Title 25, Public Lands

Any political subdivision holding the easement or fee title to a street or highway may lease the space above or below that street or highway for private purposes for such period as the governing body determines the space will not be needed for public purposes, and upon other term…

Any political subdivision, owning or controlling any real property or rights therein, may enter into agreements with the United States or any agency thereof, relative to the conditions for and places where electrical and other transmission lines may be placed and maintained acros…

(1) It is the intent of the Legislative Assembly that the state inform city and county governments of applications for the installation of fiber-optic lines on public land and in public rights of way that have been submitted to state agencies. (2) The Governor shall direct the De…

As used in ORS 271.510 to 271.540, “industrial facility” means any land, any building or other improvement, and all real and personal properties, including, but not limited to, machinery and equipment deemed necessary in connection therewith, whether or not now in existence, whic…

It is hereby declared that there is a need for the continued development of industrial, commercial, manufacturing, research and development and warehouse facilities to insure the growth and prosperity of the state, and of the counties and cities within the state. It is the purpos…

In addition to any other powers which they may now have, and notwithstanding any law to the contrary, each county and city shall have the following powers: (1) To acquire by gift, grant or donation one or more industrial facilities, which shall be located within the state, and wh…

A county or city shall not operate an industrial facility as a business enterprise or in any manner except as a lessor. [1965 c.553 §4] MISCELLANEOUS PROVISIONS

(1) As used in this section: (a) “Indian tribe” has the meaning given that term in ORS 97.740. (b) “Public body” has the meaning given that term in ORS 174.109. (c) “Public property” has the meaning given that term in ORS 131.705. (2) A public body may not use the term “squaw” in…

As used in ORS 271.715 to 271.795, unless the context otherwise requires: (1) “Conservation easement” means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic …

(1) The state, any county, metropolitan service district, soil and water conservation district, city or park and recreation district or a county service district established under ORS 451.410 to 451.610 to construct, maintain and operate service facilities in Washington or Clacka…

(1) An owner of real property considering whether to convey a conservation easement or a highway scenic preservation easement to a holder may apply to the county assessor for a report on the effect of the conveyance of the easement on the assessed value of the property upon which…

(1) Before the acquisition of a conservation easement or highway scenic preservation easement, the state agency, county, metropolitan service district, soil and water conservation district, city, park and recreation district or county service district established under ORS 451.41…

A conservation easement or highway scenic preservation easement is valid even though: (1) It is not appurtenant to an interest in real property; (2) It can be or has been assigned to another holder; (3) It is not of a character that has been recognized traditionally at common law…

(1) An action affecting a conservation easement or highway scenic preservation easement may be brought by: (a) An owner of an interest in real property burdened by the easement; (b) A holder of the easement; (c) A person having a third-party right of enforcement; or (d) A person …

(1) ORS 271.715 to 271.795 apply to any interest created after October 15, 1983, that complies with ORS 271.715 to 271.795, whether designated as a conservation easement or highway scenic preservation easement, or as a covenant, equitable servitude, restriction, easement, or othe…

The board or officer administering a state agency or the governing body of any county, metropolitan service district, soil and water conservation district, city or park and recreation district or of a county service district established under ORS 451.410 to 451.610 to construct, …

For the purpose of taxation, real property that is subject to a highway scenic preservation easement shall be assessed on the basis of the real market value of the property less any reduction in value caused by the highway scenic preservation easement. Such an easement shall be e…

ORS 271.715 to 271.795 shall be applied and construed to effectuate the general purpose to make uniform the laws with respect to the subject of ORS 271.715 to 271.795 among states enacting it. [1983 c.642 §6; 1997 c.249 §82] _______________

Whenever it is necessary for the United States to acquire title to real property belonging to an individual or corporation, for the purpose of constructing a public improvement authorized by Act of Congress, and such property cannot be purchased from the owner for that purpose, a…

All civil or criminal process issued under the authority of this state may be executed by the proper officers of this state upon any person amenable to the process within the limits of lands acquired by the United States under ORS 272.020, 272.030, 272.033 and 272.036 in like man…

Whenever the United States desires to acquire title to land belonging to this state, and covered by the navigable waters of the United States, for the site of an aid to navigation, and application is made by a duly authorized agent of the United States, describing the site requir…

Consent is given to the United States to acquire lands for the purpose of erecting thereon any needful public buildings, under authority of any Act of Congress. The United States may enter upon and occupy such lands which may be purchased or otherwise acquired, and shall have the…

Exclusive jurisdiction is ceded to the United States over the military reservation of Fort Stevens, situated on Point Adams, in Clatsop County of this state, subject to ORS 272.015. [Formerly 272.080]

Consent is given to the United States to acquire the premises and property described in the preamble of chapter 77, Oregon Laws 1913 (Oregon City canal area). The United States may enter upon and use and occupy such lands and premises and shall have the right of exclusive jurisdi…

(1) Subject to ORS 272.050, consent is given to the acquisition by the United States by purchase, gift or condemnation with adequate compensation, of such lands as in the opinion of the United States may be needed for the establishment, consolidation and extension of national for…

Acquisition authorized under ORS 272.040 shall be contingent on the consent of the governing body of the county wherein such tract or any portion thereof is situated and such consent must be given by an order duly made and entered in the records of such governing body and a certi…

(1) For the purpose of more effectively cooperating with the United States in the acquisition, development and maintenance of refuges for migratory wild fowl as provided in the Migratory Bird Conservation Act (45 Stat. 1222, 16 U.S.C. 715 to 715r), as amended, permission is grant…

Exclusive jurisdiction is ceded to the United States over all the territory now or hereafter included in that tract of land set aside by the Act of May 22, 1902 (32 Stat. 202, 16 U.S.C. 121 to 123), as amended, for the purposes of Crater Lake National Park. However, the State of …

Jurisdiction over the tract of land included within the limits of the Sheridan Federal Correctional Institution, an area of approximately 189 acres located in the City of Sheridan, Yamhill County, Oregon, is hereby ceded to the United States. However, the State of Oregon reserves…

(1) All funds received from the United States Government by the State of Oregon as five percent of the net proceeds of sales of public lands and materials on those lands located within the State of Oregon, shall upon receipt by the State Treasurer be credited to a special fund in…

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…

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…

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…

(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…

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…

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,…

(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…

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 …

(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…

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…

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]

(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…

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…

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 …

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…

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 …

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]

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…

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

(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 …