance with a survey acceptable to the department, and be verified before an officer authorized by law to administer oaths. [1967 c.421 §52 (enacted in lieu of 273.030)]

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ORS 273.265 Application for submersible lands. (1) If application is made for the purchase of submersible lands, the applicant must cause such lands to be surveyed at the expense of the applicant by a surveyor, whose selection is subject to prior approval by the Department of State Lands. The survey must connect with and conform to adjacent surveys acceptable to the department, so far as practicable. The applicant must submit to the department, with the application, an accurate map of the lands applied for, showing the boundaries and stating the area. The map must be verified by the surveyor before an officer authorized by law to administer oaths

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ORS 273.270 [Renumbered 273.910]

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ORS 273.271 [Formerly 273.040; 1969 c.594 §21; repealed by 1993 c.71 §1]

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ORS 273.275 Price of state lands; sale to highest bidder. Except as limited by ORS 270.020 and 273.225 to 273.241 and 274.040, and as in its judgment the interests of the state demand, the Department of State Lands

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ORS 273.280 [Renumbered 273.905]

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ORS 273.281 Payment for state lands. The Department of State Lands shall require applicants for the purchase of submersible lands to pay in full for such lands at the time of purchase. Applicants for the purchase of school, agricultural college, university, swamp or indemnity lands shall make payments at such times, and with such interest for deferred payments as the department may prescribe. However, the obligation may not be allowed to stand for a longer period than five years after the date of issuance of the certificate under ORS 273.285. [Formerly 273.100; 1969 c.594 §22]

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ORS 273.285 Certificate of sale to installment purchaser; records of sale. (1) When an applicant to purchase state lands desires to make payments in installments as provided in ORS 273.281, the Department of State Lands shall, upon receipt of one-fifth of the purchase price of the land applied for, deliver to the purchaser a certificate that the purchaser has contracted to purchase the lands therein described. Upon performance under the contract and upon the surrender of the certificate of sale, the purchaser, or the heirs or assigns of the purchaser, shall be entitled to a deed issued under ORS 273.300 for the lands therein described

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ORS 273.290 Cancellation and forfeiture on default in payments. If any installment of the purchase price of land, principal or interest, remains unpaid for one year after the same becomes due, the certificate issued under ORS 273.285 shall be canceled by order of the Department of State Lands. All payments thereon shall be forfeited and the land considered vacant and subject to sale as if it had not been previously contracted to be sold. [Formerly 273.130]

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ORS 273.295 Assignment of certificates of sale; deed to assignee. All assignments of certificates of sale shall be executed and acknowledged in the same manner as a deed to real estate. The assignee, upon full payment of the amount due on the purchase price, and delivery to the Department of State Lands of such certificate and assignment, shall receive a deed for the land described in such certificate, in the name of the assignee. [Formerly 273.140]

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ORS 273.300 Issuance of deed. Whenever any purchaser of state lands holding a certificate of sale therefor has paid three-fifths or more of the purchase price thereof, the Director of the Department of State Lands may execute a deed conveying the lands to such purchaser, upon the purchaser’s executing

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ORS 273.305 [Formerly 273.560; 1967 c.421 §78; renumbered 273.521]

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ORS 273.306 Execution and record of deeds. (1) Upon full payment of the purchase price and any accrued interest thereon the Director of the Department of State Lands shall execute a deed to the purchaser in a form prescribed by the rules of the Department of State Lands

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ORS 273.310 [Formerly 273.570; 1967 c.421 §79; renumbered 273.525]

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ORS 273.311 Correction of deeds; refund of purchase price; refund to assignee of certificate of sale issued on fraudulent application. (1) In all cases where clerical errors have been made in deeds for any state lands sold, upon satisfactory proof and if the rights of innocent parties have not intervened, the Director of the Department of State Lands may execute corrected deeds to the holders thereof

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