6 chapters · 372 sections in this title.
ORS 273.006 Definitions
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As used in this chapter, unless the context requires otherwise: (1) Board means the State Land Board. (2) County recording officer means the county clerk or other county officer carrying out ORS 205.130 to 205.220. (3) Department means the Department of State Lands. (4) Di…
ORS 273.020 Governor as land commissioner
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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 cap…
ORS 273.031 State Land Board; seal
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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…
ORS 273.035 Governor is chairperson of board; rules; quorum; meetings; notice
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(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. (2) Two members of the board constitute a quoru…
ORS 273.041 Department of State Lands
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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 ex…
ORS 273.045 Administrative policies; rules
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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,…
ORS 273.051 General powers and duties of department and board
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(1) The Department of State Lands may cancel certificates of sale for lands owned by this state, if unlawfully obtained. (2) The State Land Board shall: (a) Manage, control and protect the common school grazing lands under ORS 273.805 to 273.825 so as to secure the greatest perma…
ORS 273.055 Power to acquire and dispose of real property
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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 …
ORS 273.058 Fees and compensation rates for easement to construct facility on state land
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(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…
ORS 273.061 Power of eminent domain
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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…
ORS 273.065 Finality of certain actions
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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]
ORS 273.071 Oaths; depositions; subpoenas
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(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 w…
ORS 273.075 Deed to purchaser
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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, con…
ORS 273.081 Execution of documents; recordation
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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 …
ORS 273.085 Recording copies of documents
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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 offic…
ORS 273.091 Recording fees; return of documents
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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 …
ORS 273.095 Copies or transcripts as evidence
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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]
ORS 273.099 Property transaction instruments to be maintained with department
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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 conv…
ORS 273.101 Common School Fund
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The Department of State Lands shall administer the Common School Fund as provided in ORS 327.405 to 327.480. [1967 c.421 §20]
ORS 273.105 Distributable Income Account
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(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. (2) The following moneys in the Common School Fund …
ORS 273.107 Legacy Unclaimed Property School Fund
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(1) There is established the Legacy Unclaimed Property School Fund within the Common School Fund. (2) The Legacy Unclaimed Property School Fund consists of moneys transferred to the fund under section 7, chapter 424, Oregon Laws 2021. (3) Interest earned by the fund is credited t…
ORS 273.108 Unclaimed Property School Fund; use by State Treasurer
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(1) There is established the Unclaimed Property School Fund within the Common School Fund. (2) The Unclaimed Property School Fund consists of: (a) Moneys appropriated or transferred to the fund by the Legislative Assembly or by act of law; and (b) Moneys transferred to the fund f…
ORS 273.115 Department use of Common School Fund
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The Department of State Lands may use so much of the Common School Fund as is necessary for: (1) The acquisition of lands, easements, and all other interests in real property. (2) Improvement, operation, and maintenance of property, crops, timber, fixtures and appurtenances wheth…
ORS 273.117 Acquiring land as Common School Fund investment; lease of land
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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…
ORS 273.119 Private or federal grants for studies related to coordinating state and federal permitting issues
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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. [20…
ORS 273.121 Expenditures of funds under control of department
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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 represen…
ORS 273.125 Refund of moneys
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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 unclai…
ORS 273.131 Compromise or release of claims
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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 t…
ORS 273.135 Agreements with other agencies for special services; costs; interagency services
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(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 applica…
ORS 273.141 Nature of services to be performed by certain other agencies
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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…
ORS 273.145 Department powers in exchanges, settlements and indemnifications
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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 suc…
ORS 273.151 Cooperation with federal government
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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…
ORS 273.155 Cooperation of state and county agencies
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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 re…
ORS 273.161 Director of department; salary of director and staff
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(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. (2) The director shall receive such salary as is fixed by the board. In addition to salary, subject to applicab…
ORS 273.165 Oath and bond of director
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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 thi…
ORS 273.171 Duties and authority of director
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(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…
ORS 273.175 Employees of department; compensation; fidelity bonds
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Subject to any applicable provision of the State Personnel Relations Law: (1) The Director of the Department of State Lands shall appoint and discharge such personnel as the director considers necessary for the efficient administration of the laws conferring powers or imposing du…
ORS 273.183 Authority of department to require fingerprints
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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: (1)(a) Is employed or applying for employment by the department; or (b) Provides services or seeks to provide…
ORS 273.185 Director to investigate trespasses on state lands; appearance before federal agencies; expenses
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(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…
ORS 273.192 Removal of personal property; storage; disposal; notice; rules
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(1) As used in this section: (a) Personal property includes any item that is reasonably recognizable as belonging to an individual, including books, photographs, personal documents such as identification and Social Security cards, camping equipment, sleeping bags, blankets, bic…
ORS 273.196 Agreements to provide maintenance of state lands; program; minimum requirements; rules
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(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 maintenanc…
ORS 273.197 Agreements to provide interpretive services
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(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 pr…
ORS 273.199 Rules for agreements for interpretive services
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The Department of State Lands shall adopt rules to carry out the purposes of ORS 273.197. The rules shall include: (1) Procedures and forms to be used by an organization entering into an agreement with the Director of the Department of State Lands under ORS 273.197. (2) Guideline…
ORS 273.225 Application for lease to take material; form
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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 de…
ORS 273.231 Removal without compliance with statute
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(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. (2) The establishment or placing of a dredging or digging outfit on any waters, the submersible or submerged lands of whi…
ORS 273.235 Departments powers to enforce statute
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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 i…
ORS 273.241 Action to recover damages for unlawful removal of material
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(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 dam…
ORS 273.245 Asset management plan; schedule for disposition
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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 boards jurisdiction. The Department of State Lands shall provide a report to each odd-numbered y…
ORS 273.247 Disposal of isolated parcels of rangeland; sale procedure
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(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 …
ORS 273.251 Classification of state lands
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Unless the context or a specially applicable definition requires otherwise, state lands are classified as follows: (1) Agricultural college lands. Lands granted to the state by the Act of July 2, 1862 (12 Stat. 503), and otherwise, for the support and maintenance of Oregon Stat…